Chapter 5.14
ITINERANT, MOBILE AND STATIONARY VENDORS
Sections:
5.14.050 Limitation on activities permitted by stationary vendor license.
5.14.060 Limitation on activities permitted by mobile vendor license.
5.14.090 Investigation and determination.
5.14.100 Expiration of license.
5.14.110 Exhibition of license – Transfer.
5.14.130 Stationary vendor standards.
5.14.140 Mobile vendor standards.
5.14.150 Revocation of license.
5.14.170 Violation – Penalties.
5.14.010 Purpose.
The purpose of this chapter is to:
A. Maintain the aesthetic attractiveness of city rights-of-way and city property;
B. Promote public safety and orderly movement of pedestrians and, where designated, drivers who use city rights-of-way and/or city property;
C. Protect the city’s business community by eliminating the inequity faced by stationary businesses that compete with itinerant and mobile businesses who may be operating without city business licenses and outside the regulatory authority of the city, which unfair competition threatens to erode city tax revenues and undermine the strength of its commercial life;
D. Reduce the potential for urban blight by encouraging development of permanent structures from which businesses can operate in the city;
E. Establish better recordkeeping and data collection practices which can assist police in improving safety and reducing crime throughout the city; and
F. Promote compliance with relevant building, fire, health and safety codes by those who wish to conduct business within the city. (Ord. 2008-27 § 2).
5.14.020 Definitions.
The following terms and definitions shall be used in the administration of this chapter:
A. “Concessionaire” means a person, firm or corporation operating or maintaining a concession stand for the sale of food, in the public parks in the city, or on other public property, in accordance with an agreement of franchise therefor.
B. “Food” shall have its usual and ordinary meaning, and shall include all items designed for human consumption, including, but not limited to, ice cream, candy, gum, popcorn, hotdogs, sandwiches, peanuts, soft drinks, coffee and dairy products.
C. “Itinerant vendor” shall mean any person, firm or corporation, whether as owner, agent, consignee, or employee, whether a resident of the city of not, who engages in a business of selling goods, wares, food or merchandise of any kind or description, who conducts such a business either in or about a structure that is not permanently affixed to real property, or by traveling from place to place or customer to customer for the purpose of conducting business with customers located within the city. A person, firm or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such temporary business in connection with, as part of, or in the name of any local dealer, trader, merchant or auctioneer.
D. “Mobile vendor” means an itinerant vendor who conducts business from a vehicle or other conveyance upon public streets, sidewalks, alleys, or other public ways of the city.
E. “Public celebration” means Independence Day activities or any other kind of public celebration designated by the city council such as Memorial Day or Labor Day and such events as sidewalk sales, street fairs, and grape-stomps as may be organized by the Grandview Chamber of Commerce, parks or recreation department, or other nonprofit organizations and officially authorized by the city council.
F. “Stationary vendor” means an itinerant vendor who conducts business (1) from a vehicle or other conveyance, or (2) in or about a structure that is not permanently affixed to real property and that is located upon privately or publicly owned property, but not on a public street, sidewalk, alley or public way of the city. (Ord. 2008-27 § 2).
5.14.030 License required.
It shall be unlawful for an itinerant vendor to engage in business within the city of Grandview except when licensed as a stationary or mobile vendor as defined in GMC 5.14.020, in compliance with the provisions of this chapter. A separate license shall be required for each location of any stationary vendor and for each vehicle or other conveyance engaged by a mobile vendor. (Ord. 2008-27 § 2).
5.14.040 Exemptions.
The provisions of this chapter shall not be construed to apply to the following:
A. Persons selling only fruits, vegetables, berries, eggs or any farm produce or edibles raised, gathered, produced or manufactured by such persons in the state of Washington. (Ord. 2008-27 § 2).
5.14.050 Limitation on activities permitted by stationary vendor license.
Stationary vendors shall be limited to the business of selling Christmas trees or food. (Ord. 2008-27 § 2).
5.14.060 Limitation on activities permitted by mobile vendor license.
Mobile vendors shall be limited to the business of selling food. (Ord. 2008-27 § 2).
