Chapter 17.56
MOBILE FOOD VENDORS
Sections:
17.56.030 Activities requiring a license.
17.56.050 Application for license.
17.56.080 Exhibition of license.
17.56.110 Business activity to be temporary.
17.56.120 Mobile food unit standards.
17.56.130 Design and operation.
17.56.150 Violation of the provisions of the chapter.
17.56.010 Definitions.
“Mobile food unit” means a licensed and operable motor vehicle, or trailer used to serve, vend, or provide ready-to-eat food or nonalcoholic beverages for human consumption from an approved and fixed location.
“Mobile food vendor” means any business operator or vendor who conducts business from a motor vehicle or trailer upon public streets or private property, referred to in this chapter as “vendor.” (Ord. 1090 § 1, 2022)
17.56.020 Scope.
The provisions of this chapter apply to mobile food units engaged in the business of cooking, preparing, and distributing food or beverage with or without charge upon or in public and private locations. This chapter does not apply to vehicles that dispense food and that move from place to place and are stationary in the same location for no more than fifteen minutes at a time, such as ice cream trucks. (Ord. 1090 § 1, 2022)
17.56.030 Activities requiring a license.
It is unlawful for any person to operate within the city a mobile food unit, as defined in this chapter, without having obtained a business license for that purpose. A separate license shall be required for each mobile food unit. No person shall then sell or offer food products at any location until the food vendor has been duly licensed. General business license provisions (Chapter 5.02) shall apply to this special license. In addition to the provisions set forth in this chapter, a city-issued business license shall be required. (Ord. 1090 § 1, 2022)
17.56.040 Exemptions.
The provisions of this chapter shall not be applied to:
A. Lemonade stands;
B. Delivery or distribution of food, goods or products ordered or purchased by customers from a source or point of sale other than a mobile vehicle operated for the purpose of soliciting customers while located on city streets or private property;
C. Events which are conducted exclusively at the Ocean Shores Convention Center and held entirely within the confines of the Ocean Shores Convention Center.
(Ord. 1090 § 1, 2022)
17.56.050 Application for license.
A person desiring to operate a mobile food unit shall make a written application for such license to the city clerk. The application for a license shall include the following:
A. Name, signature, phone number, email contact and current business address of the applicant.
B. Information on the food vehicle to include year, make, and model of the vehicle and the vehicle or trailer’s license plate number.
C. The intended location of the mobile food unit, subject to locational limitations set forth by the city of Ocean Shores.
D. A photo or drawing of the proposed mobile food unit, showing the business name.
E. An indication of whether awnings are proposed, with the height of such awning not less than eight feet above ground level.
F. The proposed hours of operation six a.m. to ten p.m.
G. Copies of all necessary licenses or permits issued by the Grays Harbor County Health Department.
H. Copies of all additional licenses or permits that are required by the Grays Harbor County Health Department, the Washington State Department of Labor and Industries, and a valid city of Ocean Shores business license. (This requirement shall be met within thirty days of approval of a mobile food unit license by the city of Ocean Shores. However, no mobile food unit shall locate or operate within the city until such city, county and state licenses have been issued.)
I. Proof of insurance in an amount not less than one million dollars liability and designating the city of Ocean Shores as a named insured when mobile food units are conducting business on city property.
J. In addition to the submittal materials above, food vendors operating on privately owned land must submit a written consent of the property owner.
(Ord. 1090 § 1, 2022)
17.56.060 License fee.
An annual licensing fee in the amount of two hundred fifty dollars is required, in addition to fees as set forth in Section 17.56.050(H). (Ord. 1090 § 1, 2022)
17.56.070 Term of license.
The licenses issued pursuant to this chapter are not transferrable. (Ord. 1090 § 1, 2022)
17.56.080 Exhibition of license.
All licenses issued under this chapter shall be posted conspicuously on the mobile food unit. (Ord. 1090 § 1, 2022)
17.56.090 Locations.
A. Mobile food units may operate on private property in the B-1 zone retail commercial, B-2 zone general commercial , and B-3 zone resort tourist commercial, including parking lots, with the written consent from the property owner. Evidence of such written consent and approval shall be provided to the city prior to the on-site location of the mobile food unit.
