[HISTORY: Adopted by the Common Council of the City of Mayville 7-10-2017 by Ord. No. 1092-2017. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All articles used for food, nonalcoholic drink or condiment,
including ice or water used by humans, whether simple, mixed or compound,
and articles used or intended for use as ingredients in the composition
or preparation thereof.
A self-contained, mobile food unit, including trucks, carts
and trailers, in which food is prepared or processed and from which
food is sold or dispensed to the end consumer.
The owner of a mobile food vehicle or pushcart; hereinafter
referred to as "vendor."
A non-self-propelled wheeled cart, specifically designed
and used for keeping, storing, cooling food or beverage or warming
food or beverage for sale by a mobile food vehicle vendor, which may
be moved by one person without the assistance of a motor.
See Chapter 193, Direct Sellers, Transient Merchants and Solicitors.
A.
It shall be unlawful for any person to do any of the following within
a public right-of-way or on public property in the City of Mayville
without first having obtained a valid mobile food vending license
as prescribed in this chapter:
B.
No person shall park, stop or operate a mobile food vehicle or pushcart,
nor shall any mobile food vehicle vendor permit any person to park,
stop or operate a mobile food vehicle or pushcart in a location adjacent
to or within a two-hundred-foot radius of the nearest edge of any
building or section of a building comprising a licensed food establishment
within the City, the kitchen of which is open for serving food to
patrons, excluding any patio, awning or temporary enclosure attached
thereto. This requirement may be waived if the most recent application
for a mobile food vending license was submitted together with the
written consent of the proprietor of the adjacent licensed food establishment.
C.
All vendors will abide by all parking and traffic laws, ordinances,
statutes, rules and regulations at all times, except that a mobile
food vehicle that is of such a length that it occupies all or a portion
of two marked parking spaces may park in said spaces so long as it
abides by all other parking restrictions, including length of time
operations.
D.
Mobile food vehicle vending locations will be utilized on a first-come-first-reserved
basis and may generally occur in commercially and industrially zoned
areas (subject to limitations within residential areas). All mobile
food vehicle units must maintain a distance of five feet from the
nearest edge of any building and two feet from the curbs. All vendors
will maintain the appropriate distances from crosswalks, curb cuts,
sidewalk benches, bike racks, bus shelters and stops and other obstructions.
The vendor is required to set up the mobile food vehicle, arrange
for waiting on customers and have customers line up in a way that
avoids conflict between customers and the traveling public, including
pedestrians, parked vehicles and moving vehicles. A vendor shall maintain
a clearance of not less than five feet wide on any public sidewalk
upon which a pushcart is located. Mobile food vehicles are not permitted
on public sidewalks. A vendor shall maintain clear access to and visibility
of crosswalks and street corners. When operating in the public right-of-way,
serving and dispensing of food products shall be directed toward the
sidewalk or terrace area immediately adjacent.
E.
Vendors are not allowed in City parking lots or on public property,
except with written approval from Parks and Recreation Director or
the Mayor. Vendors are not allowed in City parks where the City has
a vending contract with a concessionaire or in City parks when concession
or food stands are open. Mobile vehicle food vending is not allowed
adjacent to parks with vending contracts or open concession or food
stands. Vendors are allowed adjacent to City parks upon approval of
the Parks and Recreation Director, the City Engineer or Chief of Police
or their respective designee(s).
F.
Vendors may set up on private property zoned for business, recreational
or industrial land use, but such an operation may require a temporary
use permit. In residential areas (such as areas not adjacent to City
parks), vendors are not permitted to park and stay in one location;
vendors must keep moving and make only short stops to sell products,
except as part of an approved special event or upon approval by the
Parks and Recreation Director or the Mayor.
G.
A person with a valid driver's license of such a classification
to allow the operation of the mobile food vehicle shall be with the
vehicle at all times that any activity is taking place in the mobile
food vehicle. The vendor is liable for any violation of this subsection.
H.
No person will park, stop or operate a mobile food vehicle, nor will
any mobile food vehicle vendor permit any person to park, stop or
operate a mobile food vehicle in a location within 500 feet of the
boundary line of any property upon which a fair, farmer's market,
festival, carnival, circus, special event or civic event licensed
or sanctioned by the City is occurring except with permission of the
Parks and Recreation Director or the Mayor.
I.
Appropriate permits or other properly obtained permission must be
obtained to park, stop or operate a mobile food vehicle or push cart
in a location within 500 feet of the boundary line of any property
upon which a fair, farmer's market, festival, carnival, circus,
special event or civic event licensed or sanctioned by the City is
occurring.
J.
All mobile food vehicle vendors are prohibited from connecting to
light poles, utility poles or any public source of electricity, water
or sewer, or to any planter or tree or other public amenity.
K.
All signage must be permanently affixed to the mobile food vehicle
or pushcart. No accessory signage will be placed outside or around
the mobile food vehicle or pushcart.
L.
Mobile food vehicle or pushcart vending hours on public property
and public rights-of-way are from 8:00 a.m. to 9:00 p.m. (Sunday through
Thursday) and from 8:00 a.m. to 10:00 p.m. (Friday and Saturday).
