[11-2-2022 by Ord. No.
1829]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
PERSON
Includes any person, firm, association, corporation, limited-liability
company, partnership or two or more persons having a joint or common
interest.
VENDOR TRUCK
A truck, camper, trailer, tent, stand or similar mobile structure
used to sell food, merchandise, goods, wares or services from a fixed
location.
[11-2-2022 by Ord. No.
1829]
(a) A person shall not engage in business as a vendor truck without having first obtained a vendor truck license from the City Clerk. A vendor truck license shall be obtained under the provisions of this article and Chapter
17. A person, being a vendor truck operator, shall not peddle or engage in business in any manner in which a license is required by Article
I of this chapter, unless the person is also licensed in accordance with the requirements of that article.
(b) The provisions of this section shall not apply to a person who has
a regularly established place of business within the City of Holland
and who is on the City tax rolls.
[11-2-2022 by Ord. No.
1829]
Applications for a vendor truck license under the provisions of this article shall include, in addition to the information required by Chapter
17 and other information that the City Clerk may require, the following information:
(a) The full name and mailing address of the applicant at the time of
the filing of the application.
(b) The full name and mailing address of the business or organization,
if any, that will be engaged in the vendor truck business.
(c) If the business of the applicant shall require the use of weighing
or measuring devices, then the application shall be accompanied by
a certificate from the sealer of weights and measures stating that
such devices have been examined and approved.
(d) The anticipated locations and dates where the vendor truck will be
set up and operating for the licensing year.
(e) If the vendor truck will be selling food, a copy of the current and
valid annual food service license issued by the local, County or State
Health Department shall be submitted with the application.
(f) A description of the operation including:
(2)
Merchandise, food, wares or services being sold;
(3)
Electricity or power requirements and how it will be supplied;
(4)
Water and sewer requirements and how they will be provided;
(5)
Garbage requirements and how it will be provided;
(6)
Bathroom facilities and how they will be provided.
[11-2-2022 by Ord. No.
1829]
For each vendor truck license issued under the provisions of
this article, the licensee shall pay the fee established by a resolution
adopted by City Council. A licensee who sells goods, wares, merchandise
or services for a religious organization, educational institution,
other nonprofit or licensee who only operates under a contract with
the City of Holland may be exempt from payment of an annual vendor
truck license. A licensee who only gives away (no sales) prepackaged
food may be exempt from payment of an annual vendor truck license.
[11-2-2022 by Ord. No.
1829]
No licensee under the provisions of this article shall do or
perform any of the following things or acts:
(a) Posting license. Fail to post the license issued under the terms
of this article in a conspicuous location at the place where his or
her business is conducted, where it shall remain in plain sight during
the entire time during which such business is carried on.
(b) Zoning. Conduct his or her business in any zone district or location where prohibited by Chapter
39 of this Code. See Section
39-4.02 for vendor truck zone districts permitted, review processes and standards.
(c) Building entrance or exit. Place or operate his or her business in
the entrance or exit areas of any building or parking area so as to
hinder ingress or egress to the building or property.
(d) Compliance with Code, etc. Violate any provision of this Code or
any state or federal law relating to the business in which he or she
is engaged, or any regulation which is promulgated and operative under
any such law.
(e) Nuisance. Create a nuisance or violation of Chapters
6 (Buildings), 9 (Electricity), 11 (Fire Protection), 14 (Housing), 18 (Motor Vehicles and Traffic), 19 (Nuisances), 20 (Offenses), 27 (Refuse and Garbage), 29 (Sewer Usage and Administration), 37 (Water) or 39 (Unified Development Ordinance).
[11-2-2022 by Ord. No.
1829]
The City Manager shall be the enforcing officer of this article
or any City employee or officer designated by him or her.
[11-2-2022 by Ord. No.
1829]
A person who violates a provision of this article is guilty of a Class II municipal civil infraction as provided in Article
XVII, Municipal Civil Infractions, Sections
2-113 through
2-120, of the Code of Ordinances.