A. Purpose: Food and beverage vendors are permitted to operate on private property or on public property if city policy allows such, outside of community wide events or private catering contracts upon issuance of a vendor permit. Vendor operations are temporary in nature and provide a unique service to the community by providing affordable food and/or beverages to go and by helping incubate small businesses. Vendor locations are restricted to those zoning designations where listed as a permitted use as specified within chapter 2 of this title.
B. Vendor Standards: Vendors operating outside of a community wide or special event are limited to food and beverage sales only with the exception of seasonal uses such as produce stands, fireworks stands and Christmas tree lots administered under temporary uses. Conditions of approval for food vendor operations include:
1. Payment of a permit fee as established by the city council.
2. A vendor application must be submitted with a "to scale" site plan showing the proposed location of the cart or trailer in relation to the property lines, existing buildings, existing parking lots and sidewalks.
3. Proof that all setbacks will be met and that the vendor's structure and activity will not affect the required parking of the primary use of the property.
4. Signs advertising the activities or menus of vendors must be attached to the surface of the cart or sales facility. Such signs must be unlighted. Temporary signs, banners or flags are not permitted, with the exception that one portable "A-frame" or menu sign is permitted per site in the Old Town Sign District downtown provided it meets the requirements of 11-5-6-2-A-6.
5. All vendors must have their method of providing sewer and water service approved by the Flathead city-county health department, where appropriate, and the Whitefish building official and the Whitefish zoning administrator.
6. No temporary or permanent water, sanitary sewer or storm drainage connections are permitted from vendor operations/vehicles to public or private utility systems.
7. All vendors must have their method of providing electricity from a generator or an electrical outlet via a portable cord that is in conformance with the electrical code as adopted by the city of Whitefish.
a. Electrical lines are not allowed overhead or lying on a sidewalk.
b. The outlet location must be placed outside the walkways which are accessible to public and private use.
c. Length of electrical hookup must be within fifteen feet (15') of the stand.
d. No extension cords will be allowed.
e. Hookup must be permanently wired to the retail stand and meet national electrical code requirements as to type, size and grounding, terminating in an approved outside weatherproof type receptacle. An electrical permit is required for new connections.
f. Each vendor stand or trailer must have a fire and building code inspection prior to issuance of a permit.
g. All vendors using propane inside a trailer or food truck must have an operational propane gas detector located inside at all times.
8. All vendors engaged in the sale of food must have a valid Flathead city-county food service permit and must comply with all applicable laws, rules and regulations regarding food handling and preparation. All vehicles used for the sale of food by mobile vendors must comply with all the laws, rules and regulations respecting such vehicles, and the appearance of such will be reviewed by the zoning administrator prior to issuance of a permit.
9. A drive-through is not permitted in conjunction with a vendor.
10. Vendors must not operate in public rights of way, public parking spaces, driveways or fire lanes or within fifteen feet (15') of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp unless otherwise authorized by the city manager or public works director.
11. All facilities and equipment used by vendors must be portable. This requirement is deemed met if setup time does not exceed thirty (30) minutes.
12. Proof of property owner permission is required.
13. A five (5) pound ABC fire extinguisher is required if a heating or cooking appliance is used by the vendor.
14. Proof of an insurance policy, issued by an insurance company licensed to do business in the State of Montana:
a. For public liability insurance in an amount of not less than five hundred thousand dollars ($500,000.00) for injuries, including those resulting in death, resulting from any one occurrence, and on account of any one accident; and
b. Property damage insurance in an amount of not less than twenty-five thousand dollars ($25,000.00) for damages on account of any one accident or occurrence.
15. Proof of permission for employees to use restroom facilities nearby.
C. Prohibited Conduct: No vendor will:
1. Leave any stand unattended or store, park or leave any stand overnight, unless approved as a food vendor court with an approved administrative conditional use permit for multiple food vendors on one site;
2. Sell food or beverages for immediate consumption unless he or she has available for public use a garbage can maintained by the vendor within ten feet (10') of the service window;
3. Leave any location without first picking, removing and disposing of all trash or refuse remaining from sales made by the vendor.
D. Vendor Permit Process:
1. Upon receipt of a completed application that meets all requirements of this section and any associated fees, and verification that a city business registration has been obtained, the Zoning Administrator may grant a one year permit for operations. If the applicant complies with all standards associated with the approved permit, State law and City ordinances, the Zoning Administrator may renew the permit at the request of the applicant. If there is a valid complaint that the vendor does not meet one or more of the standards outlined in this section, the Zoning Administrator may, at his own discretion or at the direction of the City Council, cancel the permit and/or deny any renewals. A vendor may appeal that decision in writing, and in such cases a hearing before the City Council will be scheduled on the renewal. The decision of the City Council will be final.
2. All vendor permits may be approved in writing through the granting of a vendor permit by the Zoning Administrator on a case-by-case basis. Additional conditions may be imposed on the use in order to promote neighborhood compatibility or to mitigate health and safety issues.
3. Vendor operations are limited to one per lot unless otherwise approved as a food vendor court through the administrative conditional use permit process outlined in section 11-7-8 of this title.
(Ord. 14-02, 3-17-2014; amd. Ord. 23-28, 11-20-2023)