5.14.070 Application.
Any person, firm, or corporation desiring to secure a license as an itinerant vendor shall make application to the city, on forms to be provided by the city clerk. Such application shall provide:
A. The name or names and address of the applicant, vehicle license numbers of all vehicles from which the applicant proposes to conduct business; description of the general type of goods, wares, merchandise or food proposed to be sold by the applicant; the place or places where the applicant proposes to engage in business;
B. Each application shall be accompanied with the license fee as provided for in this chapter;
C. Each license application for an itinerant vendor shall be accompanied with the following information to establish compliance with GMC 5.14.010 and other applicable codes:
1. A notarized written authorization from the business owner or property owner to conduct the applicant’s business at the place so noted on the application.
2. A statement explaining the method of trash and litter disposal being proposed by the vendor.
3. A drawing of a scale not greater than 50 feet per inch and not less than 10 feet per inch, which drawing shall depict the following information:
a. The portion of the property to be occupied by the business;
b. The portion of the property to be used for automobile parking and the number of automobiles accommodated in said area;
c. The location of driveways providing ingress and egress to the property;
d. The location of existing buildings and structures located on the property, noting the use of each building or structure so identified; and
e. The proposed placement of any lighting or signage on or about the vehicle, conveyance or other nonpermanent structure from which business is to be conducted.
4. A description of any equipment or devices that will generate noise of any sort in or about the vehicle, conveyance or other nonpermanent structure from which business is to be conducted. (Ord. 2008-27 § 2).
5.14.080 Fees.
The following fees are established for each type of itinerant vendor:
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• |
Stationary vendor (i.e., taco trucks, espresso stands) |
$300.00 per year |
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• |
Mobile vendor (i.e., ice cream carts) |
$150.00 per year |
|
• |
Christmas tree sale lots |
$75.00 per year |
License fees for a portion of the year issued after July 1st of each year shall be $75.00. (Ord. 2008-27 § 2).
5.14.090 Investigation and determination.
Upon receipt of such application, the city clerk shall cause such investigation of such person’s or persons’ business responsibility to be made as is deemed necessary to the protection of the public good and shall refer to the appropriate department heads for their determination as to compliance with the standards and requirements of this chapter. An application shall be denied by the city clerk upon written findings that the applicant’s business responsibility was unsatisfactory or that the proposed business activity will violate any applicable law, rule or regulation. Any license issued under this chapter shall contain the number of the license, the date the license was issued, the nature of the business authorized to be carried on, the amount of license fee paid, the expiration date of said license, the place where said business may be carried on under such license and the name or names of the person or persons authorized to carry on the same. The city clerk shall keep a record of all licenses issued under this chapter and shall promptly provide the Washington State Department of Revenue a copy of any license issued under this chapter. (Ord. 2008-27 § 2).
5.14.100 Expiration of license.
Any license issued under the provisions of this chapter shall expire on December 31st of each year. (Ord. 2008-27 § 2).
5.14.110 Exhibition of license – Transfer.
A. Any license issued under this chapter shall be posted conspicuously at the place of business authorized therein.
B. Any license issued under this chapter shall not be transferred to any other person, firm, corporation or location. (Ord. 2008-27 § 2).
5.14.120 Health regulation.
All food vendors shall comply with all laws, rules and regulations regarding food handling, and all vehicles, equipment, devices or structures used for the preparation, handling, storage, transportation and/or sale of food shall comply with WAC 246-215-050, as presently worded and as may be amended by law, in addition to any other rules and regulations respecting such vehicles, equipment, devices, or structures as established by the Yakima County health department and as set forth in the Grandview Municipal Code. (Ord. 2008-27 § 2).
