Chapter 22C.260
MOBILE FOOD VENDORS
Sections:
22C.260.030 General regulations.
22C.260.040 Permitted locations.
22C.260.050 Special event permit.
22C.260.060 Revocation of permit.
22C.260.010 Purpose.
The purpose of this section is to support local business owners, stimulate economic vitality, and protect public health and safety associated with the operation of mobile food vending units. (Ord. 3206 § 2, 2022).
22C.260.020 Application.
Mobile food vendors operating on private property shall provide the city with the following information:
(1) All mobile food vendors shall require a business license per Chapter 5.02 MMC.
(2) A site plan depicting the following:
(a) Vehicle ingress and egress;
(b) Location of the mobile food vending unit, signs, and accessory equipment such as tables and canopies, if any; and
(c) Site conditions including property lines, parking, and buildings.
(3) Photograph of the mobile food vending unit, proposed signs, and any accessory equipment.
(4) Copy of Snohomish health district permit.
(5) Evidence of current Washington State vehicle registration.
(6) The mobile food vendor must obtain a signed agreement between the property owner and the mobile food vendor allowing use of the property for the mobile food business including written permission from the property owner for employees of the mobile food vendor to use the property owner’s restroom. Portable restrooms are not permitted on site.
(7) Certificate of public liability insurance in an amount not less than $500,000 for injuries, including those resulting in death, resulting from any one occurrence, and on account of any one accident.
(8) Property damage insurance of not less than $25,000 for damages on account of any one accident or occurrence. (Ord. 3206 § 2, 2022).
22C.260.030 General regulations.
The following general regulations apply to mobile food vendors:
(1) Mobile food vending units shall be temporary in nature, and may not operate from the same property more than three days of any calendar week, or 12 days per month.
(2) The hours of operation for mobile vending are limited to 7:00 a.m. to 11:00 p.m.
(3) No portion of the mobile food vending unit may be used as sleeping quarters.
(4) All attachments to the mobile food vending unit including, but not limited to, signs, lights, overhangs and awnings, shall be maintained in a manner that does not create a hazard to pedestrians, customers or vehicles.
(5) Mobile food vendors shall not obstruct sidewalks, streets, access points, fire lanes, or parking lot circulation by either the location of the mobile food vending unit or its accessories.
(6) The mobile food vendor shall comply with Chapter 16.12 MMC, National Electrical Code and Washington Cities Electrical Code, for electrical service to the mobile food vending unit. Electrical lines shall not be located overhead or on the ground in any location to which the public has access.
(7) All mobile food vending units shall obtain fire district approval prior to operating in the city and shall comply with all fire district standards.
(8) Trash and Other Waste.
(a) The mobile food vendor shall leave the site clean and vacant each day, including picking up all trash and litter within 100 feet of the mobile food vending unit.
(b) Trash receptacles not intended for customer use shall be screened from public view and securely covered.
(c) The mobile food vendor shall install and maintain an adequate grease trap in the mobile food vending unit.
(d) Grease shall be properly disposed of per adopted Washington State health regulations.
(e) Wastewater generated by the mobile food vending unit shall be disposed of in a proper manner and documented. (Ord. 3206 § 2, 2022).
22C.260.040 Permitted locations.
(1) Mobile food vending units shall be prohibited in the following areas:
(a) Any residential zones and abutting rights-of-way.
(b) City rights-of-way.
(c) Private streets.
(d) Parking areas unless it can be demonstrated that the minimum parking requirements are met on each site.
(e) Mobile food vending units may be allowed within the prohibited areas in subsections (1)(a) through (c) of this section if approved as part of a special event permit, or when approved to be located on a city-owned property.
(2) Mobile food vending may be allowed on city-owned properties approved pursuant to either city contract, or a special event permit per Chapter 5.46 MMC and MMC 22C.260.050.
(3) Mobile food vending units shall be located at least 100 feet from an existing eating and drinking place except when the legal owner of the eating and drinking place provides written permission for the vending unit to be located closer. Distance shall be measured using the shortest possible straight line from the closest edge of the mobile food vending unit to the closest edge of the restaurant building.
(4) Mobile food vending units are allowed on private properties in commercial, industrial, recreation and public institutional zones. Mobile food vendors are subject to the following requirements:
(a) One portable pop-up tent that does not exceed 120 square feet or up to three tables with beach type umbrellas may be permitted accessory to the mobile food vending unit. No cooking shall take place under the tent. Umbrellas and canopies must be removed at the end of the day.
(b) The mobile food vending unit may not diminish required off-street parking for another use.
(c) The mobile food vending unit shall conform to the standard front setback for the zoning district.
(d) All temporary signage associated with the mobile food vending unit shall be limited to 10 square feet. (Ord. 3206 § 2, 2022).
22C.260.050 Special event permit.
Mobile food vendors may operate on private and public properties as part of an approved special event permit, subject to the following:
(1) Management of vendors, such as vendor selection, booth location and products offered, shall be the responsibility of the event sponsor. Through the special event permit process, the city may regulate the location of vendors to protect the health, safety and general welfare of the public and ensure that the event does not adversely affect the ability of the city to perform its duties and functions.
(2) The event sponsor shall be responsible for ensuring that the vendors who prepare food or beverages on or off site, and who intend to sell or serve food or beverage items to the public, have the required insurance policy as required by the city’s current insurance provider. Said insurance shall list the city of Marysville as additional insured and will include the endorsement of said policy.
(3) The event sponsor shall be responsible for ensuring that all food vendors have the necessary permits from the Snohomish health district or other applicable state or county regulatory agency. (Ord. 3206 § 2, 2022).
22C.260.060 Revocation of permit.
A mobile food vendor, permitted pursuant to this chapter, may have its license revoked, suspended, or denied subject to MMC 5.02.130 if the city finds:
(1) The vendor has violated or failed to meet the terms of this chapter or other applicable sections of the municipal code or conditions of approval; or
(2) The mobile food vending unit operation is detrimental to the surrounding businesses or to the public due to either appearance or conditions of the unit. (Ord. 3206 § 2, 2022).