Chapter 5.30
MOBILE FOOD VENDORS
Sections:
5.30.010 Definitions.
"Mobile food vendor (MFV)" is a licensed, motorized vehicle or mobile food unit, including any readily movable wheeled cart, van/bus or trailer, which is temporarily stored on privately owned property where food items and nonalcoholic beverages are sold to the general public. MFVs are permitted only in the B-3 zoning district. (Ord. 274 §1, 2023; Ord. 259 §1(1), 2016)
5.30.020 Requirements.
A. All MFVs must meet the following requirements before a business license will be issued:
1. The MFVs must be located on privately owned property and must have written permission from the property owner to occupy the property.
2. All facilities and equipment used by the vendor shall be portable and shall not be located permanently on the site.
3. Seating. Each MFV may have up to ten seats before parking spaces are required. Each additional five seats will require proof of one designated parking space on the property. Seating shall not encroach upon any public right-of-way.
4. Each MFV must be fully self-contained. No permanent water or sanitary sewer hookup will be allowed. Connections to the electrical service on the property on which the MFV is located may be allowed by the property owner. The MFV must have written permission from an owner of restroom facilities for customers and employees to use such facilities.
5. All areas within five feet of the MFV must be kept clean. Grease and liquid waste must be disposed of as set out in the approved business plan and nowhere else. Grease shall not be dumped onto the ground surface or into the sanitary sewer system. Final disposal facilities for garbage, grease, and other waste material must be identified by the MFV and approved by the town and used.
6. At the end of each day of operation, the MFV will be cleaned and secured and no trash receptacles shall be left outside. There shall be no outdoor amplification pursuant to Section 8.16.010. For seasonal operation, the MFV must vacate property when sales cease, unless the property owner is also the owner of the facilities and equipment.
7. The MFV must be able to vacate its parking space within twenty-four hours.
8. MFVs shall not operate on public property or in public rights-of-way, public parking spaces, or driveways without first obtaining a special permit from the town. Further, MFVs shall not operate in fire lanes or within fifteen feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp. With town approval, MFVs may be incorporated into community-wide events, special events, or private catering contracts. MFVs will comply with all ventilation and fire protection requirements and inspections.
B. All MFVs must obtain a town business license. The application for a license shall include a business plan which shall address how the MFV will meet the requirements set out in subsection A of this section, including, but not limited to: garbage disposal, signage, water sources, wastewater dumping, grease disposal, utility plan, and restrooms for customers. The application must include proof of current certifications or inspections required by county and state authorities and the MFV must comply with all regulations in Title 50, Chapter 50, MCA and all town ordinances. All required licenses and permits must be displayed on the MFV.
C. Each MFV must post a resort tax bond and shall be responsible for collecting such taxes on goods sold.
D. Each MFV shall pay all fees required by the town. The fees for MFV shall be set by resolution of the town council.
E. MFVs that are part of a community event/special event shall meet the town of West Yellowstone’s insurance requirements for special events.
F. Penalties. In addition to the penalties provided in this code, notice of a violation shall be given to the MFV, with five days to cure the violation. If the MFV fails to cure the violation within the five days, the MFV must stop operating until the matter of the violation is resolved. (Ord. 274 §1, 2023; Ord. 259 §1(2), 2016)