(A) Mobile food vending units may operate on private property on parcels zoned O-1, C-1, C-2, C-3, M-1, PD, CBD, VP, PR, HS if in compliance with the applicable provisions of the Zoning Ordinance.
(B) Mobile food vendors shall not operate on city-owned property or on public streets or right-of-ways unless approval is obtained for street closure and except as such times and in such locations permitted by the City Council. When mobile food vendors are permitted to operate on public streets, no food service shall be allowed on the driving lane side of the mobile food vending unit.
(C) No food shall be sold, prepared or displayed outside of the mobile food vending unit while on the location noted on the permit.
(D) Mobile food vendors shall provide appropriate waste and recycling receptacles at the site of the unit and remove all litter, debris and other wastes attributable to the mobile food vendor or customers on a daily basis. Spills of food or food by-products shall be cleaned up by the vendor, and no dumping of gray water on the ground or streets.
(E) Mobile food vendors shall not use any flashing, blinking or strobe lights, or similar effects to draw attention to the mobile food vending unit: all exterior lights over 60 watts shall contain opaque hood shields to direct the illumination downward.
(F) Mobile food vendors shall not use loud music, amplification devices, video/LED screens or any other audible methods to gain attention which causes a disruption or safety hazard as determined by the city.
(G) There shall be no signage used by mobile food vendors except for what is on the mobile vending unit itself and one 2 x 3 foot weighted A-frame sign not placed in the right-of-way.
(H) When operating the mobile food vendor shall not place personal property outside of the unit including but not limited to dining furniture, fixtures and equipment.
(I) No mobile food vendor or unit shall utilize any electricity or power without the prior written authorization of the power customer; no power cable shall or similar device shall be extended across any street, sidewalk or parking lot except in a safe manner as approved by the Building Official.
(J) No mobile food vendor or unit shall utilize any power from utility poles or directly from the power company.
(K) Mobile food vendors shall comply with all applicable city, county and state laws, regulations and ordinances, including those regulating noise, signage and loitering.
(L) Mobile food vendors shall have written authorization of the property owner that must accompany the application.
(M) Only one mobile food vendor shall operate per zoning lot at any one time unless permitted by the city.
(N) Mobile food vendors shall comply with the established business buffer requiring that the location shall not be within 200 linear feet from all other food establishment businesses. The buffer shall be measured from the nearest point on the lot line of the lot in which the mobile food vendor is located to the nearest point on the lot line of the established business's lot.
(O) The location of the mobile food vendor on the lot shall not create any unsafe access to the business or vendor.
(P) Mobile food vendors must comply with the site frequency of not more that 6 total days at any one location in every 12 month period either consecutively or throughout the year at any location in the city. This pertains to all lots or parcels with shared usage such as strip malls. Site frequency is exempt for grand opening events at new businesses.
(Q) Mobile food vendors shall operate between the hours of 6:00 a.m. and 10:00 p.m. The vehicle must leave the lot and no overnight parking of the vehicle is permitted.
(R) Mobile food vendors shall include in the application a copy of the local health department permit for safe food handling and any other permit provided by the health department and the State of Michigan. Mobile food vendors must provide to the city a EIN tax number from the state.
(S) Mobile food vendors shall include a sketch of the proposed location of the unit on the property.
(T) Mobile food vendors shall not represent the granting of a permit under this chapter as an endorsement of the city.
(U) Prior to approval, the property owner or lessee must be in compliance with the city’s code of ordinances including outstanding ordinance enforcement actions such as pavement condition, overgrown grass and weeds, open storage, etc., any open permits, unpaid taxes or water bills.
(Ord. 21-009, passed 8-9-21)