[Adopted 1-21-2020 by Ord. No. 2001[1]]
[1]
Editor's Note: This ordinance superseded former Art. IV, Mobile Food Vehicle Vendors, adopted 8-20-2012 by Ord. No. 1901
This article may be referred to as the "City of Kalamazoo Mobile Food Business Ordinance."
As used in this article, the following terms shall have the meanings indicated:
MOBILE FOOD BUSINESS
Any motorized or nonmotorized vehicle, trailer, or other device designed to be portable and not permanently attached to the ground that is designed and equipped to serve food and/or beverages.
MOBILE FOOD BUSINESS VENDOR
The registered owner of a mobile food business or the owner's agent or employee; and referred to in this article as "vendor."
The provisions of this article apply to mobile food business engaged in the business of cooking, preparing and distributing food or beverages with or without charge on public or private property. This article does not apply to vehicles which dispense food by moving from place to place and are stationary for no more than 15 minutes at a time, such as ice cream trucks or food vending pushcarts.
A. 
It is unlawful for any person, including any religious, charitable or nonprofit organization, to operate within the City a mobile food business without having obtained from the City Clerk a license for that purpose.
B. 
A person desiring to operate a mobile food vehicle shall make written application for such license to the City Clerk. The application for a license shall be on forms provided by the City Clerk and shall include the following:
(1) 
Name, signature, phone number, email contact and business address of the applicant.
(2) 
Date of food truck inspection by the City of Kalamazoo Fire Marshal or a reciprocal agency (attach copy of approval certificate).
(3) 
Information on each vehicle, trailer, or other device, to include year, make, model, and vehicle identification number of the vehicle, vehicle or trailer registration plate number, and its dimensions, used by the mobile food business.
(4) 
Information setting forth the proposed plans for power access, water supply and wastewater disposal.
(5) 
Copies of all necessary licenses or permits issued by the Kalamazoo County Health Department.
(6) 
Insurance coverage:
(a) 
Proof of a general comprehensive liability policy with limits of no less than $1,000,000 combined single limit coverage issued by an insurer licensed to do business in this state and which names the City as an additional insured.
(b) 
Proof of a public liability and property damage motor vehicle policy with limits of no less than $1,000,000 issued by an insurer licensed to do business in this state.
C. 
An annual fee as set from time to time by the City Commission is required with the application.
D. 
A mobile food business license is required annually. Licenses are valid January 1 to December 31 of each year.
E. 
A license issued under this article shall not be transferable from person to person.
F. 
A license is valid for one business only and shall not be transferred between businesses.
A. 
Permitted areas of operation. No operator of a mobile food business shall park, stand or move a vehicle or trailer and conduct business within areas of the City where the vendor has not been authorized to operate. The City Commission shall, by resolution, identify those streets and public areas where parking by a mobile food business is permitted.
B. 
Mobile food business vehicle size. A vehicle or trailer shall not exceed 36 feet in length and nine feet in width. Trailers are required to be detached from tow vehicle.
C. 
Service window location. Food and beverage service shall be conducted from the side of the truck that faces a curb, lawn or sidewalk when parked. No food service shall be provided on the driving-lane side of the truck. No food shall be actively prepared, sold, or displayed outside of a mobile food business.
D. 
Dining area. No mobile food business vendor shall provide or allow any dining area within 10 feet of the mobile food business, including but not limited to tables and chairs, booths, stools, benches or stand-up counters or within the public right-of-way, including but not limited to sidewalks.
E. 
Waste management. All mobile food business vendors shall offer a waste container for public use, which the vendor shall empty at its own expense. All trash and garbage originating from the operation of mobile food vehicles shall be collected and disposed of off site by the operators each day. Spills of food or food by-products shall be cleaned up, and no dumping of gray water on the streets is allowed.
F. 
Noise. The operation of all mobile food businesses shall meet the City Noise Ordinance,[1] including generators. No loud music, other high-decibel sounds, horns, or amplified announcements are allowed.
[1]
Editor's Note: See Ch. 21, Nuisances, Art. II, Noise.
G. 
Signage. Signage is allowed on the mobile food business. Additionally, one auxiliary sandwich board sign not more than six square feet in area and up to three feet in height is permitted. The auxiliary sign shall not be placed in vehicle travel lanes and must be located to allow at least five feet of clear pedestrian pathway.
H. 
Lighting. No flashing or blinking lights, or strobe lights, are allowed on mobile food business or related signage when the vehicle is parked and engaged in serving customers. All exterior lights with over 60 watts shall contain opaque hood shields to direct the illumination downward.
I. 
Unattended business. No mobile food business shall be left unattended and unsecured at any time food is in the vehicle. Any mobile food business found to be unattended shall be considered a public safety hazard and may be ticketed and or towed at the owner's expense.
J. 
Distance requirements from special event. A vendor shall not operate a mobile food business within 500 feet of any fair, festival, special event or civic event that is licensed or sanctioned by the City unless the vendor has obtained permission from the event sponsor.
K. 
Parking. The issuance of a mobile food business license does not grant or entitle the vendor to the exclusive use of any service route or parking space to the license holder. When parked on public streets, a mobile food business shall be parked in conformance with all applicable parking restrictions and shall not hinder the lawful parking or operation of other vehicles.
L. 
Private property. A mobile food business may operate on private property only with owner consent and in compliance with the City Zoning Code.
M. 
Awning/signage clearance. When extended, awnings for mobile food vehicles shall have a minimum clearance of seven feet between the ground level and the lowest point of the awning or support structure.
N. 
Utilities. Any power required for the operation of a mobile food business located on a public way shall be self-contained, and a mobile food business shall not use utilities drawn from the public right-of-way. A mobile food business on private property may use electrical power from the property being occupied or an adjacent property, but only when the property owner provides written consent to do so. Otherwise, all power sources must be self-contained. No power cable or other equipment may be extended at or across any City street, alley or sidewalk.
O. 
Separation distance from restaurants. Mobile food businesses shall not be parked within 150 feet of an existing brick-and-mortar restaurant during the hours when such restaurant is open to the public for business.
A. 
Violation; fines. Any license holder operating a mobile food business in violation of any provision of this article or any rules and regulations promulgated by the City is responsible for a municipal civil infraction and is subject to a civil fine of $250 per day. Each day of violation shall constitute a separate and distinct offense.
B. 
License is revocable. Once a license has been issued, it may be revoked, suspended or not renewed by the City Clerk for failure to comply with the provisions of this article and any rules or regulations promulgated by the City.