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ARTICLE VIIA. FOOD TRUCKS
Food trucks shall mean a business serving or offering for sale food and/or beverages from a mobile food unit which, for purposes of this article, shall mean a fully enclosed vehicle or trailer that is also licensed by the state as a mobile food service establishment special transitory food unit.
Local Health Department shall mean the health department having jurisdiction in the city where the mobile food service establishment is based.
Mobile food service establishment shall mean a food service establishment operating from a vehicle or trailer which is not fully equipped for full food service and, therefore, must return to a licensed commissary at least once every 24 hours for servicing and maintenance (MCL 289.6135).
Special transitory food unit shall mean a temporary food service establishment licensed to operate without 14-day limits or a mobile food establishment that is not required to return to a commissary (MCL 289.6137).
(Ord. No. 18-1613, 6-12-18; Ord. No. 22-1743, 5-24-22; Ord. No. 23-1805, 1-9-24)
(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)
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