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(a) It shall be unlawful for any food truck to operate in the City of Dearborn without first obtaining a food truck license from the city clerk and pursuant to the provisions of this article.
(b) It shall be unlawful for any person to assist or help any person with the operation of a food truck in the City of Dearborn except as provided by this article.
(c) The provisions of this article shall apply to food trucks operating in the city pursuant to the terms and conditions in this article.
(Ord. No. 18-1613, 6-12-18; Ord. No. 22-1743, 5-24-22; Ord. No. 23-1805, 1-9-24)
(a) The application for a food truck license shall be on forms approved by the city clerk and shall include the following information:
(1) Name of the applicant; name of the business; applicant’s signature; phone number, email contact, and business address of the applicant.
(2) If the owner of the business is different than the applicant, name of the business owner; owner’s signature; phone number, email contact, and business address of the owner.
(3) Information on the food truck, including the year, make and model of the vehicle or unit and its dimensions.
(4) A statement of the status of monies owed to the city including, but not limited to, water bills, real property taxes, personal property taxes, and miscellaneous fees. An applicant with any unpaid fees owed to the city shall not be eligible for a license under this article.
(5) Copies of all necessary licenses or permits issued by the Wayne County Health Department, another county health department in the State of Michigan, and/or the State of Michigan, including but not limited to a copy of the food service establishment license issued by the State of Michigan, Michigan Department of Agriculture and Rural Development, or successor agency.
(6) A signed statement that the licensee shall hold harmless and indemnify the city, their officers, and employees for any claims for damage to property or injury to persons which may occur as a result of any activity carried on under the terms of the license.
(7) Proof of insurance coverage as follows:
a. Proof of commercial general liability policy with limits of no less than $1,000,000.00 per occurrence with a $2,000,000.00 general aggregate including products liability issued by an insurer licensed to do business in the State of Michigan.
b. For food trucks operating on city-owned public property, insurance coverage naming the city as an additional insured is required.
c. Proof of liability and property damage motor vehicle policy with limits of no less than $1,000,000.00 used by an insurer licensed to do business in the State of Michigan.
(b) Payment of the non-refundable fee listed in chapter 12, section 12-6 of the code of ordinances shall be submitted with the application.
(c) In addition to the application requirements under this subsection, each applicant must successfully pass review and inspection to ensure that they are in compliance with all relevant requirements of the fire prevention code.
(b) Upon the filing of a completed application, the city clerk shall forward a copy of the application to the Dearborn fire department to schedule an inspection of the food truck for (i) compliance with the fire prevention code, (ii) and inspection of the food truck for compliance with generator noise decibel levels, and (iii) an inspection to confirm that exhaust from the food truck is directed away from the service side of the vehicle. All generators must operate at a level of eighty (80) decibels or lower, exclusive of any other noise, when measured from a distance of fifteen (15) feet.
(1) Proof from the Western Wayne County Fire Department Mutual Aid Association that the applicant’s food truck complies fire safety, generator noise decibel, and exhaust requirements of this article is sufficient if proof of such compliance is provided to the Dearborn Fire Marshall for verification.
(e) Filing an application for a food truck license shall constitute consent to inspection by the fire department for the purpose of ensuring compliance with the specific regulations of this article. During city business hours or at another mutually agreeable time, the applicant shall allow representatives of the fire department onto the food truck to complete inspection. This section shall be narrowly construed by the city to authorize reasonable inspections of the food truck pursuant to this article.
(f) Application under this section does not guarantee access to city-approved locations for operation of a licensee’s food truck. Licensees interested in accessing approved locations must seek and receive approval as indicated in section 12-255 of this article.
(g) A license issued under this article is valid for a food truck and its employees.
(h) A license issued under this article shall not be transferable from one food truck to another.
(i) For events with 2 or more food trucks, the event organizer may apply for a food truck license on behalf of the participating food trucks subject to compliance with all requirements for licensure under this article.
(Ord. No. 18-1613, 6-12-18; Ord. No. 22-1724, 2-8-22; Ord. No. 22-1743, 5-24-22; Ord. No. 23-1805, 1-9-24)
Food truck licenses must be renewed annually by submitting an application pursuant to the terms and requirements of this article. Licenses issued under this article shall expire annually on April 30. Food trucks that have a valid license on the effective date of the amendments to this section, and whose license is scheduled to expire on December 1, 2024, are hereby granted an extension of their license until April 30, 2025.
