Publisher's Note: This Section has been AMENDED by new legislation (Ord. 23-28
). The text of the amendment will be incorporated below when the ordinance is codified.
A. Purpose: Food 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 to go and by helping incubate small businesses. Businesses with permanent locations are an integral part of the local economy. To limit competition for brick and mortar businesses, the hours of operation and number of food vendors allowed in each zoning district is restricted. 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 shall be 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 vendor operations shall include:
1. Payment of a permit fee as established by the city council.
2. No seating or other customer service.
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 of vendors shall be attached to the surface of the cart or sales facility. Such signs shall be unlighted. Maximum allowable signage shall be twenty (20) square feet. Sidewalk or sandwich board signs and banners are not permitted.
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.
f. Each vendor stand/location shall require an electrical permit unless previously approved, and will require inspection prior to the operation of the stand.
8. All vendors engaged in the sale of food must have a valid Flathead city-county food service permit and shall comply with all applicable laws, rules and regulations regarding food handling and preparation. All vehicles used for the sale of food by mobile vendors shall comply with all the laws, rules and regulations respecting such vehicles, and the appearance of such shall be approved by the zoning administrator prior to issuance of a permit.
9. A drive-through is not permitted in conjunction with a vendor.
10. Vendors shall 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.
11. All facilities and equipment used by vendors shall be portable. This requirement shall be deemed met if setup time does not exceed thirty (30) minutes.
12. Vendors shall not operate more than six (6) consecutive hours per day. An additional hour is allowed for setup and take down for a maximum time allowed on any property of seven (7) hours. In no case shall a vendor stand or equipment be on a property beyond three o'clock (3:00) A.M.
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: 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 shall:
1. Leave any stand unattended;
2. Store, park or leave any stand overnight;
3. Sell food or beverages for immediate consumption unless he or she has available for public use a public litter receptacle which is available for patrons' use;
4. 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, the Zoning Administrator may grant a one year permit for operations. Upon receipt of a Flathead County certified property owner list from the applicant, the Zoning Administrator shall notify all property owners within one hundred fifty feet (150') of the pending permit. A public notice of the vendor permit shall be placed in a newspaper of general circulation no less than fourteen (14) days before the effective date of the permit. If the applicant complies with all standards associated with the approved permit, State law and City ordinances, has not generated any adverse traffic or safety problems, maintained the structure in good repair, and kept the premises clean and orderly, the Zoning Administrator may administratively renew the permit without notification 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 shall be scheduled on the renewal. The decision of the City Council shall be final.
2. All vendor permits shall be approved in writing through the granting of a vendor permit by the Zoning Administrator on a case by case basis. At his discretion, conditions, in addition to those included in this section, may be imposed on the use in order to promote neighborhood compatibility or to mitigate health and safety issues.
3. A list of items to be sold by the vendor must be submitted for review prior to issuance of a permit. Only those items listed on the permit shall be authorized to be sold. In approving the list of items authorized for sale the Zoning Administrator shall be guided by City Council policy, and by the impact on safety and the cleanliness of the area.
4. Food vendor permits are limited to ten (10) total, no more than five (5) in any one zoning district. The Zoning Administrator shall determine the allowable number of street vendors and shall exercise this discretion based upon the needs of the public, diversity of products offered for sale, the smooth flow of pedestrian and vehicular traffic and other similar considerations. If the Zoning Administrator determines there are significantly more applicants than available permits in a specific area, he/she shall have the authority to create a lottery system designed to fairly distribute the available vending licenses. Vendor operations shall be limited to one per lot unless otherwise approved through the conditional use permit process outlined in section 11-7-8 of this title. (Ord. 14-02, 3-17-2014)