Chapter 4.14
MOBILE FOOD VENDORS
Sections:
4.14.040 General regulations and standards.
4.14.010 Purpose.
The purpose of this chapter is to allow mobile food vendors to conduct business within the city to support entrepreneurship while setting standards, regulations, and licensing requirements. (Ord. 1611 § 1, 2023).
4.14.020 Definitions.
(a) “Mobile food preparation vehicle” or “food truck” means a commercially manufactured motorized vehicle or trailer vending unit in which ready-to-eat food is cooked, wrapped, packaged, processed, or portioned for service, sale, or distribution. This is the same as a “mobile food unit” as defined in WAC 246-215-01115(75) and regulated in WAC 246-215-09100 through 246-215-09175.
(b) “Mobile food vendor” means a seller of food from a mobile food preparation van, truck, or other vehicle or conveyance. Sales of only prepackaged food products does not constitute mobile food vending. (Ord. 1611 § 1, 2023).
4.14.030 Business license.
(a) Each mobile food preparation vehicle is required to obtain a separate business license as set forth in Chapter 4.04.
(b) Display of City Business License. All vehicles from which a mobile food vendor sells products shall prominently display a valid city business license. (Ord. 1611 § 1, 2023).
4.14.040 General regulations and standards.
(a) Parking and Circulation.
(1) Separate parking spaces for a mobile food vendor business shall not be required for a food truck located on a site with other businesses; however, a mobile food vendor shall not obstruct or cause to obstruct the passage of any pedestrian or vehicle on any sidewalk, street, fire lane, or required parking area, including obstructions caused by customer queues or customers consuming any food sold by the mobile vendor. A mobile food vendor may occupy designated parking spaces if they are in excess of the requirement for any other on-site businesses.
(2) Mobile food vending as a primary use must provide at least five parking spaces, including one ADA accessible space. The remaining four parking spaces may be gravel.
(b) Except for authorized special events, mobile food vendors shall be located on and shall sell from private property, and not from public property, public right-of-way, or public parks.
(c) The mobile food vendor shall submit to the city signed proof of permission from the property owner for the mobile food vendor to locate on the property, including a diagram of the vendor’s location on the property.
(d) The mobile food vendor shall submit a plan for trash disposal for the site. The mobile food vendor shall leave the property on which they conduct business clean each day, including picking up any trash or litter generated by the vendor’s 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) One portable pop-up tent, not to exceed twelve feet by twelve feet in size, or tables with umbrellas may be used as cover for patrons. Cooking shall not take place under any tent or umbrella. Umbrellas/tent must be removed at the end of each day. The seating area must have a concrete or asphalt surface.
(h) Grease and Wastewater.
(1) A grease interceptor shall be installed and maintained on all mobile food preparation vehicles.
(2) Grease and wastewater shall be properly disposed of per adopted state and local health regulations.
(3) The mobile food vendor shall provide a plan for disposal of grease and wastewater.
(i) Restrooms.
(1) The mobile food vendor shall comply with WAC 246-215-09150 for access to restrooms for employees.
(2) If customer seating is provided, the mobile food vendor shall comply with WAC 246-215-05235 for access to restrooms for customers.
(3) Except for authorized special events, no portable restrooms shall be allowed on a site.
(j) Mobile food vendors shall not sell or serve alcoholic beverages.
(k) Mobile food vendors shall comply with all laws, rules, and regulations regarding food handling, and all mobile food preparation vehicles shall comply with all applicable laws, rules, and regulations as established by the Adams County and state health departments, state and local traffic laws, and the provisions of the Othello Municipal Code.
(l) Mobile food vendors shall comply with the state electrical code, including any electrical service to a mobile food preparation vehicle. In no event shall a mobile food vendor locate electrical lines or extension cords overhead or on the ground in any location in which the public has access.
(m) Signage shall be in compliance with Chapter 14.58.
(n) Vehicles, including the mobile food vehicle, shall not drive over curbs to access the site.
(o) The mobile food vendor site must meet ADA accessibility requirements. (Ord. 1611 § 1, 2023).
4.14.050 Location.
A mobile food vendor may locate in any nonresidential zone. In a residential zone, a mobile food vendor may only locate where a similar commercial use would be allowed. (Ord. 1611 § 1, 2023).
4.14.060 Violation—Penalty.
Any person who violates or fails to comply with any of the provisions of this chapter shall be deemed to have committed a civil infraction and shall be subject to payment of a C-12 penalty together with all penalties and assessments for each violation. Each separate day of noncompliance is deemed a separate violation. This penalty is in addition to any other remedies available to the city. (Ord. 1611 § 1, 2023).