HomeMy WebLinkAbout09/15/2015 11 Mobile Food Vendor Licensing; YMC Adding 5.57nun 11,1:1141r10
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:
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Funding Source/Fiscal Impact:
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Insurance Required? No
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APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
Adopt the ordinance to update the licensing portion of the Municipal Code.
ATTACHMENTS:
Description Upload Date
ordnance 8/27/2015
DI Staff Memo on IMabliIle Food Vendors 8/10/.2015
\endor summary 8/27/2015
DI Table of lobi lle IFcxxi VendorExamplles 8/10/.2015
Type
Cover Memo
Backup Material
Cover Memo
Backup Material
AN ORDINANCE
ORDINANCE NO. 2015 -
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
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"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?
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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
location(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
location(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 day of
August, 2015.
ATTEST:
City Clerk
Publication Date:
Effective Date:
Micah Cawley, Mayor
4
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
CITY QF VAKt
Attachment: Mobile Food Vendor Summary
Street Vendor
Food Vendor in the Public Right of Way
Food Vendor on Private Property
Food Vendor at Special Event
Description
A mobile vending unit that locates in
the public sidewalk or on public
property using a non -motorized
temporary structure
A mobile vending unit that locates in the public
right of way
A mobile vending unit that locates on private
property
A mobile vending unit associated with,
or within 300 feet of a permitted special
event
Approvals /
Permits
Required
• Vendor Permit
• City Business License
• Home Occupation (if
applicable)
• Right of Way Use Permit (if
applicable)
• Yakima County Health Permit(s)
• Vendor Permit
• City Business License
Home Occupation (if applicable)
• Right of Way Use Permit
• Yakima County Health Permit(s)
• Vendor Permit
• City Business License
• Home Occupation (if applicable)
• Yakima County Health Permit(s)
• Vendor Permit
City Business License
• Home Occupation (if applicable)
Right of Way Use Permit (if
applicable)
• Yakima County Health Permit(s)
Development
Standards
• Cannot obstruct pedestrian
traffic
• Must not be within the
Clearview Triangle
• No tables & chairs permitted
• Must submit Cleanup Plan
• Must meet geographic
restrictions of YMC Ch. 5.57.
• Cannot obstruct Traffic
• Not allowed to use ADA parking spaces
• Use of public parking spaces is
permissible, if paid for and the posted
time limit is not exceeded
• Staff must have access to restrooms
• Must have access to
Commercial/Cooperative/Shared Kitchen
• Cannot be located in the Clearview
Triangle
• No tables & chairs permitted
• Must submit cleanup plan
• Must meet geographic restrictions of
YMC Ch. 5.57.
• Not allowed to use ADA parking spaces
• Must have permission from the
property owner
• Staff must have access to restrooms
• Must have access to
Commercial/Cooperative/Shared
Kitchen
• Cannot be located in the Clearview
Triangle
• Must submit cleanup plan
• Must meet geographic restrictions of
YMC Ch. 5.57.
• Must meet Time Limitations of YMC
Ch. 5.57
• Not allowed to use ADA parking
spaces
• Must have permission from the
event coordinator
Staff must have access to
restrooms
Must have access to
Commercial/Cooperative/Shared
Kitchen
• Cannot be located in the
Clearview Triangle
• Must submit cleanup plan
#1,11 1‘1.X
Vendor: qppReuired Permits and Arovals
pITFoY(Fod
Street Vendor
Food Vendor in the Public Right of Way
Food Vendor on Private Property
Food Vendor at Special Event
Description
A mobile vending unit that locates in
the public sidewalk or on public
property usina non -motorized
temporary structure
A mobile vending unit that locates in the public
right of way
A mobile vending unit that locates on private
property (leaves location daily)
A mobile vending unit associated with or
adjacent to, but within 300 feet of, a
permitted special event
Approvals /
Permits
Required
• Vendor Permit
• City Business License
• Home Occupation (if
applicable)
• Yakima County Health Permit(s)
• Vendor Permit
• City Business License•
• Home Occupation (if applicable)•
• Right of Way Use Permit
• Yakima County Health Permit(s)
• Vendor Permit
City Business License
Home Occupation (if applicable)
• Yakima County Health Permit(s)
• Vendor Permit
• City Business License
• Home Occupation (if applicable)
• Right of Way Use Permit (if
applicable)
• Yakima County Health Permit(s)
Development
Standards
• Cannot obstruct pedestrian
traffic
• Must not be within the
Clearview Triangle
• No tables & chairs permitted
• Must submit Cleanup Plan
• Must meet geographic
restrictions of YMC Ch. 5.57.
• Cannot obstruct Traffic
• Not allowed to use ADA parking spaces
• Use of public parking spaces is
permissible, if paid for and the posted
time limit is not exceeded
• Staff must have access to restrooms
• Must have access to
Commercial/Cooperative/Shared Kitchen
• Cannot be located in the Clearview
Triangle
• No tables & chairs permitted
• Must submit cleanup plan
• Must meet geographic restrictions of
YMC Ch. 5.57.
• Not allowed to use ADA parking spaces
• Must have permission from the
property owner
• Staff must have access to restrooms
• Must have access to
Commercial/Cooperative/Shared
Kitchen
• Cannot be located in the Clearview
Triangle
• Must submit cleanup plan
• Must meet geographic restrictions of
YMC Ch. 5.57.
• Not allowed to use ADA parking
spaces
• Must have permission from the
event coordinator
• Staff must have access to
restrooms
• Must have access to
Commercial/Cooperative/Shared
Kitchen
• Cannot be located in the
Clearview Triangle
• Must submit cleanup plan
• Must meet geographic
restrictions of YMC Ch. 5.57.