5.14.130 Stationary vendor standards.
All stationary vendors licensed under this chapter shall conform to the following standards:
A. No stationary vendor shall be licensed for a location in a residential zone as defined in GMC Title 17;
B. Stationary vendors shall be licensed only at those sites on which there is a permanent business operating and licensed under this title;
C. No stationary vendor shall operate within 300 feet of the entrance to any business establishment offering as a main featured item or items similar products for sale which is open for business;
D. No stationary vendor shall operate within 300 feet of any restaurant, cafe or eating establishment which is open for business;
E. No stationary vendor shall locate his or her vehicle, other conveyance, or temporary stand within 20 feet of any public right-of-way or within 20 feet of the intersection of any public right-of-way and private driveway;
F. Signs. Signs must be permanently attached to the vending facility and must conform to city sign regulations for commercial uses. No freestanding or temporary signs are permitted in connection with the vending operation;
G. No vehicle, other conveyance or temporary stand shall be located closer than 20 feet from any building or structure on the licensed property or adjoining property;
H. No vehicle, other conveyance or temporary stand shall locate closer than 50 feet from flammable combustible liquid or gas storage and dispensing structures;
I. All stationary vendors shall place at least one 30-gallon garbage receptacle upon the site of business for customer use;
J. Licensed stationary vendor sites shall be cleaned of all debris, trash and litter at the conclusion of daily business activities;
K. All merchandise, goods, wares or food shall only be displayed or offered for sale from the vendor’s licensed conveyance or stand;
L. All vehicles and other conveyances of temporary stands shall be equipped with at least one 2A-40 BC fire extinguisher;
M. No stationary vendor shall be licensed to locate a vehicle, other conveyance or temporary stand within 250 feet from another stationary vendor except where vendors are separated by a public street;
N. No stationary vendor may be licensed at a location if their vehicle, conveyance or temporary stand diminishes required off-street parking for the permanent business on the site;
O. Vendors are permitted to provide one table for patron use which is limited to eight feet in length (similar in size and proportion to a typical picnic table). The permitted table must be screened from public roadways and may not incorporate umbrellas or other such devices intended to provide shade, which are not permanently attached to the facility itself;
P. Freestanding awnings, canopies, umbrellas, etc., are prohibited. All such devices shall be permanently attached to the vending facility and fully supported thereby. (Ord. 2008-27 § 2).
5.14.140 Mobile vendor standards.
All mobile vendors licensed under this chapter shall conform to the following standards:
A. Geographical Restrictions. No mobile vendor shall sell or vend from his or her vehicle or conveyance:
1. Within 400 feet of any public or private school grounds during the hours of regular school session, classes, or school-related events in said public or private school except when authorized by said school; or
2. Within 300 feet of the entrance to any business establishment offering as a main featured item or items similar products for sale which is open for business; or
3. Within 300 feet of any public park of the city where any city-authorized concession stand is located during times other than during the course of a public celebration except as approved by the parks and recreation department of the city; or
4. Within 300 feet of any public park of the city where any city-authorized concession stand is located during the course of a public celebration when nonprofit organizations are permitted to engage in the sale of merchandise and food in such park; or
5. Within any one block for more than one hour in any four-hour period, except this shall not apply in those situations where the mobile vendor is serving organized and sanctioned community-sponsored ball games at public parks and schools provided there is no city-approved concession in the park or at the school.
B. No mobile vendor shall conduct business so as to violate the traffic and sidewalk ordinances of the city as now in effect or hereafter amended.
C. No customer shall be served on the street side of the mobile unit. All service must be on the curb side when the mobile unit is on or abutting a public street.
D. No mobile vendor shall obstruct or cause to be obstructed the passage of any sidewalk, street, avenue, alley or any other public place, by causing people to congregate at or near the place where food is being sold or offered for sale.
E. All mobile vendors shall provide garbage receptacles for customer use.
F. No mobile vendor shall locate his or her vehicle or other conveyance in such a manner as to cause a traffic hazard.
G. At the conclusion of business activities at a given location the mobile vendor shall clean all the public way surrounding his or her vehicle of all debris, trash and litter generated by the vendor’s business activities.
H. All mobile vendors preparing food by cooking, frying or other means shall be equipped with at least one 2A-40-BC fire extinguisher.
I. No mobile vendor shall utilize loud music or other noises in the sale of goods or services, which music or noise may be considered to be a nuisance to residents. Noise complaints may result in the immediate revocation of the vendor’s license.
J. All mobile vendors shall not operate earlier than 9:00 a.m., nor later than one-half hour prior to sunset. (Ord. 2008-27 § 2).
5.14.150 Revocation of license.
Any license issued pursuant to this chapter may be revoked, in writing, by the city clerk for any of the following causes:
A. Any fraud, misrepresentation or false statement contained in the license application;
B. Any fraud, misrepresentation or false statement made in connection with the selling of products;
C. Any violation of this chapter;
D. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude;
E. Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public; or
F. Any other reason set forth in GMC 5.04.110. (Ord. 2008-27 § 2).
5.14.160 Appeal.
Any person aggrieved by the denial of an application for a license or by the revocation of a license as provided for in this chapter shall have the right to appeal pursuant to the procedures set forth in Chapter 2.50 GMC. (Ord. 2008-27 § 2).
5.14.170 Violation – Penalties.
Any person who violates any of the provisions of this chapter shall be subject to the penalties provided in GMC 5.04.140. (Ord. 2008-27 § 2).