Chapter 5.30
MOBILE FOOD UNITS
Sections:
5.30.020 License required – Fees – Issuance.
5.30.025 Application materials.
5.30.040 Inspection and permits.
5.30.070 Areas for location of mobile food units.
5.30.100 Violation – Penalty – Abatement – Revocation.
5.30.005 Applicability.
A. This chapter regulates mobile food units operating on properly zoned private property, and on city-owned properties zoned park (P). Mobile food units are not permitted to locate or operate in the right-of-way.
B. Mobile food units operating on city-owned property zoned park (P) are subject to this chapter but must also obtain approval of either an exclusive use permit and parks concession agreement pursuant to Chapter 12.16 LCMC (park regulations) or a special event permit and concession agreement pursuant to Chapter 5.16 LCMC (Special Events). (Ord. 2020-06 § 1)
5.30.010 Definitions.
“Mobile food unit” is a mobile unit that meets state, county, and Department of Motor Vehicles requirements for licensing, registration, and operation as a unit utilized to provide commercial food preparation and serving to the general public. Food may be prepared or processed on the unit, and said prepared or processed food is sold and dispensed to the ultimate consumer from the unit. (Ord. 2020-06 § 1)
5.30.020 License required – Fees – Issuance.
A. No person shall operate as a vendor of a mobile food unit without an annual license as provided in this chapter. Each mobile food unit requires its own separate license. Licenses shall be issued by the finance department after compliance with this chapter and LCMC 17.80.170 by the applicant.
B. A license must be obtained before operations are commenced and an application for renewal shall be submitted with the yearly application for occupation tax permit (OTP) required by LCMC 5.04.040 and the required documents as specified in LCMC 5.30.080, Method of operation. An expired license means all operations must cease immediately until renewal is approved.
C. The annual license fee shall be in an amount set by the city council for the cost of administering this licensing program, and such fee shall not be refunded if a license is not issued or is revoked. The annual license fees of this chapter are in addition to the city occupation tax, and mobile food units shall comply with all provisions of the occupation tax ordinance (Chapter 5.04 LCMC), except LCMC 5.04.050(B). (Ord. 2020-06 § 1)
5.30.025 Application materials.
A. An applicant for a mobile food unit license shall submit the following for license approval and renewal:
1. Signed and dated official city application form for mobile food unit license.
2. Written agreement from property owner for mobile food unit use of site for the license year.
3. Copy of approved land use application and site plan stamped “approved” for proposed location.
4. Location of common eating area, if any.
5. Trash and food waste containment, storage and disposal plan.
6. If applicable based upon the designated class (III or IV) on the health department permit, the proposed methods of containment, storage, and disposal for grease, sanitary sewer, and wastewater.
7. Signed agreement or plan for vendor and patron restroom and hand washing facilities.
8. Copy of all state, county, and city food service licenses and permits for the license year. (All applicants must meet state, county, and other applicable city standards relating to, but not limited to: food preparation, Serve Safe, licensing, health and safety standards.)
9. Proof of insurance meeting city code requirements. (Ord. 2020-06 § 1)
5.30.030 Insurance.
A. For mobile food units located on city park property the following insurance is required: Unless waived or reduced by signature of the city manager and the planning director, the following insurances shall be required: A mobile food unit vendor shall be required to provide general commercial liability insurance coverage for the licensee’s operations in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate. In addition, a mobile food unit shall provide property damage insurance coverage in an amount not less than $122,900 per occurrence and $614,300 aggregate, said amounts to be adjusted from July 1, 2020, and every year thereafter, as determined by the State Court Administrator pursuant to ORS 30.273. A copy of a certificate of insurance naming the city, its officers and employees as an additional insured shall be supplied prior to issuance of the mobile food unit license. The insurance policy shall further provide that the policy shall not terminate or be canceled without 30 days’ written notice to the city. When a mobile food unit is located on public property there shall be no reduction in insurance below applicable Oregon tort claim limits.
B. For mobile food units located on private property the following insurance is required: A mobile food unit vendor shall be required to provide general commercial liability insurance coverage for the licensee’s operations in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate. In addition, a mobile food unit shall provide property damage insurance coverage in an amount not less than $100,000 per occurrence and $500,000 aggregate. (Ord. 2020-06 § 1)
5.30.040 Inspection and permits.
A. Prior to issuance of a mobile food unit license the fire marshal shall inspect each mobile food unit. The fire marshal shall certify that the mobile food unit, its location, and any cooking or heating apparatus are all in conformance with the provisions of applicable fire codes.