The mobile food vehicle must be closed, the area cleaned and the mobile
food vehicle removed by the time specified. Mobile food vehicle vending
hours are not restricted on private property locations.
M.
Nothing in this chapter shall be deemed to supersede or repeal any
ordinance relating to noise, park closing hours or parking, except
as specifically provided in this chapter. Vendors will take every
precaution to ensure that their operations do not materially affect
the peace and welfare of the general public nor cause any unreasonably
loud, disturbing and unnecessary noise or any noise of such character,
intensity or duration as to be detrimental to the life or health of
any individual or which is in the disturbance of public peace and
welfare.
N.
Mobile food establishments shall keep the area clean and free from
litter, garbage and rubble and debris at all times. They shall maintain
at least one leakproof container for the deposit of waste, garbage,
litter and refuse. When leaving the vending area, the mobile vendor
and his/her employee(s) shall be responsible for the removal of all
litter resulting from its operations.
A.
Any person desiring to operate a mobile food vehicle or pushcart
will make written application for a mobile food vending license to
the City Clerk's office. The application for such license shall
be on forms provided by the City Clerk's office and will include
all of the following:
(1)
A completed mobile food vendor application with signature and payment
of fees.
(2)
The applicant shall submit a copy of the current mobile food establishment
permit issued by the Wisconsin Department of Health Services.
(3)
The applicant shall provide a mobile food vendor license plan addressing
sanitation, pedestrian and traffic safety, including the following
standards:
(a)
The proposed plan will not create any significantly adverse
traffic impacts, traffic safety hazards, pedestrian/vehicle conflicts
or pedestrian safety hazards or impede building ingress/egress.
(b)
The proposed plan will not create any significantly adverse
impacts on neighboring properties as a result of:
(4)
No mobile food vendor shall be located on any private property without
written permission from the property owner. A copy of the written
permission shall be submitted at the time of application if the vendor
wishes to operate on private property.
(5)
For the Parks and Recreation Director, said conditions of approval
shall be filed with the application and incorporated therein.
(6)
All vehicles must pass inspection by the Mayville Fire Department.
A copy of a passing inspection report must be submitted prior to approval
of the application.
(7)
A valid copy of proof of registration for the vehicle and driver's
licenses for all operators and proof of insurance.
(8)
Copy of a valid Wisconsin seller's permit.
(9)
A photograph of the unit.
(10)
The name, address and phone number of the primary applicant,
together with the name, address and phone number of all individuals
who will be operating a mobile food vehicle.
(11)
Any additional information deemed necessary by the City Clerk
to determine if issuance of a mobile food vending license to a particular
applicant would be in the best interest of the public.
B.
Upon receipt of an application for a mobile food vending license,
the Clerk may conduct a background check and may refer to the Chief
of Police, or his or her designee, who may make and complete an investigation
of the statements made in such registration. Any such investigation
will be completed as soon as practicable. The City Clerk may refuse
to register the applicant if any of the following is determined:
(1)
The application contains any material omission or materially inaccurate
statements;
(2)
The applicant was convicted of a crime, statutory violation or ordinance
violation within the last five years, the nature of which is directly
related the applicant's fitness to engage in direct selling;
or
(3)
The applicant failed to comply with any requirement of the application.
C.
A mobile food establishment can obtain a seasonal permit that is
valid from June 1 to August 31 or an annual permit that is valid from
June 1 to May 30. Fees for said permits shall be paid according to
the schedule of fees as approved annually by the Common Council. Applications
for renewals shall be handled in the same manner as original applications.
D.
A mobile food vending license is not transferable from person to
person.
E.
A mobile food vending license is valid for one vehicle only and is
not transferable.
F.
The mobile food vending license will be permanently and prominently
affixed to the mobile food vehicle.
G.
Any person denied a mobile vending license may appeal the denial
to the Common Council by filing a written statement therewith within
14 days after the date registration was denied, setting forth the
grounds for appeal. The City Clerk or the City Clerk's designee
will notify the applicant, at least 48 hours prior to the Common Council
meeting, of the time and place of such hearing.
A mobile food vending license may be suspended or revoked by
the City Clerk, or the Chief of Police, if the license holder made
any material omission or materially inaccurate statements in the license
application, or if the license holder violates any provision of this
chapter, if there are noise complaints related to the mobile food
vehicle or the operation thereof, or if the license holder is convicted
of any crime or ordinance or statutory violation directly related
to the licensed activity. Notice of suspension or revocation will
be mailed to the applicant and will include a statement of the act(s)
upon which the denial is based.
A.
Any person adjudged in violation of any provision of this chapter
shall forfeit not less than $10 or more than $1,000 for each violation
per day, plus costs of prosecution. Each violation shall constitute
a separate offense.
B.
The Police Department and the Department of Public Works shall have
concurrent authority to remove or cause the removal of any vending
equipment or merchandise found on the street, sidewalk, terrace or
other vending location in violation of any regulations established
pursuant hereto. In addition to any forfeiture, the violator shall
be liable for any removal, towing and storage charges incurred by
either Department.
