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HomeMy WebLinkAbout2015-029 Mobile Food Vendor Licensing; YMC Adding 5.57 ORDINANCE NO. 2015 -029 AN ORDINANCE relating to the regulation of business and licenses in the City of Yakima and adding the following sections of Title 5 of the City of Yakima Municipal Code: 5.57. WHEREAS, the City of Yakima desires to encourage an active mobile food vendor trade and ensure public health and safety; and WHEREAS, the Council Economic Develpoment Committee of the City of Yakima has considered certain amendments to Title 5 of the Yakima Municipal Code pertaining to regulation of business and licenses in the City of Yakima; and WHEREAS, the Council Built Environment Committee of the City of Yakima has considered certain amendments to Title 5 of the Yakima Municipal Code pertaining to regulation of business and licenses in the City of Yakima; and WHEREAS, the Planning Division presented the proposal to the Downtown Association of Yakima on June 24, 2015; and WHEREAS, the Planning Division provided the proposal, in Spanish, to the Hispanic Chamber of Commerce on June 24, 2015; and WHEREAS, the City Council of the City of Yakima considered the proposal during their meeting on August 18, 2015, and remanded the proposal back to the Council Built Environment Committee for further consideration, additional public testimony and potential amendments; and WHEREAS, the Council Built Environment Committee considered the proposal, along with public testimony from Food Vendors and the Yakima Health District during their meeting on August 20, 2015, and directed the Planning Division to amend the proposal to incorporate time restrictions based on the permit levels of the Yakima Health District; and WHEREAS, the City Council of the City of Yakima, having considered the record herein, hereby finds and determines that approval of such amendments is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.57 is hereby added to the City of Yakima Municipal Code to read as follows: 5.57 Mobile Food Vendors 5.57.010 Definitions. "Commissary" means an established commercial kitchen where mobile vendors go to prepare and store food. "Level 1 vendor" means a Level 1 mobile vendor as permitted by the Yakima Health District 1 "Level 2 vendor" means a Level 2 mobile vendor as permitted by the Yakima Health District "Level 3 vendor" means a Level 3 mobile vendor as permitted by the Yakima Health District "Mobile vendor" means a vendor or seller of food from a motorized vehicle or other motorized conveyance upon the public streets, alleys, public property of the city, or upon private property. "Special event" means any event for which a special event permit has been issued pursuant to Chapter 9.70 of this code. "Street vendor" means a vendor selling food or nonalcoholic beverages within a public or private parking lot, pedestrian plaza, sidewalk, or public property using a non - motorized cart or temporary structure. 5.57.020 Mobile and Street Vendor — License Required. 1. No person, firm or corporation shall engage in the business of a mobile vendor without having first obtained a mobile vendor business license pursuant to Chapter 5 of the Yakima Municipal Code. All licenses for mobile and street vendors shall be prominently displayed upon all vehicles, conveyances, or temporary structures from which a mobile or street vendor conducts business. 5.57.030 License Requirements. Any person desiring to operate as a mobile or street vendor shall submit an application which includes the following requirements: 1. The applicant shall obtain approval from all applicable regulating agencies including the Department of Labor and Industries and the Yakima County Health District and provide copies of those approvals at the time of application. 2. Applicant shall submit a written narrative providing answers to the following questions at the time of application: a. When not in operation, a mobile food unit must be stored at an approved servicing area or other approved location. Where do you plan to park the mobile food unit when you are not open for business? WAC 246- 215 - 09100(3) b. The owner of a mobile food unit must submit a plan of operation. Any changes to the plan of operation including but not limited to changes in the menu must be approved by the regulatory authority. The plan of operation should include the following per WAC 246- 215- 09115: a) Menu (may attach a copy) b) What is the location of the site(s) from which you plan to operate the mobile food unit? (Include a site plan and the hours of operation for each site) c) How and where do you dispose of your wastewater? d) What is the method you will use for disposing of cooking grease? e) The person in charge must ensure that the water system on the mobile food unit is supplied from an approved source of water. Where do you plan to fill your water tanks? WAC 246- 215 -09135 f) Where are the restrooms for your employees? WAC 246- 215 -09150 g) What is your cleaning schedule? 