[Added by Ord. No. 2016-02, 1-5-2016]
This article shall be known and cited as the "Mobile Food Unit
Ordinance" of the Charter Township of Meridian.
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Vending, serving, or offering for sale food and/or beverages
from a mobile food vending unit.
Any motorized or nonmotorized vehicle, trailer, stand, cart,
or other device designed to be portable and not permanently attached
to the ground, from which food is vended, served, or offered for sale.
All activities associated with the conduct of business, including
setup and take down and/or actual hours where the mobile food vending
unit is open for business.
Any individual engaged in the business of mobile food vending;
if more than one individual is operating a motorized or nonmotorized
vehicle, trailer, stand, cart, or other device designed to be portable,
then "vendor" shall mean all individuals operating such motorized
or nonmotorized vehicle, trailer, stand, cart, or other device designed
to be portable.
In the interest of allowing and encouraging mobile food units
that add to the vibrancy and desirability of Meridian Township, while
providing a framework under which such businesses operate.
[Amended by Ord. No. 2017-02, 1-17-2017]
Mobile food vending shall be permitted in the C-1 (Commercial),
C-2 (Commercial), C-3 (Commercial), CR (Commercial Recreation), RP
(Research Park), PO (Professional and Office), and I (Industrial)
zoning districts.
No vendor shall engage in mobile food vending without a license issued by the Director of Community Planning and Development authorizing the vending. All licenses shall be prominently displayed on the mobile food vending unit. No vending by a mobile food vending unit of food and/or other consumables shall be permitted unless it meets the definition of "mobile food vending" as defined by this article and complies with all terms and conditions of Article IV, Division 3.
Mobile food vending occurring at the Meridian Township Farmers'
Market or in conjunction with a Township-sponsored event is exempt
from the license requirement. Written permission from the Director
of Community Planning and Development to operate at the Farmers' Market
or Township-sponsored event is required.
Licenses may be issued by the Director of Community Planning
and Development for a period of 120 days from the date of issuance.
The license may be renewed by a vendor in good standing. Any license
issued under this article is nontransferable between vendors, properties,
and mobile food vending units.
A vendor desiring to engage in mobile food vending shall submit
an application to the Department of Community Planning and Development.
No application shall be processed until it is complete.
(1)
A mobile food vending application form available in the Department
of Community Planning and Development containing the following information:
(a)
The applicant's name, address, phone number, and e-mail.
(b)
The address and/or parcel number of the property where the mobile
food vending unit will be located.
(c)
The name, address, phone number, and e-mail of the party responsible
for operating the mobile food vending unit, if different from the
applicant.
(d)
Written permission from the owner of the property on which the
vending will occur.
(e)
A site plan, drawn to a legible scale, showing the location
of the mobile food vending unit, existing buildings, parking, streets,
driveways, and sidewalks.
(f)
Zoning of the subject property.
(g)
Any license, permit, or authorization required by any other
ordinance, statute, or administrative rule.
(h)
Other information the Director of Community Planning and Development
deems necessary to thoroughly evaluate the application.
An application for a permit under this Division 3 shall be accompanied
by a fee in the amount established in the schedule of fees adopted
by the Township Board. There shall be no proration of fees. Fees are
nonrefundable once a license is issued by the Director of Community
Planning and Development.
Prior to issuance of a mobile food vending license, an applicant
shall submit evidence of a license issued by the Ingham County Health
Department or any other relevant agencies to engage in mobile food
vending.
A mobile food vending unit shall be set back a minimum of 10
feet from any property line, street right-of-way line, structure,
or other mobile food vending unit.
One nonilluminated, freestanding, portable sign that is no more
than three feet in height and six square feet or less in surface display
area per side may be used by a mobile food vending unit. Under no
circumstances shall such sign be placed upon a sidewalk or pathway
or impede pedestrian and vehicle safety.
Any persons engaging in mobile food vending shall comply with
the following requirements:
(1)
A waste receptacle and a recycling bin shall be provided at the site
of the mobile food vending unit. The vendor shall remove all litter,
debris, and other waste attributable to the operation as needed or
at least on a daily basis.
