[7-5-2016 by Ord. No.
2016-01]
In the interest of encouraging mobile food vendors who add to
the vibrancy and desirability of Ithaca, while providing a framework
under which such businesses operate, this article is established.
[7-5-2016 by Ord. No.
2016-01]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Vending, serving or offering for sale food and/or beverages
from a mobile food vending unit, which may include the ancillary sales
of other items consistent with the food provided, such as a T-shirt
or other item that bears the name of the organization engaged in mobile
food vending.
Any motorized or nonmotorized vehicle, trailer or other similar
device designed to be portable and not permanently attached to the
ground, from which food is vended, served or offered for sale. This
definition does not apply to vehicles that dispense food or beverages
that move from place to place and are stationary in the same location
for no more than 15 minutes at a time, such as ice cream trucks.
All activities associated with the conduct of business, including
setup, take down, and actual hours when the mobile food vending unit
is open for business.
Any individual or group of individuals engaged in the business
of mobile food vending.
[7-5-2016 by Ord. No.
2016-01]
[7-5-2016 by Ord. No.
2016-01]
(a)
A person desiring to operate a mobile food vending unit shall make
written application for a permit to the City Clerk. A separate application
is required for each unit and location. The application for a permit
shall be on forms provided by the City Clerk and shall include the
following:
(1)
Name, signature, business address, business telephone number,
business cell number, and e-mail contact information of the applicant.
(2)
Information on the mobile food vending unit, to include a copy
of the current State of Michigan vehicle or trailer registration,
and dimensions, which shall not exceed 36 feet in length or nine feet
in width.
(3)
A recent photograph of the mobile food vending unit.
(4)
A plot plan, which includes information setting forth the proposed
location of operation, hours of operation, plans for power access,
water supply and wastewater disposal, and written private property
use agreements, if applicable.
(5)
Copies of all necessary food service licenses or permits issued
by the Mid-Michigan District Health Department and/or the State of
Michigan.
(6)
A description of the preparation methods and food products offered
for sale, including the intended menu.
(7)
If a vendor unit is to be located on City-owned property, or
a public street, alley or parking lot, then provide evidence of insurance
coverage as follows:
a.
Proof of a commercial liability insurance policy with limits
of no less than $2,000,000 combined single limit coverage issued by
an insurer licensed to do business in this state and which names the
City as both an additional insured party and certificate holder.
b.
Proof of a commercial auto policy with bodily injury and property
damage with limits of no less than $1,000,000 per accident issued
by an insurer licensed to do business in this state.
(8)
At the time of filing the application, an application fee as
established from time to time by resolution of the City Council to
cover the cost of the review and administrative processing, no part
of which shall be refundable.
[7-5-2016 by Ord. No.
2016-01]
(a)
Upon receipt of an application, the original shall be forwarded to
the City Clerk for review as to compliance with all applicable laws
and ordinances and a background check.
(b)
If, as a result of such review, the application is found not to be
in compliance with all applicable laws and ordinances or the background
check, the City Clerk shall endorse on the application disapproval
and the reasons for disapproval and shall notify the applicant that
the application is disapproved and that no permit shall be issued.
(c)
If, as a result of such review, the application is satisfactory,
the City Clerk shall approve the application. The City Clerk, upon
payment of the prescribed fee, shall issue a permit. All such permits
shall contain the signature of the City Clerk and show the name and
address of the applicant, a description of the mobile food vending
unit, the amount of the fee paid, and the expiration date of the permit.
[7-5-2016 by Ord. No.
2016-01]
An applicant for a mobile food vending unit permit shall pay
a nonrefundable permit fee as established from time to time by resolution
of the City Council. There shall be no proration of fees. If operating
on non-City property, no fee shall be charged to a business that is
on the City's tax rolls whose normal business includes the sale
of food and/or beverages. No one shall hire or subcontract such vendors
in an attempt to evade the provisions of this article.
[7-5-2016 by Ord. No.
2016-01]
Each mobile food vending permit shall expire based on the length
of permit established from time to time by resolution of the City
Council.
[7-5-2016 by Ord. No.
2016-01]
[7-5-2016 by Ord. No.
2016-01]
A permit issued under this article shall not be required for
any school-sponsored mobile food vending unit if on school district
property, or authorized participants in any City- or Chamber of Commerce-sponsored
or sanctioned fair, festival, special event, or civic event, including,
but not limited to, the Ithaca Family FunFest, Ithaca Farmers Market,
and the Gratiot County Agricultural Expo Fair.
[7-5-2016 by Ord. No.
2016-01]
(a)
No operator of a mobile food vending unit shall park, stand or move
a vehicle and conduct business within areas of the City where the
permit holder has not been authorized to operate. The City Council
shall, from time to time by resolution, identify those streets and
public areas where parking by mobile food vending units is permitted.
(b)
Mobile food vending units, when parked on authorized public streets,
shall be parked in conformance with all applicable parking restrictions
and shall not hinder the lawful parking or operation of other vehicles.
(c)
A vendor shall not operate on private property without first obtaining
written consent to operate from the affected private property owner.
A private property owner shall not permit parking by a mobile food
vending unit until a City permit has been issued to the vendor.
(d)
A mobile vending unit shall be set back a minimum of 10 feet from
any property line, street right-of-way, structure or other mobile
food vending unit.
