City of Brodhead, WI Chapter 412 Mobile Food Businesses

[HISTORY: Adopted by the Common Council of the City of Brodhead 5-17-2021 by Ord. No. 003-2021. Amendments noted where applicable.]

§ 412-1 Conduct of business on streets, alleys, or public rights-of-way prohibited.

No person shall conduct any business on the streets, alleys, or other public rights-of-way of the City of Brodhead, unless specifically permitted by some other provision of this Code. Business operations presently being conducted outside the paved portion of the City's right-of-way may continue.

§ 412-2 Outdoor dining and food service on public terraces.

A. Any person who engages in, causes or permits, or attempts to engage in, cause or permit any dining, food service, food sales, encroachment, or other financial gain activity upon any public right-of-way, public sidewalk, public walkway, public sidewalk easement, public terrace or other public area may do so only in the manner expressly provided in this section.

B. Notwithstanding any prohibition set forth in this chapter or other provision of this Code, a person may engage in, cause, permit, and/or provide dining and food/beverage sales and service on the public terrace area(s), public sidewalk(s), public rights-of-way, public walkway(s), sidewalk easement(s), or other public area(s), but only in strict conformity and compliance with each and every of the following requirements and restrictions:

(1) A sidewalk cafe shall only be permitted in the public sidewalk and terrace properties located in C-1 (General Commercial District) and C-2 (Highway Commercial District) Zoning Districts in the City.

(2) A sidewalk cafe shall only be permitted to persons who own and/or lawfully possess a building immediately abutting that portion of the public sidewalk and terrace property which is sought to be a sidewalk cafe. The primary purpose of the building shall be coffee shop, delicatessen, bakery, restaurant, or dining activities.

(3) A sidewalk cafe shall only permit limited outdoor dining and related food and beverage service ("permitted activities") in the sidewalk cafe area. Such permitted activities shall only occur in strict conformity and compliance with each and every requirement and restriction set forth in this section.

(4) Each and every person operating a sidewalk cafe under this section, at all times during which the sidewalk cafe area is open to the public, shall provide toilet rooms and access to such toilet rooms to patrons and the public. Such access and toilet rooms shall otherwise be in the manner required by law and shall be located in the building which immediately abuts the sidewalk cafe.

(5) The sidewalk cafe must possess a valid permit from the Green or Rock County Health Department (depending on what county the cafe is located in). Verification of such permit shall be filed with the City Clerk's office prior to use of a sidewalk cafe area.

(6) No alcohol or alcohol-related activities, including, but not limited to, sale, consumption, storage, dispensing, or use, even if the sidewalk cafe area is located next to and/or part of an alcohol-licensed premises, is permitted unless such outdoor alcohol use is approved by the Common Council through amendment of the licensed premises description in the applicable license.

(7) No person or sidewalk cafe shall obstruct or impede, or permit the obstruction or impeding, of the use of the pedestrian right-of-way of any public sidewalk. A "pedestrian right-of-way," for purposes of this section, shall mean an unobstructed area of a minimum of five contiguous feet in width measured in a straight line at right angles from the building and running the length of the property line.

(8) Any and all tables, chairs, equipment and other appurtenances must be located entirely within the sidewalk cafe area, and may not be placed or in any manner encroach upon the pedestrian right-of-way or other public area or upon any other property, and shall be placed within the extended property lines which run at straight-line right angles to the vehicular portion of the street or sidewalk edge adjoining the applicable business establishment associated with the sidewalk cafe. Any and all tables, chairs, equipment and other appurtenances in the sidewalk cafe area shall be removed each day from the close of business until the normal opening of business the next day, but in no event later than 10:00 p.m. or before 6:00 a.m., respectively, each day.

(9) No littering or accumulation of debris, trash, clutter, unhealthy or similar items may occur and/or be deposited or permitted in or near any sidewalk cafe area at any time. All such litter, debris and related items shall be immediately (within 20 minutes) removed, and the area cleaned and made sightly upon any verbal or written order by any police officer, building inspector, code administration official, and/or any or their joint or several authorized designees or representatives.

(10) No food beverages or other items shall be stored or located in the sidewalk cafe area prior to service to or consumption by patrons.

§ 412-3 Motorized and nonmotorized mobile vendor cart and vehicle licensing and regulations.

A. Purpose. The purpose and intent of this section is to permit, regulate and license motorized and nonmotorized mobile vendor carts or vehicles. Vendors may sell prepackaged frozen confectionaries, such as prepackaged ice creams, frozen popsicles, soda, bottled water, cold or hot beverages, shaved ice and similar items or prepared food within the City of Brodhead. Such licensed motorized and nonmotorized vendor carts or vehicles operated in strict conformity with each and every provision of this section are exempt from the prohibition set forth in § 412-1.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

LICENSEE

The applicant who is issued and holds a license under this section.