B. No person shall be issued a mobile food unit license unless the person submits with the application proof that all health and sanitary permits required by the state and county have been obtained. (Ord. 2020-06 § 1)
5.30.050 Reserved.
(Ord. 2020-06 § 1)
5.30.060 Sanitation.
All utensils and equipment used by a licensed mobile food unit shall be maintained in a clean and sanitary condition and shall conform to all standards prescribed by state law and county ordinance and regulations adopted pursuant thereto. (Ord. 2020-06 § 1)
5.30.070 Areas for location of mobile food units.
A. Mobile food units may operate on:
1. Private property zoned planned industrial, professional campus, general commercial, recreation-commercial, Oceanlake Plan districts (all subcategories), Taft Village Core and Nelscott Plan district (NBD and NBMU subcategories). (See LCMC Title 17.) All vendor operations on such private property must be shown on the approved site plan (LCMC 17.52.240).
2. City-owned property zoned park (P), when such commercial use is authorized by Chapter 12.16 LCMC with a concession agreement and exclusive use permit or by Chapter 5.16 LCMC with a concession agreement and special event permit.
3. An application for an annual mobile food unit license shall include a copy of the approved and final land use approval demonstrating the approved food unit location, clearly demonstrating the location does not disrupt pedestrian or vehicular access, and clearly demonstrating compliance with ADA accessibility requirements to the satisfaction of the ADA coordinator.
B. Mobile food units approved under this chapter shall not operate or be located within:
1. Public right-of-way; and
2. State of Oregon parks or waysides, unless granted a permit by the Parks Division of the Oregon Department of Transportation. (Ord. 2020-06 § 1)
5.30.080 Method of operation.
A. A mobile food unit license is nontransferable.
B. A mobile food unit may only operate in an approved location as shown on an approved land use application, or as shown on an approved parks and recreation department exclusive use permit or special event permit.
C. A mobile food unit shall be operated in accordance with all federal, state and local laws and ordinances.
D. No mobile food unit vendor shall occupy any parking spaces required for existing uses.
E. Mobile food units shall not be located or operated in such a manner as to obstruct or impede vehicle or pedestrian traffic or ADA accessibility requirements.
F. Mobile food units shall comply with all city ordinances concerning packaging, including any prohibitions on specific materials (e.g., polystyrene).
G. Mobile food unit vendors shall pick up any food waste, paper, cardboard, wood, or plastic containers, wrappers, trash, debris, and/or any litter in any form which is deposited by any person on the sidewalk or street or other property within 35 feet of a mobile food unit at any time the operation is open for business, and shall be responsible for the proper disposal of same. Wastewater shall be properly disposed of which does not include disposal in a storm drain or on the ground.
H. No mobile food unit vendor or employee shall make any loud noise in violation of the noise ordinance or place any temporary signage on public or private property.
I. No person who holds a mobile food unit vendor license shall engage in activities in violation of any conditions or requirements stated in the license.
J. A mobile food unit may have a securely attached and anchored retractable canopy or awning, not to exceed the length of the unit and a depth of five feet.
K. A mobile food unit operating on city-owned property is required to sign a standard concession agreement and pay a 10 percent gross revenue concession fee to the city. In lieu of the 10 percent concession fee, the finance director, in the finance director’s sole discretion, may elect to use a daily or monthly flat rate concession fee (in addition to any other rental charges) for use of city property. Such flat rate fees shall be established by council fee resolution after the opportunity for public comment. Concession fees are due monthly to the finance department for continuing operations and within 10 days of special events or short-term (less than two months) operations. Failure to pay concession fees shall be treated as theft and referred for prosecution.
L. An annual mobile food unit license under this chapter shall not be renewed or issued for another year to the same vendor until the license applicant has submitted an annual report and documentation for the preceding year(s) including (1) gross sales; (2) concession fees paid; (3) other fees and charges paid for use of public property or right-of-way; (4) priority/priority foundation fail records for the previous year. No mobile food unit license shall be issued to a vendor who has failed to remit concession fees and been referred to collections/prosecution, or who has failed to remit any other required records. (Ord. 2020-06 § 1)
5.30.090 Reserved.
(Ord. 2020-06 § 1)
5.30.100 Violation – Penalty – Abatement – Revocation.
A. Any mobile food unit who violates any of the provisions of this chapter commits a violation. Any such violation shall be punished under the provisions of Chapter 1.16 LCMC as a Class B violation.
B. Each day’s violation of a provision of this chapter constitutes a separate offense.
C. Any violation of this chapter is deemed a nuisance. The abatement of such a nuisance is in addition to any other penalty or remedy. A nuisance may be abated as provided in LCMC 8.12.150 through 8.12.180, or in any other manner authorized by law.
D. In addition to other penalties or remedies, the municipal court judge may revoke a mobile food unit vendor’s license upon a finding that a vendor has violated any provision of this chapter or upon a finding that the license was obtained by fraud or misrepresentation by the applicant. (Ord. 2020-06 § 1)