(A) Purpose. The purpose of this section is to license and regulate the movement, location, business practice and hours of operation of mobile food providers in the city, to reduce vehicular and pedestrian traffic congestion, to promote the safe use of the streets and sidewalks; and, to protect the health, safety, and welfare of the people of the city.
(B) Definition. For the purpose of this section the following definition shall apply unless the context clearly indicates or requires a different meaning.
MOBILE FOOD SERVICE PROVIDER. A motorized vehicle which, upon issuance of a license by the City Clerk and conformance with the regulations under this chapter, may temporarily park upon a public street or in a public parking lot, and engage in the preparation, service, sale or distribution of ready-to-eat food for individual portion service to the general public directly from the vehicle. For the purposes of this section, mobile food vehicle includes a trailer pulled by a motorized vehicle engaged in the preparation, service, sale, or distribution of ready-to-eat food for individual portion service to the general public directly from the trailer; and shall include cookers, grills, smokers or other similar apparatuses. MOBILE FOOD SERVICE PROVIDER shall be considered a transient merchant and will be subject to all transient merchant regulations when operating on private property with the permission of the property owner. MOBILE FOOD SERVICE PROVIDER shall not include a person selling at an art fair, farmers’ market, festival or similar special event at the invitation of the event’s sponsor, if all of the following conditions are met:
(a) The sponsor has obtained a vendor’s license; and
(b) The person provides the sponsor with the person’s sales tax license number.
(C) License requirements. No mobile food service provider may engage in the service, sale, or distribution of food in the city without first obtaining a license from the City Clerk. The City Clerk shall charge an application fee for mobile food service provider licenses. Such licenses shall be subject to the application fee as may be set from time to time by the City Commission and paid in accordance with § 110.08 of this code. Mobile food service provider license fee waived if currently licensed and using truck/trailer as a transient merchant. The City Clerk may annually issue up to 12 mobile food service provider licenses per year.
(D) Regulations.
(1) Mobile food service providers may conduct business in the C-2 Central Business District as defined in § 154.066 as well as on-street parking places on South Main Street from East High Street on the north to East Bellows Street on the south. Mobile food service providers may not conduct business in any other area of the city.
(2) Mobile food service providers may conduct business only between the hours of 8:00 p.m. and 3:00 a.m. Mobile food service providers shall not conduct business at any other time.
(3) Mobile food service providers may conduct business in on-street parking places and public parking lots during the permitted hours of operation. While conducting business, mobile food service providers shall operate in such a manner so as not to interfere with pedestrian or vehicular traffic. If directed by city staff or public safety personnel for snow plows or in response to emergency situations, mobile food service providers shall promptly relocate.
(4) Mobile food service providers shall serve customers only on the curb, lawn, or sidewalk side of the mobile food service vehicle while parked in on-street parking spaces. Mobile food service providers shall not provide food service in any right-of-way. Mobile food service providers may serve customers only when parked.
(5) If operating on sidewalks or while parked on city streets or in public parking lots, mobile food service providers shall not supply or provide tables and chairs, booths, stools, benches, tents, or other similar dining area for customers.
(6) Mobile food service providers shall provide adequate dining utensils as reasonably necessary for its customers. Mobile food service providers shall place a trash receptacle outside the mobile food service vehicle which shall be emptied and disposed of off- site by the mobile food service provider each day. The mobile food service provider shall keep the area in which it operates clean, sightly, and free of trash. Mobile food service providers shall be completely self-contained, and are prohibited from utilizing any city electrical outlets, water from city hydrants, and disposing of liquid wastes, including but not limited to grease, into storm or sanitary sewers.
(7) Mobile food service providers shall not be parked on the street, or in public parking lots in which they intend to provide service overnight or left unattended and unsecured at any time food is in the vehicle.
(8) Mobile food service providers shall comply at all times with all city nuisance regulations as provided in Chapter 96 of this code.
(9) Mobile food service providers shall not be located within 150 feet of a permanent business with a food license during the business’s hours of operation.
(10) A license is valid only for each individual vehicle or trailer operated by a mobile food service provider and shall not be transferred among vehicles or trailers.
(11) Mobile food service providers shall present a valid license for inspection or examination when requested by any City Public Safety Officer or city official.
(12) Applicants for a mobile food service providers license who are selling, or offering to sell food, owned by themselves, who furnish to the City Clerk, with all other license application materials, proof of an honorable discharge from the armed services and a copy of a license issued pursuant to 1921 PA 359, as amended, M.C.L.A. §§ 35.441 through 35.443, shall not be required to pay the annual license fee.
(13) Mobile food service providers shall comply with all applicable law, rules, regulations and licensing or permit requirements including, but not limited to those issued by the Isabella County Health Department or the Michigan Department of Agriculture and Rural Development or its successor agency, the Michigan Secretary of State, the Michigan Liquor Control Code, and any other agency with licensing or regulatory jurisdiction over the mobile food service provider.
(14) Mobile food service providers shall not offer or advertise the offering of beer, wine, or other alcoholic beverages.
(E) License revocation or suspension. Any mobile food service provider that violates any provision of this section may, in addition to any other penalties, have its license suspended or revoked as provided by § 110.04 of this code.
(Ord. 982, passed 10-14-13; Am. Ord. 990, passed 10-13-14)