MOTORIZED VENDOR VEHICLE

A commercially manufactured, self-contained, motorized movable vehicle or trailer in which food is cooked, wrapped, packaged, processed, or portioned for services, sale or distribution, including ice cream, custard and other prepackaged frozen treats. Each motorized food vending vehicle shall be a licensed motor vehicle permitted to function as an operable motor vehicle within the State of Wisconsin. Mobile food vehicles do not include vehicles that are used solely to transport or deliver food or a common carrier regulated by the state or federal government.

NONMOTORIZED VENDOR CART

The device regulated by this section. It includes any and all nonmotorized mobile devices that are used directly or indirectly in the sale of any goods or services, including but not limited to bicycle vending devices and pushcarts.

OPERATOR

The person who engages in or conducts any activities involving a motorized or nonmotorized vendor cart or vehicle.

OWNER

The person who owns the motorized or nonmotorized vendor cart or vehicle.

PERSON

Each and every natural person, firm, corporation, partnership, joint venture, cooperative, limited-liability company, limited-liability partnership, sole proprietorship and other individual, person and legal entity of whatever kind or nature.

VENDING CART or VEHICLE SEASON

All year.

VENDOR

An operator.

C. General regulations.

(1) Every person and motorized and nonmotorized vendor cart or vehicle engaged in activities regulated by this section, whether or not licensed, shall at all times comply with each and every provision and regulation set forth in this section.

(2) Every motorized and nonmotorized vendor cart or vehicle shall at all times be operated in strict accord with each and every provision and regulation set forth in this section.

D. License required. No person may operate, sell or vendor from, or use a motorized or nonmotorized vendor cart or vehicle, or otherwise engage in any activities regulated by this section, unless the cart or vehicle holds an appropriate and valid license from the City. Each owner, in his/her/its name, shall apply for, pay the fee for, and hold a motorized or nonmotorized vendor cart or vehicle license for each cart or vehicle in the City prior to use of such cart or vehicle in the City. This subsection shall not apply to any person who is engaged in any activities regulated by this section if the person has been approved by the Brodhead Chamber of Commerce to sell or vend during a specific Common Council approved event sponsored by the Brodhead Chamber of Commerce.

E. License application and fee.

(1) Application. Each owner desiring to conduct or engage in activities regulated by this section shall file a written application with the City Clerk or designee on form(s) provided by the City for a cart or vehicle license for each motorized and nonmotorized vendor cart or vehicle. No person may operate, conduct or engage in activities regulated by this section without filing an application, paying the fee(s) for such license or without holding an appropriate license under this section. The City Clerk, Chief of Police, Fire Chief, Common Council, and/or their appropriate designee(s) may amend and require such information on the initial application as he or she may, from time to time, consider reasonable, proper and/or necessary.

(2) License fee. The annual fee for such license shall be as set by resolution by the Common Council.

(3) All motorized and nonmotorized vendor cart and vehicle licenses shall expire on December 31 of each year.

(4) No application shall be accepted for filing, nor motorized or nonmotorized vendor cart or vehicle license issued or renewed, unless and until the owner applicant possesses all required state and county governmental agency license(s) and permit(s) for the cart or vehicle. Each owner applicant, at the time of filing the City application and at the time of all subsequent annual renewal filings, shall provide to the City Clerk proof of such other licenses and permits in such form as the City Clerk may, from time to time, deem necessary and/or desirable.

(5) No motorized or nonmotorized vendor cart or vehicle license may be issued or renewed unless and until the cart or vehicle passes the inspection of the state and county health officials and agencies, and holds the proper health licensing, permits and certification.

(6) No motorized or nonmotorized vendor cart or vehicle license may be issued or renewed if the applicant, owner or proposed operator of the cart or vehicle has had a license or permit issued under this section revoked, suspended or nonrenewed unless expressly approved by appeal to the Common Council.

(7) No motorized or nonmotorized vendor cart or vehicle license may be issued by the City Clerk unless and until all requirements set forth in this section have been fully and properly satisfied by the applicant. The decision of the Common Council shall be final in this regard.

(8) In no instance may a motorized and nonmotorized vendor cart or vehicle operate within an area previously permitted for financial gain on public property or within 200 feet of a street or area of the City designated for a community-wide special event or parades, as determined by the Common Council, or within those park areas under a lease agreement, such as the youth sports facility, without approval from both the leaseholder and Parks and Recreation Director and without the prior approval of the event organizer.

F. Each motorized and nonmotorized vendor cart or vehicle shall be separately licensed and such license shall not be transferable to any other motorized or nonmotorized vendor cart or vehicle.

G. Each issued motorized or nonmotorized vendor cart or vehicle license shall be prominently and conspicuously posted on each licensed cart or vehicle at all times.