2 c. The person in charge of a mobile food unit must ensure all foods, including ice, are from an approved commissary. What is the current business name and address of the approved commissary you plan to use? WAC 246- 215 - 09120(3) d. The permit holder must designate a name for the business and provide it to the regulatory authority and ensure that the name is posted on the mobile food unit in a manner easily visible to customers during the hours of operation. Is your business name posted and easily visible to customers? WAC 246- 215 -09160 e. Any accessory items (i.e. waste receptacles, step stools, etc.) associated with the mobile food unit must be removed from the premises at the end of each work day. Mobile food units shall not use freestanding awnings, canopies, umbrellas, etc.; all such devices shall be permanently attached to the unit and fully supported. Please describe any accessory items you will use: f. The person in charge of a mobile food unit must ensure that only employees and other persons authorized by the regulatory authority are present inside the mobile food unit at any time. 5.57.040 Geographical Restrictions: 1. No mobile vendor license shall include the privilege to conduct the business of a mobile vendor unless the vehicle or conveyance is parked and operated in full compliance with the traffic and sidewalk ordinances of the city as now in effect, or as hereafter amended. It shall be a violation of this chapter for any person selling or offering for sale any article to obstruct or cause to be obstructed the passage of any sidewalk, street, avenue, alley or any other public place, by causing people to congregate at or near the place where any article is being sold or offered for sale. 2. No merchandise will be offered, displayed, or sold, and no customers served, in any vehicle travel lane. 3. No mobile or street vendor shall sell or vend any wares from his vehicle or conveyance within a residential zoning district unless associated with a special event or private catering function. 4. No mobile or street vendor shall sell or vend any wares from his vehicle or conveyance: a. Within three hundred feet of any public or private school grounds during the hours of regular school session, classes, or school related events in the public or private school, except when authorized by the school; or b. Within one hundred feet of the entrance of any business establishment which is open for business offering as a main featured item or items of similar goods for sale; or c. Within one hundred feet of any restaurant, cafe, or eating establishment which is open for business if selling food or food items; or d. In that portion of the public right -of -way abutting private property without the permission of the property owner; or e. Within three hundred feet of any public park of the city or other public space for which a special event permit has been obtained during the course of a public celebration when organizations are permitted to engage in the sale of merchandise and food in such park or public space for a fee, unless the mobile or street vendor obtains written permission from the coordinator of the special event and this written authorization is posted while operating during the special event; or 3 f. The number of mobile or street vendors shall be limited to two per one linear block frontage, provided the one - hundred feet distance restrictions are met, unless a city - approved special event permit site plan authorizes an exception; 5.57.050 Exemptions: A restaurant that is vending on the sidewalk in front of their permenant establishment does not require a permit. 5.57.060 Time Limitations: Mobile Vendors shall adhere to the following time limitation: a. All Level 1 vendors, as permitted by the Yakima Health District, shall leave their Iocation(s) according to their plan of operation b. All Level 2 and Level 3 vendors, as permitted by the Yakima Health District, shall leave their location(s) daily. No Level 2 or Level 3 vendors are permitted to stay at their Iocation(s) overnight. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 15t day of September, 2015. Micah CawI4, Mayor A P ' ST: IldL City Clerk' 'Publication Date: September 18, 26t454G Effective Date: October 18, 2015 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 11. For Meeting of: September 15, 2015 ITEM TITLE: Ordinance Updating Mobile Food Vendor Licensing SUBMITTED BY: Joan Davenport, AICP Community Development Director Robbie Aaron, Assistant Planner SUMMARY EXPLANATION: In order to ensure the public health, welfare and safety of residents and visitors, staff suggests Council update the City's system of permitting and licensing for mobile food vendors. A thorough review of the current practices revealed that we are inconsistent in enforcing the standards and that the permit system had not been updated in years. Enclosed is a report, as well as a recommended update of the Licensing portion of the Municipal Code, which adds a new section to specifically address Mobile Food Vendors. Much of this