(Ord. No. 18-1613, 6-12-18; Ord. No. 22-1743, 5-24-22; Ord. No. 23-1805, 1-9-24)
The license issued to a food truck owner/operator by the city clerk shall be displayed in a conspicuous location whenever the food truck is open for business in the City of Dearborn. In addition, food trucks shall be ready to provide visual proof of the city license and all necessary county health department and/or State of Michigan permits and licenses at all times.
(Ord. No. 18-1613, 6-12-18; Ord. No. 22-1743, 5-24-22; Ord. No. 23-1805, 1-9-24)
(a) Rules, guidelines, and restrictions.
(1) Hours of operation in designated park locations shall be between the hours of 8:00 a.m. and 9:00 p.m., unless otherwise allowed in writing by the Director of Recreation.
(2) Food trucks shall not impede access to the entrance or driveway of any adjacent building.
(3) All trash or debris accumulating within 20 feet of any food truck shall be collected by the operator and deposited in a trash container. All food truck operators must provide trash receptacles adjacent to or as a part of their truck. Operators may also rent trash receptacles from the city at an additional cost. It shall be unlawful for any food truck operator, or anyone aiding or assisting in the operation of a food truck, to throw or deposit any goods, merchandise, packaging, containers, fat, grease, paper, or other liquid waste upon any alley, street or sidewalk, or in any sewer, in the city.
(4) All waste originating from the food truck, and not from customers, shall be collected and disposed of by off-site by the food truck operator each day. Spills of food or food by-products shall be cleaned up and no dumping of greywater on the street or in parks and storm drains is allowed. Food truck operators should take appropriate precautions to prevent spills or other damages to the public property as a result of their operation. Food trucks are responsible for all greywater, grease, and other food waste, which shall NOT be dumped or disposed of on or into public property, including but not limited to drains and public trash receptacles.
(5) No food truck operator shall make or cause any unreasonable or excessive noise. No loud music or amplified announcements or noise are permitted. In addition, all generators must operate at a level of eighty (80) decibels or lower when measured from a distance of fifteen (15) feet. Initial inspection by the fire department shall include generator compliance.
(6) All food trucks shall direct exhaust away from the service side of the vehicle. Initial inspection by the fire department shall include exhaust compliance.
(7) Except as otherwise stated in this article, food truck operators shall be subject to the provisions of chapter 13 of the city’s code of ordinances regarding nuisances, including but not limited to regulations regarding noise, smoke, and noxious odors.
(8) No food truck operator shall conduct business in such a way as would increase traffic congestion or delay, constitute a hazard to life or property, interfere with an abutting property owner, or obstruct access to emergency vehicles.
(9) Food truck operators shall operate in compliance with all provisions of the code of ordinances and zoning ordinance that govern sidewalks and other public places, traffic, and motor vehicles.
(10) Food truck operators shall be subject to all applicable building, electrical, mechanical, and fire safety code requirements, including any permit or inspection requirements deemed necessary by the building official.
(11) Signage shall be placed on the food truck. Separate free-standing signs are permitted in accordance with the city’s existing encroachment regulations and sign ordinance (See Dearborn Code of Ordinances chapter 5, article XII).
(12) All exterior lights more than sixty (60) watts are subject to the following regulations:
a. Lighting and/or illumination shall not create glare or excessively illuminate the surrounding area;
b. Lighting and/or illumination that distracts motorists or creates a traffic hazard for either vehicles or pedestrians is prohibited;
c. No flashing, blinking, or strobe lights are allowed when the food truck is parked, in-service, or in motion within the city; and
d. All exterior lights shall be located and directed downward (below the horizontal), and shall not be directly visible from or aimed at adjacent streets, roads, or properties.
(13) Power required for a food truck shall be self-contained and self-provided. However, a food truck may request authorization from the building official to utilize public utilities where available. No power cable shall be extended on or across any city street or sidewalk except in a safe, concealed manner designed to prevent tripping if reviewed and approved by the building official or their designee.
(14) No food truck is allowed within twenty (20) feet of a fire hydrant.
(b) Authorized locations to operate food trucks in the city; city park food truck permit required.
(1) Public parks and park property. In addition to the licensing requirements under this article, food truck operators must also obtain a recreation food truck permit from the director of the department of recreation, or their designee, before operating a food truck in designated locations as identified below. Applicants must be licensed pursuant to the terms and conditions of this article, and their license must remain in good standing at all times they are in operation.
a. Application process.
1. Before applying for a recreation food truck permit to operate at a designated location, applicants must have a valid food truck license.