B. Mobile food units located on public property shall operate only B-1 zone retail commercial, B-2 general commercial zone, and B-3 resort tourist commercial zone. The city shall approve spaces assigned to mobile food units. Location of a mobile food unit within any public right-of-way or on any public property, other than a site approved by the city, is prohibited.
(Ord. 1090 § 1, 2022)
17.56.100 Health regulations.
All food vendors shall comply with all laws, rules and regulations regarding food handling, and all vehicles, equipment, and devices used for the handling, storage, transportation and/or sale of food shall comply with all laws, rules and regulations respecting such vehicles, equipment and devices as established by the Grays Harbor County Health Department. (Ord. 1090 § 1, 2022)
17.56.110 Business activity to be temporary.
Hours of operation shall be limited to the hours between six a.m. and ten p.m. No approved mobile food units shall be left unattended on a public way, nor remain on a public way outside of these allowed hours of operation. (Ord. 1090 § 1, 2022)
17.56.120 Mobile food unit standards.
All mobile vendors licensed under this chapter shall conform to the following standards:
A. Mobile food units stationed on public rights-of-way using external signage, bollards, seating, or any other equipment not contained within the vehicle shall not reduce or obstruct the sidewalk to less than five feet.
B. Vendor shall obey any lawful order of a police officer to move to a different permitted location to avoid congestion or obstruction of a public way or to remove the vehicle entirely from the public way if necessary to avoid such congestion or obstruction.
C. No power cable or equipment shall be extended at grade across any city street, alley, or sidewalk.
D. Any exterior lighting used by the mobile food unit shall be designed and placed in such a manner that it does not result in glare or light spillage onto other properties or interfere with vehicular traffic. Lighting shall be directed in a downward manner, so as to minimize light pollution.
E. All identifying information, logos, advertising, or other displays on the exterior of a mobile food unit shall conform to the purposes set forth in Chapter 15.34 regulating commercial signage.
(Ord. 1090 § 1, 2022)
17.56.130 Design and operation.
A. Licensee shall park mobile food unit in an assigned designated area only, unless on private property.
B. Licensee shall not park in such a manner as to create a traffic hazard.
C. Sales by licensees in curbside food zones shall be made on the curbside only, and the vehicle shall be parked within one foot of the curb.
D. No waste liquids, garbage, litter, or refuse shall be dumped on city sidewalks, streets, or lawn areas, or in city gutters or drains. When leaving a sales area, licensee or employees shall pick up all litter resulting from the business sales. Licensee shall be responsible for all litter and garbage left by customers.
E. Licensee shall be in conformance with applicable city ordinances regarding noise control and vehicle identification.
F. Licensee shall comply with all Grays Harbor County public health requirements, and fire department requirements if propane or a combustible fuel is used.
G. Garbage and recycling receptacles must be supplied by the licensee for the public use. Such receptacles shall be capable of accommodating all refuse generated by the vending activity. The containers must be maintained and emptied regularly.
H. The mobile food unit shall be kept in good working condition.
(Ord. 1090 § 1, 2022)
17.56.140 Administration.
The license for a mobile food unit may be revoked for failure to comply with the provisions of this chapter, or for violation of any other provision of the Ocean Shores Municipal Code. The license can only be revoked after the appeal process unless it is deemed a life safety issue. Safety issue will be determined by fire or police. A notice of violation shall be served personally. The licensee may appeal the revocation within ten days of service of the notice, by requesting a hearing before the Ocean Shores city council. If no appeal is applied for, the revocation will take effect on the eleventh day after the date citation was written. (Ord. 1090 § 1, 2022)
17.56.150 Violation of the provisions of the chapter.
Any person violating any of the requirements of this chapter shall be guilty of a Class C offense as defined in Section 7.01.040 for a first offense and shall be subject to a fine of two hundred fifty dollars. Each day the violation continues shall be a separate offense. Any and all subsequent violations of this chapter within a period of one year shall be a Class B offense as defined in Section 7.01.040 and subject to the penalty stated in Section 7.01.050. (Ord. 1090 § 1, 2022)