Chapter 5.30
MOBILE VENDORS
Sections:
5.30.020 Mobile vendor business – License required – Exemptions.
5.30.040 Restrictions applicable to all mobile vendors.
5.30.050 Mobile food vendor – Restrictions.
5.30.070 License application – Contents.
5.30.090 Compliance with regulations.
5.30.010 Definitions.
A. “Cart” means a mobile, nonmotorized vehicle or conveyance which is intended to be pushed, pulled or otherwise used by a mobile vendor for the transport of any food, goods, wares or merchandise of any name, nature or description.
B. “City” means the city of Burlington.
C. “Food” shall have its usual and ordinary meaning, and shall include all items designed for human consumption, including, but not by way of limitation, candy, popcorn, hot dogs, tacos, sandwiches, peanuts, soft drinks, ice cream and dairy products.
D. “Mobile food preparation van” means a commercially manufactured motorized vehicle in which ready-to-eat food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution.
E. “Mobile food vendor” means a seller of foods from a mobile food preparation van, cart or other conveyance, whether upon the public streets, alleys or public property or on private property.
F. “Mobile vendor” means a transient business selling or delivering food or goods in the city.
G. “Technical committee” means representatives of public works, police, planning, building, and fire departments who conduct a preliminary review meeting on permit applications to ensure code compliance.
H. “Vending unit” means a mobile food preparation van, cart, or other conveyance, or any facility that is not on a permanent foundation that complies with the International Building Code, and which is used for the sale or delivery of food or goods. (Ord. 1874, 2019; Ord. 1759 § 1, 2012).
5.30.020 Mobile vendor business – License required – Exemptions.
No person, firm or corporation shall engage in a mobile vendor business without having first obtained a license from the city clerk to do so, which is in addition to the general license that may be required under chapter 5.04 BMC; provided, however, that no license under this chapter shall be required of the following:
A. Persons who conduct a casual or isolated sale and who are not engaged in the business of selling the type of food or goods involved.
B. Associations, corporations or organizations not organized for profit, and any community fund or foundation organized and operated exclusively for religious, scientific, public or charitable purposes, no part of the earnings of which inures to the benefit of any private shareholder, owner, member or individual, and the net earnings of which are devoted exclusively to charitable, educational or recreational purposes.
C. Seasonal fresh fruits and vegetables that are unprepared and similar agricultural products, as exempted by RCW 36.71.090.
D. Any “hawker” or “peddler,” as those terms are defined in chapter 5.16 BMC, that is also licensed under that same chapter.
E. Any mobile vending conducted within a public park as part of a street fair, carnival, athletic activity, or other public event authorized by and in accordance with a permit issued by the city for that purpose. (Ord. 1874, 2019; Ord. 1759 § 1, 2012).
5.30.030 Display of license.
All mobile vendor licenses shall be prominently displayed upon all carts, vehicles or locations from which a mobile vendor sells products. (Ord. 1874, 2019; Ord. 1759 § 1, 2012).
5.30.040 Restrictions applicable to all mobile vendors.
A. Mobile vending on the public streets and public rights-of-way within the corporate limits of the city shall not be permitted, except for persons selling frozen prepackaged/individually wrapped food items regulated by chapter 5.16 BMC such as ice cream, as long as such vendors are present at one location no more than 10 minutes at a given time; or authorized participants in a city-approved event, festival, sports tournament or similar activity.
B. Mobile vending to serve local businesses’ employees at the local businesses’ location shall be permitted when authorized by the business, such as manufacturers located at the Burlington Hill Business Park, for the period of time that it takes to set up, serve, and close up.
C. It shall be a violation of this chapter for any mobile vendor to obstruct or cause to be obstructed the passage of any pedestrian or vehicle on any public sidewalk, street, or any other public right-of-way, including customer queues or customers consuming any food sold by the mobile vendor at or near the place where any items are being sold or offered for sale. Except as explicitly allowed herein or in chapter 5.16 BMC, no items may be offered or sold, and no customers served, in any traveled portion of a public roadway.
D. No mobile vendor shall sell or deliver any food or goods from the mobile vendor’s vending unit, cart, or other vehicle or conveyance if the conveyance is within 100 feet of the entrance of any business establishment which is open for business and offers for sale similar food or goods for sale, without the consent of said business.
E. Notwithstanding any provision of this chapter to the contrary, the director of planning is authorized to adopt rules relating to the time, place, and manner in which a nonprofit organization may vend merchandise in which the organization’s political, religious, sociological, or ideological message is inextricably intertwined if the sale exercises the permittee’s rights guaranteed by the United States or the Washington Constitution. Such rules may address the issuance and duration of permits, the size and placement of tables and other equipment used, their siting and location on public property, the type of merchandise offered for sale, advertising and posting of prices, the display of licenses, the exclusion of ineligible merchandise, the documentation to accompany applications for registration, among other subjects. (Ord. 1874, 2019; Ord. 1759 § 1, 2012).
5.30.050 Mobile food vendor – Restrictions.
Temporary use permits for mobile food vendors may be issued by the planning commission for up to 12 months on private property meeting the following conditions:
A. In addition to the application materials set out in BMC 5.30.070, the submittal requirements for technical committee and planning commission include providing a site plan, a simple sketch of the site layout, depicting the following:
1. Ingress and egress.
2. Location of the vending unit.
3. Location of at least three spaces for customer parking and one space for handicapped parking.
4. If needed to provide a suitable surface, a layer of crushed rock may be required for the public area.
5. A photograph of the mobile unit, proposed signs, and any equipment.
6. Written approval by the Skagit County health department that the food preparation and service complies with health regulations.
