This chapter shall be administered by the Charter Township of Orion, Fire Chief and/or their designee, as outlined below.
(A) Order of process. The following shall be the order of process in obtaining a mobile food establishment permit:
(1) Applicant submits permit application to the Orion Township Fire Department.
(2) Fire Department schedules an inspection with the applicant.
(3) Fire Department conducts the inspection.
(4) If the mobile food truck establishment meets all requirements of this chapter and the Village Zoning Ordinance (where applicable), the Fire Department shall issue a permit under this chapter. The Fire Department shall also provide the applicant with a mobile food truck sticker and applicant shall prominently display its sticker on the outside of the mobile food establishment.
(B) Mobile food establishment permit application. A mobile food establishment permit shall include the following materials:
(1) A signed and completed application form;
(2) Description of the proposed annual event(s);
(3) Depictions of all locations where the mobile food establishment will be parked and providing services and where dining areas will be located, and, if in a parking lot, how the service/ dining areas will be delineated for safety purposes;
(4) Any necessary written permission from property owners;
(5) A fee, as adopted by resolution of the Township Board; and
(6) Any additional information necessary to determine compliance with this chapter and other applicable ordinances, laws, permits, and regulations.
(C) Timely submission. Mobile food establishments shall submit a permit application two business days before any needed inspection to operate. In the event an applicant requests a permit for a mobile food establishment and is in need of an inspection with less than two business days' notice, the applicant shall be subject to payment of an increased permit fee as set forth by resolution of the Township Board.
(D) Complete and accurate. Submission of an application constitutes a representation that all of the information is complete and accurate.
(E) Issuance. Annual mobile food establishment permits shall be issued by the Township Fire Chief and/or their designee after the permit applicant has passed an inspection conducted by the fire department. All permits issued by the fire department shall expire on December 31 of every calendar year as long as the applicant remains in compliance with the provisions of this chapter and other applicable ordinances, permits, regulations, and laws. The review shall be conducted in consultation with the Fire Chief or their designee and other applicable entities and agencies.
(F) Operating without a permit. In the event a mobile food establishment is found to be operating without a permit, it shall constitute a violation of this chapter and shall constitute a civil infraction as defined by Michigan law and shall be subject to a civil fine of not more than $500, as set forth in this chapter.
(G) Withholding permit. Issuance of any license or permit may be withheld pending verification that any other necessary approvals have been granted.
(H) Conditions. Reasonable conditions may be placed on approvals, as outlined below.
(1) Health, safety, and welfare. Conditions shall be designed to protect the health, safety, and welfare of the patrons, vendors, adjacent property owners, and the community as a whole.
(2) Police power. Conditions shall be related to the valid exercise of the police power and purposes affected by the activity.
(3) Compliance. Conditions shall be designed to ensure compliance with the provisions of this chapter, other village ordinances, county requirements, and state and federal law.
(I) Suspension and revocation. As outlined below, an approval may be immediately suspended on a temporary or permanent basis by the Orion Fire Chief and/or their designee.
(1) Notice. The applicant shall receive written notice of the possible suspension or revocation, including the reason for the suspension or revocation, and actions necessary, if any, to prevent the suspension or revocation.
(a) Decision criteria. The Township Board of Trustees may issue an order to suspend or revoke a mobile food establishment permit if the Board of Trustees makes any of the following findings: An imminent threat exists to the health, safety, or welfare of persons or neighboring properties; or
(b) The applicant has violated or currently fails to comply with any condition of its license or permit or with any applicable ordinance, county requirement, or state or federal law.
(2) Effect. Upon revocation of an approval, all activity shall cease immediately, except for work related to securing the site or correcting a violation, as determined by the Fire Chief and/or their designee.
(J) Appeal. Appeals of decisions made in the administration of this chapter shall be heard and decided by the Village Council.
(Ord. 13.05, passed 5-23-22)