(2)
Products shall not be displayed outside the mobile food vending unit.
(3)
Mobile food vending may only occur between the hours of 6:00 a.m.
to 11:00 p.m., seven days a week.
(4)
Outdoor seating, including but not limited to tables, chairs, booths,
stools, benches, or stand-up counters, shall be subject to the approval
of the Director of Community Planning and Development.
(5)
No banners, streamers, flags, flashing lights, blinking lights, or
strobe lights shall be permitted on the mobile food vending unit or
on the portion of the site where the mobile food vending unit is parked,
unless expressly allowed elsewhere in the Code of Ordinances.
(6)
All exterior lighting associated with the mobile food vending unit,
whether on the mobile food vending unit itself or placed on the site
where the mobile food vending is occurring, shall be shielded to direct
the illumination downward.
(7)
A mobile food vending unit shall not make or cause to be made any
unreasonable or excessive noise. The operation of all mobile food
vending units shall be in compliance with the Township Noise Ordinance,
including generators. No loud music, other high-decibel sounds, horns,
or amplified announcements are allowed.
(8)
The vendor shall not utilize any electricity or power without the
prior written authorization of the power customer; power cables or
similar devices shall not be extended across any street, alley, sidewalk,
or pathway.
(9)
A mobile food vending unit, when parked on a street, alley, or roadway,
shall be parked in conformance with applicable parking regulations
and shall not hinder the lawful parking or operation of other vehicles.
(10)
The mobile food vending unit shall not be located so as to block
a public sidewalk or pathway, designated fire lane, or otherwise impede
pedestrian or vehicular movement.
The Director of Community Planning and Development shall revoke
the license of any vendor who ceases to meet any requirement of this
article or violates any other federal, state, or local regulation,
makes a false statement on their application, or conducts activity
in a manner that is adverse to the protection of the public health,
safety, and welfare. Immediately upon such revocation, the Director
shall provide written notice to the permit holder by certified mail
to their place of business or residence as indicated on the application.
Immediately upon such revocation, the permit shall become null and
void.
Any person aggrieved by an order, requirement, decision or determination
of the Director of Community Planning and Development as it relates
to this article may appeal to the Township Board in accordance with
the following procedure:
(1)
A written statement containing the specific reason for the appeal
must be filed with the Township Clerk within 15 calendar days of the
date of the decision sought to be appealed.
(2)
The Township Board shall hold a hearing on the appeal, which shall
be open to public comment and shall include an opportunity for the
appealing party to present their appeal.
(3)
Notice of the time and place for consideration of an appeal shall
be sent by mail or personal delivery not less than 10 calendar days
prior to the date of the hearing to the parties making the appeal.
All notices shall be sent to addresses listed on the most-recent assessment
roll.
(4)
The Township Board shall issue its decision on the appeal within
a reasonable time. In its determination of the appeal, the Township
Board may take, but is not limited to, any of the following actions:
(a)
Affirm the decision of the Director of Community Planning and
Development with or without modification and with or without such
conditions as the Board deems necessary or appropriate to further
the intent and purposes of this article.
(b)
Reverse the decision of the Director of Community Planning and
Development and state its reasons for reversal.
(c)
Make any other decision, determination, order, or requirement
that the Director of Community Planning and Development could have
made with respect to the subject matter of the appeal.
(5)
The Township Clerk shall notify the parties making the request in
writing of the Township Board's decision.
A person who violates any provision of this article is responsible for a municipal civil infraction, subject to payment of a civil fine of $75, plus costs, including all direct and indirect expenses incurred by the Township in connection with the municipal civil infraction as provided in § 1-8 of the Township Code of Ordinances. Repeat offenses under this article shall be subject to increased fines as provided by § 1-8 of this Code. As to violations of this article that are continuous with respect to time, each day that the violation continues is a separate offense. Abatements shall not be considered as payment or part of a violation's penalty. In addition to all other remedies, including the penalties provided in this article, the Township may commence and prosecute appropriate actions in the county circuit court or any other court having jurisdiction to restrain or prevent any noncompliance with or violation of any of the provisions of this article or to correct, remedy, or abate such noncompliance or violation.