H. At all times, each motorized or nonmotorized vendor cart or vehicle shall have permanently affixed to it and prominently displayed a sign no smaller than 12 inches by 12 inches displaying the name, address, and telephone number of the licensee.

I. Motorized and nonmotorized vendor cart or vehicle operation.

(1) Each motorized and nonmotorized vendor cart or vehicle shall be capable of being moved and kept under control by one person. All traffic laws shall be adhered to during operation of said cart or vehicle.

(2) Each motorized or nonmotorized vendor cart or vehicle shall be moved safely to and from its vending location(s).

(3) Each motorized or nonmotorized vendor cart or vehicle shall be secured at all times so as not to injure or endanger persons or property.

(4) Each motorized or nonmotorized vendor cart or vehicle shall be equipped with at least one leakproof container for the deposit of waste, garbage, litter, and refuse. A second leakproof container for the deposit of recyclable materials shall also be required. All such containers shall be kept covered with tight-fitting lids. When leaving the sales area, the licensee and his or her employee(s) shall be responsible for the removal of all litter resulting from his or her business or customer's use of his or her business.

(5) Each operator, licensee and motorized or nonmotorized vendor cart and vehicle shall comply with all state codes and statutes, regulations and standards relating to the serving and selling of food or food products.

(6) An operator shall be personally and physically present next to the motorized or nonmotorized vendor cart or vehicle and within the vending site at all times during which items are displayed or sold. Vendor carts or vehicles shall only be allowed within the public right-of-way during permitted hours of operation.

(7) All motorized and nonmotorized vendor carts and vehicles must utilize a self-contained power source. Power cannot be drawn from utilities located within the public right-of-way, neither can power cables be extended at grade across a public street, sidewalk or alley.

J. Insurance requirement. Each licensee shall obtain, pay for and at all times maintain proof of and actual liability insurance coverage against personal injury, death and property damage in an amount of not less than $1,000,000 per person, per incident and $1,000,000 aggregate per incident. Such insurance shall name the City of Brodhead and each and every of the City's elected and appointed officials, officers, employees, agents and representatives as additional or coinsureds. At the time of filing the initial and all renewal applications, an applicant shall provide a true and correct photocopy of a certificate of insurance and/or other proof of insurance for each cart in the form required by the City Clerk.

K. Regulations.

(1) Motorized and nonmotorized vendor carts or vehicles must be stationary at all times when sales and related activities are occurring.

(2) Motorized and nonmotorized vendor carts or vehicles may set up and operate in the public streets but not in the travel lane.

(3) Only nonmotorized vendor carts may set up and operate in the public terraces.

(4) Nonmotorized vendor carts shall be prohibited from using, setting up in or on, and shall not operate upon the public bike trails or public sidewalks except in those areas zoned C-1, C-2, I-1 or I-2. Nonmotorized vendor carts may be operated on the sidewalks where a terrace area is not in existence and where a minimum five-foot pedestrian path on the sidewalk is maintained for pedestrian movement.

(5) The motorized vendor vehicle service window shall be oriented to the curb side of the street and not to the front, rear or travel lane side of the vehicle. Motorized vendor vehicles may set up and operate within public parking lots within areas zoned C-1, C-2, I-1 or I-2.

(6) In City parks, motorized and nonmotorized vendor carts or vehicles are only allowed upon issuance of a permit, pursuant to § 345-5, for specific park areas designated by the Chief of Police, in consultation with the Parks and Recreation Director. Said approval shall also include payment of any associated park use or other license fee(s) as determined by the Park Board for each vendor cart or vehicle license.

(7) No motorized and nonmotorized vendor cart or vehicle shall operate before 8:00 a.m. or after dusk (sunset on any day).

(8) All motorized and nonmotorized vendor carts must comply with the provisions of the City's ordinances regarding the use of loudspeakers and amplifiers for advertising.

(9) All nonmotorized vendor carts must comply with the provisions of the City's ordinances regarding the use of signs.

(10) All applicable provisions of Chapter 411, addressing requirements for transient merchants, are incorporated herein by reference. Any action required or prohibited therein shall be required or prohibited, as applicable, by this section.

(11) A motorized or nonmotorized vendor cart or vehicle may not operate in any one location zoned residential or commercial for more than 60 minutes at any one time.

(12) A motorized or nonmotorized vendor cart or vehicle may not operate for business on public property within 200 feet of an existing licensed restaurant establishment as measured door to vehicle along the curbline of the public street from the entry door into the existing establishment to the vehicle or cart.

(13) Each operator and other person, whether or not licensed, who engages in any activities regulated by this section shall at all times fully and timely comply with and abide by each and every requirement and provision set forth in this section and in each and every other ordinance of the City of Brodhead.