[Adopted by the Mayor and City Council of the City of Monroe 7-5-2016 by Ord. No. 16-005. Amendments noted where applicable.]
In the interest of encouraging mobile food vendors who add to the vibrancy and desirability of the City of Monroe, while providing a framework under which such businesses operate, this chapter is established.
As used in this chapter, the following terms shall have the meanings indicated:
- FOOD TRUCK
- A self-contained, motorized vehicle, identified generically as a "mobile food vending unit," which is used for the preparation and distribution or sale of food.
- MOBILE FOOD VENDING
- Vending, serving, or offering for sale food and/or beverages from a mobile food vending unit which meets the definition of a "food service establishment" under Public Act 92 of 2000, and which may include the ancillary sales of branded items consistent with the food or vendor, such as a tee shirt that bears the name of the company, restaurant or organization engaged in mobile food vending.
- MOBILE FOOD VENDING UNIT
- Any motorized or nonmotorized vehicle, trailer, food truck, or other device designed to be portable and not permanently attached to the ground from which food is vended, served, or offered for sale.
- Any individual, company, restaurant or organization engaged in the business of mobile food vending; if more than one individual is operating a single cart, food truck, or other means of conveyance, then "vendor" shall mean all individuals operating such means of conveying food.
- All activities associated with the conduct of business, including setup and takedown and/or hours of operation and locations where the mobile food vending units are allowed to be open for business.
No vendor shall engage in mobile food vending without a permit issued by City of Monroe Clerk/Treasurer's office authorizing such vending. The Monroe City Council shall prescribe the form of such permits and the application for such permits.
All permits shall be prominently displayed on the mobile food vending unit. A permit for vending shall not be issued by the Clerk/Treasurer's office unless the vending unit meets the definitions of "mobile food vending" and "mobile food vending unit" and operates in the locations or areas defined by this chapter.
A vendor who has applied for and received a permit to operate a food truck or mobile food vending unit under this chapter does not have to also apply for and receive a permit to operate under the City of Monroe's Hawkers, Peddlers and Transient Merchants Ordinance (Chapter 374 of the Monroe Code).
Permits issued by the City of Monroe Clerk/Treasurer's office shall be valid only for the calendar year in which they are issued and for the mobile food vending unit identified on the permit. Any permit issued under this chapter is nontransferable from vendor to vendor or from food truck/mobile food vending unit to food truck/mobile food vending unit.
Any vendor desiring to operate a food truck or engage in mobile food vending in the City of Monroe shall submit a completed application to the City of Monroe Clerk/Treasurer's office and receive a permit issued by that office.
The applicant shall truthfully state, in full, all information requested on the application for permit issued by the City of Monroe Clerk/Treasurer's office. Additionally, the applicant shall provide all documentation, such as insurance, as required by this chapter or the City of Monroe. The application for a permit shall be accompanied by a fee as defined in this chapter.
A single-event application is also available from the City of Monroe Clerk/Treasurer's office for vendors wishing to operate a food truck or mobile food vending unit during a City-sponsored or City-endorsed special event or to operate at a public or private event held on public property or in a public park. The application for a permit shall be accompanied by a fee as defined in this chapter.
An application for a permit shall be accompanied by a fee in the amount established by resolution by the Monroe City Council. Permits shall only be for the calendar year in which the permit is issued. There shall be no proration of fees. Fees are nonrefundable once a permit has been issued by the Clerk/Treasurer's Office.
Any vendor engaging in mobile food vending shall comply with the following requirements.
Food trucks/mobile food vending units shall only operate in districts zoned C-O, CBD, C-1, C-2, I-1, I-2, PROS, Waterfront Commercial, or Planned Unit Development Districts, or other districts approved by the Monroe City Council.
Vendors shall not operate on City-owned property or on public streets without prior authorization and approval of the City Clerk/Treasurer's office. No food service shall be allowed on the driving lane side of the mobile food vending unit. If operating on a private street, the customer service area for mobile food vending units shall be on the curb lawn or sidewalk when parked.
No food shall be sold, prepared or displayed outside of the food truck or mobile food vending unit while on the location noted on the permit.
Vendors shall provide appropriate waste receptacles at the site of the unit and remove all litter, debris and other wastes attributable to the vendor and/or customers on a daily basis.
Vendors shall not use any flashing, blinking or strobe lights or similar effects to draw attention to the food truck or mobile food vending unit; all exterior lights over 60 watts shall contain opaque hood shields to direct the illumination downward.
Vendors shall not use loud music, amplification devices or crying out or any other audible methods to gain attention which causes a disruption or safety hazard as determined by the City of Monroe
There shall be no signage used by vendors except for what is allowed on the vehicle, food truck or mobile food vending unit itself.
Mobile food vending units shall not be parked and operating from 7:00 a.m. to 5:00 p.m. in the following areas: Front Street from Cass Street (on the west) to South Macomb Street (on the east); and Washington Street from Loranger Square (on the south) to East Front Street (on the north).
Vendors are prohibited from locating, placing, or putting personal property outside of the food truck, including but not limited to dining furniture, fixtures, and equipment.
No vendor shall utilize any electricity or power without the prior written authorization of the power customer; no power cable or similar device shall be extended at or across any street or sidewalk except in a safe manner. If unit is not self-contained and requires electric service, a permit issued by the City of Monroe Building Department is required.
Vendors shall comply with all applicable City laws, regulations, and ordinances, including those regulating noise, signage, and loitering.
Vendors shall not represent the granting of a permit under this chapter as an endorsement of the City.
A permit obtained under this chapter shall not relieve any vendor of the responsibility for obtaining any other permit or authorization required by any other resolution, ordinance, statute, or administrative rule.
If a written complaint is filed with the City of Monroe Clerk/Treasurer's office alleging a food vendor has violated the provisions of this chapter, the Clerk/Treasurer's office shall promptly send a copy of the written complaint to the vendor together with a notice that an investigation will be made by the Clerk/Treasurer's office, with the assistance of other City departments, as required, as to the truth of the complaint. The vendor shall be invited to respond to the complaint and present evidence and respond to evidence produced by the investigation. If the Clerk/Treasurer's office, after reviewing all relevant material, finds the complaint to be supported by a preponderance of the evidence, the complaint shall be certified.
The City of Monroe Clerk/Treasurer's office shall revoke the permit of any vendor engaged in mobile food vending who ceases to meet any requirement of this chapter or violates any other federal, state or local law, ordinance or regulation; makes a false statement on his/her application; or conducts activity in a manner that is adverse to the protection of the public health, safety, and welfare.
If a permit is denied or revoked by the Clerk/Treasurer's office or if a written complaint is certified pursuant to this chapter, the applicant or holder of the permit may appeal to Monroe City Council. Such appeal shall be in writing. The City Council (or designee) shall make a written determination, after reviewing evidence related to the appeal, as to whether the denial, revocation, or complaint is valid. If the City Council (or designee) determines that the denial, revocation, or complaint is valid as supported by a preponderance of the evidence, the action of the Clerk/Treasurer's office shall be sustained. The applicant may appeal the decision of the Monroe City Council (or designee) to a court of competent jurisdiction.
Immediately upon such revocation, the Clerk/Treasurer's office shall provide written notice to the permit holder by certified mail to the address indicated on the application. The permit to operate shall become immediately null and void upon revocation.
The Monroe Police Department or such other officials as designated by the Monroe City Council are authorized to issue and serve appearance tickets with respect to a violation of this chapter pursuant to Michigan law.
A violation of this chapter is designated as a civil infraction subject to fines as set out in § 1-27E of the Monroe Code.