approach is borrowed from the City of Walla Walla. If adopted, these new rules would apply to all new food vendors and renewal licenses in 2016. Resolution: Ordinance: X Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: z Abvt City Manager RECOMMENDATION: Adopt the ordinance to update the licensing portion of the Municipal Code. ATTACHMENTS: Description Upload Date Type ❑ ordinance 8/27/2015 Coker Memo ❑ Staff Memo on Mobile Food Vendors 8/10/2015 Backup Material 13 mobile N,endor summary 8/27/2015 Coker Memo 13 Table of Mobile Food Vendor Examples 8/10/2015 Backup Material MEMORAND UM TO: Honorable Mayor Cawley and Members of the City Council FROM: Joan Davenport, Director of Community Development Robbie Aaron, Assistant Planner DATE: August 18, 2015 SUBJECT: Mobile Food Vendor Permitting and Ordinance Amendment Nationwide, a growing food trend has been a wide variety of food trucks at public events and on- street. In recent months, the City has received a requests for more diverse and unique eateries. Local examples include wood fired pizza oven, BBQ, sandwiches, hot dogs, Thai food, Indian food, coffee, hamburgers and the traditional taco vendors. These vendors have great potential to support downtown businesses, parks and public events. Yakima Mobile Food Vendor Licenses: In 2014, the City of Yakima issued 20 Business Licenses with a classification of Mobile Food Services. There are currently four different types of applications that address mobile vendors including General Business License, Peddlers License, Special Even Permit and a General Business License for a Mobile Food Unit. The Peddlers License does not specifically deal with food, but it is somewhat unclear. The Mobile Food Unit application requires the applicant to identify the location at which they will be selling, which does not imply a very mobile operation. Our permitting system of mobile food vendors has not kept up with the industry. Food trucks and carts have been considered a transient business with few standards for setup, cleanup, commercial kitchens or other requirements. The Yakima Health Department issues food handlers licenses and inspects restaurants as well as mobile carts. Several existing mobile food vendors were cited for not having current permits. A review of the licensing and permitting in the City of Yakima reveals that existing policies and requirements have not been uniformly enforced. Some updating of the policies occurred in 2012, but enforcement has not been consistent. A total of 17 businesses had current Mobile Food Business Licenses in Yakima. City Code Enforcement staff inventoried all observed mobile food operations and identified several that were not licensed. Many of the mobile food vendors were actually stationary and did not leave their location. Some did not have a licensed commercial kitchen available for food preparation. Many did not have an approved source of potable water or grease handling. Several were parked on parking spaces and did not have safe circulation and parking. Many had unsecured awnings or furniture that were not equipped for wind conditions. Page 1 of 2 Recommended Approach: Business practices in other Washington State cities were reviewed to determine what is required elsewhere. This strategy was largely borrowed from the City of Walla Walla. Divide the permitting and licenses into four distinct situations: 1. Street or sidewalk vendors — these do not use a motorized structure but are located on a public sidewalk or public property. 2. Food Vendor in Public Right of Way — these are motorized vehicles that park on the street 3. Food Vendor on Private Property — these are motorized vehicles that locate on private property, as a temporary point of sales and leave daily. 4. Food Vendor at Special Event — Individual vendors need business and health licenses, but the logistics are handled by the Special Event permit Preliminary Review by Council Committees: In May and June of 2015, city staff presented findings to Downtown Association of Yakima, the City Council Built Environment Committee and the Economic Development Committee. In addition, the Hispanic Chamber of Commerce was provided a copy of the staff research, translated into Spanish, at their request. They did not request a staff presentation. Staff was directed to 1. Remove the proposed 4 -hour limit for street /sidewalk vendors and allow food vendors on private property to set up on grass, as opposed to a paved surface. 2. Proceed with code amendments to incorporate the Administrative Policies into requirements under the Licensing Chapter of the Municipal Code (YMC 5.57, attached), 3. Enforce these policies uniformly and to begin this program in 2016, after all parties have been informed that the rules will be applied uniformly. 