2. Applicants must file a complete application with the recreation department on forms approved by the director of the department of recreation, or their designee.
3. A fee determined by the director of the department of recreation is due at the time of application. The fee shall be non-refundable except as otherwise stated in this article.
4. Complete applications will be taken on a first-come, first- serve basis.
b. Rental fee. A non-refundable administrative rental fee determined by the director of the department of recreation will be charged addition to the application fee under this subsection. Such fee will be based on the duration that designated locations will be rented, with the following tiers:
1. Daily pass;
2. Weekly pass;
3. Weekend pass;
4. Monthly pass;
5. Season pass (no holidays); and
6. Premium pass (includes holidays and first priority for special events).
c. Designated locations. The director of the department of recreation may designate areas at the following locations for the operation of food trucks pursuant to the terms and conditions of this article:
1. Lapeer Park.
2. Hemlock Park.
3. Ford Woods Park.
4. Ford Field Park.
5. Levagood Park.
6. Crowley Park.
7. Ten Eyck Park.
8. Ford Center for the Performing Arts.
9. Other city parks as designated by the recreation director.
d. Grounds for revocation of designated location. The recreation director shall issue a written notice to revoke the recreation food truck permit if the food truck license has been revoked by the city clerk.
e. Appeals for park locations. Any person denied a location in a designated location under this subsection, section 12-255(b)(1), may appeal same as follows:
1. A person wishing to appeal pursuant to this subsection must first file a written statement of the grounds for appeal and the relief requested with the recreation director. Such appeal shall be filed with the director within 14 days of notice of denial. The appeal shall be decided by the director or their designee without hearing and within 14 days of receiving the appeal, based on review of the written statement, any supporting documents or materials submitted by the appellant, and any other papers, materials, and documents associated with the decision.
2. The decision of the director or designee may be appealed to city council by filing a written statement of the grounds for appeal and the relief requested with the council office. Such appeal shall be filed with the council office within 14 days of notice of denial by the recreation director.
Notice of hearing. Upon receipt of a request for appeal, the city council shall provide the appellant with notice and an opportunity to be heard. The city council shall serve notice upon the licensee by certified mail not less than 14 days prior to the hearing. The notice shall state:
(i) The date, time and place of the hearing.
(ii) A statement that the licensee may present evidence and testimony, and may be represented by an attorney.
The city council shall also notify the recreation director of the date and time of the hearing and provide a complete copy of the appellant’s written notice. The recreation director, or their designee, shall attend the appeal hearing.
Hearing and decision. The hearing shall be conducted by the city council and shall be open to the public. The city council shall, by resolution, decide the appeal at the public hearing. The city council shall only decide the following:
(i) Whether to uphold or overturn the decision of the recreation director;
(ii) If the recreation director’s decision is upheld, the council’s ruling shall be final;
(iii) If the recreation director’s decision is overturned, the council shall then determine: (i) whether the appellant can have the park location they originally applied for; (ii) if that location is occupied by another food truck, whether another location is available; or (iii) if the appellant does not want another location whether to refund the appellant’s application fee for a recreation food truck permit.
(2) Block parties. Food trucks may operate at block parties that receive a valid permit under chapter 17 of the code of ordinances, and must comply with all requirements of this article, the code of ordinances, and zoning ordinance.
(Ord. No. 18-1613, 6-12-18; Ord. No. 22-1743, 5-24-22; Ord. No. 23-1805, 1-9-24)
Any license issued under this article may be suspended or revoked for any of the following reasons:
(1) Fraud or misrepresentation in the application for the license.
(2) Fraud or misrepresentation in the course of conducting business.
(3) Conducting the business contrary to the conditions of the license, this article, or applicable provisions of the city's code of ordinances or zoning ordinance.
(4) Conducting the business of vending in such manner as to create a public nuisance or constitute a danger to the public health, safety and welfare.
(5) Conviction of any crime involving moral turpitude while holding a vending license from the city.
(6) Intervention by the state department of health due to uncorrected health or sanitation violations.
Upon suspension or revocation, the city shall deliver written notice to the license holder stating the action taken and the reasons supporting such action. The written notice shall be delivered to the license holder's place of business or mailed to the license holder's last known address.
(Ord. No. 18-1613, 6-12-18; Ord. No. 22-1743, 5-24-22; Ord. No. 23-1805, 1-9-24)
A license or permit obtained under this article shall not relieve any food truck of the responsibility for obtaining any other permit or license or authorization required by any other ordinance, statute, or administrative rule.
(Ord. No. 23-1805, 1-9-24)
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