7. Evidence of a current state of Washington vehicle registration.
8. Provide a written plan documenting appropriate disposal of wastewater generated by the vending unit.
9. Documentation that the vending unit has been approved by the state of Washington Department of Labor and Industries.
10. Evidence of necessary approvals from the Burlington fire department in the event combustible fuels will be used.
B. The technical committee shall review and approve the site plan before it is submitted to the planning commission for access, parking, signage, handling of wastewater, garbage disposal and other safety issues.
C. Comply with the standards of the state of Washington Department of Labor and Industries for electrical service to the mobile food preparation van. In no event shall the permittee locate electric lines overhead or on the ground surface in any location in which the public has access.
D. The site shall be left clean and vacant each day, including picking up trash and litter, whether or not generated by the customers.
E. The use of any portion of the vending unit as living or sleeping quarters is prohibited.
F. All attachments to the vending unit, including but not limited to signs, lights, overhangs, and awnings, shall be maintained in such a manner as to not create a hazard to pedestrians, customers or vehicles. Flashing lights and similar displays are prohibited.
G. All exterior trash receptacles not intended for customer use shall be screened from public view and securely covered.
H. Written permission from the property owner. This includes written permission for staff to use their restrooms. No portable restrooms are allowed on the site, provided that a portable restroom may be approved for interim use if there are no permanent restrooms available from an on-site business, as long as it is located at least 120 feet from an arterial street and screened.
I. Applicant may wish to consider adding landscaping to the site for longer term use. Landscaping shall be maintained in good condition.
J. Wastewater.
1. Food vans shall be required to install an appropriate grease trap and maintain it.
2. Grease shall be dumped in the garbage and wastewater in the sanitary sewer.
3. There shall be no portable restrooms allowed on site.
K. One portable pop-up 10-foot-by-12-foot tent canopy or umbrella may be used for cover for patrons, or up to three tables with beach type umbrellas. Umbrellas and canopies must be removed at the end of each day.
L. Cooking with wood or other smoke-producing devices is strictly limited to residential size barbecues not located near residences with the concurrence of the neighbors and no complaints with approval of the planning department.
M. The hours of operation for mobile vending are limited to between 7:00 a.m. and 9:30 p.m.
N. Mobile vendors shall not use amplification or noise-making devices and the permittee shall comply with chapter 8.14 BMC, Noise Abatement and Control.
O. Mobile vendors shall be responsible for ensuring that customer queues do not encroach into any abutting roadway when the street is open for vehicular traffic.
P. The owner of real property on which a mobile vendor is located shall be responsible for overall site maintenance such as added landscaping, provision of a picnic shelter with a building permit on an interim basis, and making sure that the mobile vendor complies with the permit conditions.
Q. Mobile food vendors may not serve alcoholic beverages. (Ord. 1874, 2019; Ord. 1759 § 1, 2012).
5.30.060 Director’s rules.
The planning director may promulgate rules to implement this chapter. The rules may address the subjects identified in this chapter and other subjects the director believes may aid in the implementation of this chapter. (Ord. 1874, 2019; Ord. 1759 § 1, 2012).
5.30.070 License application – Contents.
A. In addition to the application materials set out in BMC 5.30.050, any person, firm, or corporation desiring to secure a license as a mobile vendor shall make application to the finance director, on forms to be provided by the finance director.
B. The application for a mobile vendor business license shall state the name and address of the applicant; the vehicle license numbers of all motor vehicles from which the applicant proposes to conduct business; a description of the general type of food or goods proposed to be sold by the applicant; and the address or addresses where the applicant proposes to engage in business as a transient business.
C. Such application shall be accompanied with the license fee as provided for in this chapter, and evidence of a Washington State Department of Revenue business registration number. (Ord. 1874, 2019; Ord. 1759 § 1, 2012).
5.30.080 License fee.
Business license fees shall be as fixed in an amount determined by council resolution of the city council. (Ord. 1874, 2019; Ord. 1759 § 1, 2012).
5.30.090 Compliance with regulations.
All food vendors engaged in the sale of food shall comply with all laws, rules and regulations regarding food handling, and all mobile food preparation vans and motor vehicles used by mobile vendors shall comply with all applicable laws, rules and regulations respecting such vehicles as established by the Skagit County health department, the Washington State Motor Vehicle Code, and the Burlington Municipal Code. All mobile vendors and food vendors shall further be responsible for cleaning up each day all litter originating from their business and within a 150-foot radius of the location where any sales occur. (Ord. 1874, 2019; Ord. 1759 § 1, 2012).
5.30.100 Violation – Penalty.
Failure to perform any act required by this chapter, or the performance of any act prohibited by this chapter, is designated as a civil infraction and may not be classified as a criminal offense. Any person, firm or corporation found to have committed an infraction under this chapter shall be assessed a monetary penalty. No penalty assessed for infractions under this chapter may exceed $500.00 for each separate infraction. (Ord. 1874, 2019; Ord. 1759 § 1, 2012).