(e)
Mobile food vending units may not be parked within 150 feet of any
"brick and mortar" restaurant when such a restaurant is open to the
public for business, unless written permission has been acquired from
all restaurants within the 150-foot radius.
(f)
Mobile food vending units are not permitted within 500 feet of any
fair, festival, special event, civic event, or similar event that
is licensed or sanctioned by the City, unless prior written permission
from the event coordinator/sponsor is obtained and provided to the
City Clerk.
(g)
The issuance of a mobile food vending unit permit does not grant
nor entitle the vendor to the exclusive use of any service route or
space.
[7-5-2016 by Ord. No.
2016-01]
(a)
Mobile food vending units shall be permitted to operate between the
hours of 6:00 a.m. and 10:00 p.m., except within any of the City's
industrial parks, where the hours of operation shall extend until
2:00 a.m. to service different working shifts.
(b)
A mobile food vending unit shall not be parked overnight on public
property, or left unattended and unsecured at any time food is in
the vehicle. Any mobile food vending unit found to be unattended shall
be considered a public safety hazard and may be ticketed and impounded.
[7-5-2016 by Ord. No.
2016-01]
(a)
Customers of mobile food vending units shall be provided with single-service
articles such as plastic utensils and paper plates.
(b)
All mobile food vending units shall provide a waste container for
public use, which the vendor shall empty at its own expense. All on-site
trash, garbage and litter originating from the operation of mobile
food vending units shall be collected and properly disposed of off
site by the operators each day. Spills of food or food by-products
shall be cleaned up, and no dumping of gray water is permitted, including
into any City sanitary sewer or stormwater catch basin or manhole.
(c)
No mobile food vending unit shall make or cause to be made any unreasonable
or excessive noise to gain attention, which causes a disruption or
safety hazard as determined by the City. The operation of all mobile
food vehicles shall comply with the City Noise Ordinance, including
the use of generators. No loud music, other high-decibel sounds, horns,
or amplified announcements are permitted.
(d)
Signage is permitted when placed on mobile food units. One nonilluminated,
freestanding, portable sign that is no more than three feet in height
and six square feet or less in surface display area per side may be
used by a mobile food unit. Said sign shall be placed within five
feet of the unit, and under no circumstances shall such sign be placed
upon a sidewalk or impede pedestrian and/or vehicle driver visibility
or safety.
(e)
No banners, streamers, pennants, flags, flashing lights, blinking
lights or strobe lights are allowed on mobile food vending units,
related signage, or on the portion of the site where the mobile food
vending unit is parked. All exterior lights shall contain opaque hood
shields to direct the illumination downward and not cast light upon
adjoining structures or properties.
(f)
No mobile food vending unit shall use bollards, seating, or other
equipment not contained within the vehicle. When extended, awnings
for mobile food vehicles shall have a minimum clearance of seven feet
between the ground level and the lowest point of the awning.
(g)
Any power required for the mobile food vending unit shall be self-contained,
and a mobile food vending unit shall not use utilities drawn from
the public right-of-way. Mobile food vending units on private property
may use electrical power drawn from the property being occupied or
an adjacent property, but only if the property owner provides written
consent to do so. No power cable or equipment shall be extended across
any City street, alley, sidewalk or path.
(h)
A vendor shall exhibit the mobile food vending unit permit in a prominent
place visible to the public.
(i)
A vendor shall not represent the granting of a permit under this
article as an endorsement of the vendor by the City.
[7-5-2016 by Ord. No.
2016-01]
(a)
Permits issued under the provisions of this article may be revoked
by the City Clerk, after notice and hearing, for any of the following
causes:
(1)
Fraud, misrepresentation, or false statement contained in the
application for a permit or made in the course of operating a mobile
food vending unit;
(2)
Conducting the business of a mobile food vending unit 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
(3)
Any violation of this article.
(b)
Notice of the hearing for revocation of a permit shall be given in
writing, setting forth specifically the grounds of complaint and the
time and place of the hearing. Such notice shall be mailed, postage
prepaid, to the applicant at the last known address at least five
days prior the date set for the hearing.
[7-5-2016 by Ord. No.
2016-01]
(a)
If a written complaint is filed with the City Clerk alleging a mobile
food vendor has violated the provisions of this article, the City
Clerk shall promptly send a copy of the written complaint to the vendor,
together with a notice that an investigation will be made as to the
truth of the complaint. The vendor shall be invited to respond to
the complaint and present evidence and respond to evidence produced
by the investigation. If the City Clerk, after reviewing all relevant
material, finds the complaint to be supported by a preponderance of
the evidence, the complaint shall be certified.
(b)
If a permit is denied or revoked by the City Clerk, or if a written
complaint is certified pursuant to this article, the applicant or
holder of a permit may appeal to and have a hearing before the City
Manager. The City Manager shall make a written determination, after
presentation by the applicant and investigation by the City Clerk,
as to whether or not the grounds for denial, revocation or complaint
are true. If the City Manager determines that such grounds are supported
by a preponderance of the evidence, the action of City Clerk or filing
of the complaint shall be sustained, and the applicant may appeal
the City Manager's decision to a court of competent jurisdiction.
[7-5-2016 by Ord. No.
2016-01]
Except as otherwise provided by state law, persons who violate
any of the provisions of this article are responsible for a municipal
civil infraction and subject to a fine of $150 per day. Each day of
violation shall constitute a separate and distinct offense.