4. Create more user friendly brochures about the requirements for Mobile Food Vendors and how to start your own business (underway). Proposed Amendments to License Requirements (YMC 5.57, New Section) This Council item includes a draft ordinance to amend the Licensing chapter of the Yakima Municipal Code that incorporates definitions, standards and requirements to the Mobile Food Vendor. These items are currently part of the Administrative Policy and application process, but not Municipal Code. This is one explanation for why the enforcement has been inconsistent. Page 2 of 2 ii• •"\ -„_ PI CITY n I KIMA Attachment: Mobile Food Vendor Summary g Street Vendor Food Vendor in the Public Right of Way Food Vendor on Private Property Food Vendor at Special Event A mobile vending unit that locates in A mobile vending unit associated with, the public sidewalk or on public A mobile vending unit that locates in the public A mobile vending unit that locates on private Description property using a non - motorized right of way property or within 300 feet of a permitted special temporary structure event • Vendor Permit • Vendor Permit • City Business License • Vendor Permit Approvals / • Home Occupation (if • City Business License • Vendor Permit City Business License • Permits applicable) • Home Occupation (if applicable) City Business License • Home Occupation (if applicable) Required • Right of Way Use Permit (if • Right of Way Use Permit • Home Occupation (if applicable) Right of Way Use Permit (if • Yakima County Health Permit(s) applicable) applicable) • Yakima County Health Permit(s) • Yakima County Health Permit(s) • Yakima County Health Permit(s) • Cannot obstruct Traffic • Not allowed to use ADA parking spaces • Not allowed to use ADA parking spaces • Must have permission from the • Not allowed to use ADA parking • Use of public parking spaces is property owner spaces • Cannot obstruct pedestrian permissible, if paid for and the posted • Staff must have access to restrooms • Must have permission from the traffic time limit is not exceeded • Must have access to event coordinator • Must not be within the • Staff must have access to restrooms Commercial /Cooperative /Shared Staff must have access to Development Clearview Triangle • Must have access to Kitchen restrooms • Standards • No tables & chairs permitted Commercial /Cooperative /Shared Kitchen Cannot be located in the Clearview Must have access to • Must submit Cleanup Plan • Cannot be located in the Clearview Triangle Commercial /Cooperative /Shared • Must meet geographic Triangle • Must submit cleanup plan Kitchen • restrictions of YMC Ch. 5.57. • No tables & chairs permitted Must meet geographic restrictions of • Cannot be located in the • Must submit cleanup plan YMC Ch. 5.57. Clearview Triangle • Must meet geographic restrictions of • Must meet Time Limitations of YMC • Must submit cleanup plan Ch. 5.57 YMC Ch. 5.57. iii ■‘" MI ■tX\ AMM itl&■ Pla ri n i n od Vendor: Required Permits and Approvals Street Vendor Food Vendor in the Public Right of Way Food Vendor on Private Property Food Vendor at Special Event A mobile vending unit that locates in A mobile vending unit associated with or the public sidewalk or on public A mobile vending unit that locates in the public A mobile vending unit that locates on private Description a non - motorized right of adjacent to, but within 300 feet of, a property using g f wa y property y leaves location daily) permitted special event temporary structure • Vendor Permit • Vendor Permit • Vendor Permit • Vendor Permit • City Business License Approvals / • City Business License • City Business License City Business License • Home Occupation (if applicable) • Permits • Home Occupation (if • Home Occupation (if applicable) Home Occupation (if applicable) • Right of Way Use Permit (if • Required applicable) • Right of Way Use Permit • Yakima County Health Permit(s) applicable) • Yakima County Health Permit(s) • Yakima County Health Permit(s) • Yakima County Health Permit(s) • Cannot obstruct Traffic • Not allowed to use ADA parking • • Not allowed to use ADA parking spaces Not allowed to use ADA parking spaces spaces • • Use of public parking spaces is Must have permission from the • Must have permission from the • Cannot obstruct pedestrian permissible, if paid for and the posted property owner event coordinator • Staff must have access to restrooms traffic time limit is not exceeded • Staff must have access to • Must have access to • Must not be within the • Staff must have access to restrooms restrooms Development Clearview Triangle • Must have access to Commercial /Cooperative /Shared • Must have access to Kitchen Standards • No tables & chairs permitted Commercial /Cooperative /Shared Kitchen Commercial /Cooperative /Shared • • Must submit Cleanup Plan • Cannot be located in the Clearview Cannot be located in the Clearview Kitchen Triangle • Must meet geographic Triangle • Cannot be located in the • Must submit cleanup plan restrictions of YMC Ch. 5.57. • No tables & chairs permitted Clearview Triangle • • Must submit cleanup plan Must meet geographic restrictions of • Must submit cleanup plan • Must meet geographic restrictions of YMC Ch. 5.57. • Must meet geographic YMC Ch. 5.57. restrictions of YMC Ch. 5.57.