[HISTORY: Adopted by the Mayor and City Council of the City
of Monroe 6-20-2022 by Ord. No. 22-003. Amendments noted where applicable.]
This chapter may be known as the "Mobile Retail Ordinance."
In the interest of encouraging mobile retail 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:
The Director of Public Safety or his or her designee.
A self-contained, motorized vehicle, identified generically
as a "mobile retail vending unit," which is used for the preparation
and distribution or sale of food (including ice cream).
Any person who goes about to any private residence or residences,
or upon the streets, sidewalks or public alleys, or on other public
property in the City, carrying, selling, offering for sale or taking
orders for the sale of any edible items, goods, wares, merchandise
or any kind of property or thing.
All frozen desserts of any kind, including, but not limited
to, ice cream, ice milk, popsicles or ice sherbets.
Vending, serving, or offering for sale food and/or beverages
or other items from a mobile retail vending unit, 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 retail vending.
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.
Every vehicle which is self-propelled.
All activities associated with the conduct of business, including
setup and takedown and/or hours of operation and locations where the
mobile retail vending units are allowed to be open for business.
The person to whom a license is issued.
Any individual, firm, partnership, corporation, company,
association or other business entity.
Any person engaged temporarily in the retail sale or delivery
of edible items, goods, wares, merchandise or any kind of property
or thing from any lot, premises, building, room or structure. The
term shall not apply to the following:
A person handling vegetables, fruits or other perishable farm
products at any established City market.
A person selling at an art fair or festival or similar event
at the invitation of the event's sponsor if all of the following
conditions are met:
A person soliciting orders by sample, brochure or sales catalog
for future delivery or making sales at residential premises pursuant
to an invitation issued by the owner or legal occupant of the premises.
Every device in, upon or by which any person or property
is or may be transported or drawn on a street, sidewalk or alley.
Offering items of any kind from a vehicle with the City for
retail sale.
Any individual who vends.
A.
Individual permit required. No person, either as owner, agent, or
otherwise, shall furnish, operate, conduct, maintain, advertise or
otherwise be engaged in, or profess to be engaged in, the business
or service of the following without a permit:
(1)
Engaging as a hawker and peddler, transient merchant or vendor (including
mobile food vending) as defined in the Code of the City of Monroe
within the City of Monroe.
(2)
Vending, serving, or offering for sale food and/or beverages from
a mobile retail vending unit, 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 retail vending. Vendors of food truck or mobile
retail vending units described in this section shall obtain a permit
for each unit. If more than one individual is operating a single unit,
then "vendor" shall mean all individuals operating such unit or units.
B.
Permits not required. The following activities are exempt from the
permit application requirement:
(1)
Any person engaged in the retail sale of goods, wares or merchandise
at a permanent location in the City and subject to the City's
ad valorem real or personal property taxes.
(2)
Any person representing any recognized religious or charitable organization
which has a valid license issued by the State of Michigan under the
provisions of Act 169 of the Public Acts of 1975.
(3)
Any person representing any established public or private school,
provided that sales are under the sponsorship of the school.
(4)
Any honorably discharged member of the armed forces, pursuant to
Act 20 of the Public Acts of 1989, being MCLA §§ 35.441
and 35.442.
(5)
Any person exempt from the licensing requirements of this section
by virtue of state or federal law.
All permits issued by the City allowing for vending as described
in this chapter shall contain a clause prohibiting the assignment
or transfer.
All permits required by this chapter shall be prominently displayed
and affixed to the vehicle or upon his or her person if not operating
a vehicle. Any person shall display his or her license for review
and inspection when so requested by any representative of the City
or citizen. No person shall be so engaged in business requiring a
permit without having displayed the permit in full view at the location
of the business.
Permits issued under this chapter by the Clerk/Treasurer's
office shall be valid only for the calendar year in which they are
issued and for the purpose or unit identified on the permit. There
shall be no proration of fees. Fees are nonrefundable once paid to
the Clerk/Treasurer's office.
A.
No person shall be issued a permit to engage in any activity described
in this chapter without first having submitted a completed license
application on a form provided by the office of the Clerk/Treasurer.
B.
Upon submission of the necessary permit application, each person,
unless otherwise exempt, shall pay a nonrefundable permit application
fee, as determined by the Clerk/Treasurer and approved by the Mayor
and City Council by resolution.
C.
Each application for a permit may contain such information as deemed
appropriate by the Clerk/Treasurer, including but not limited to the
following:
(1)
The applicant's name, date of birth, social security number,
permanent address, business address and telephone number at the time
of submission of the application, and any prior business addresses
used for the previous three years, tax identification number of entity
(if any), and number of employees.
(2)
Description of the type of vehicle to be operated, and certification
by the applicant that the applicant possesses a valid driver's
license.
(3)
The name of the person, firm, partnership, corporation or other business
entity represented, if different from the applicant, together with
the address of the registered office of the business and registered
agent designated in Michigan for service of legal process, and the
address of the nearest local or district office.
(4)
A description of the nature of the business represented and the goods,
wares, items or merchandise to be sold.
(5)
The exact locations within the City where the applicant will conduct
his or her business.
(6)
The length of time for which the permit is required and the expected
days and hours of operation.
(7)
A complete listing of all such prior applications filed with the
Clerk/Treasurer's office within the last five years.
(8)
A statement indicating whether the permit will operate from a lot,
room, building, structure or vehicle or will be vending on foot or
from a vehicle.
(9)
A statement of all criminal offenses which the applicant has been
convicted of within the last five years by any court.
(10)
A statement stating whether or not the applicant has ever had
any licenses required by this City or any state or municipal authority
revoked, suspended or denied within the last five years and under
what circumstances.
(11)
A copy of a valid current Michigan sales tax license, or, if
exempt, a copy of a current exemption certificate, if required for
the goods, wares or merchandise sold.
(12)
Any such other reasonable information that the Clerk/Treasurer
deems necessary to process the application and fulfill the purposes
of this chapter.
(13)
The type of vehicle and the motor vehicle registration number
or bicycle license number thereof.
(14)
If the vehicle is classified as a motor vehicle, the applicant
shall also provide the Clerk/Treasurer with the following:
(a)
The report on an inspection by the Department of Public Safety
regarding the safety and suitability of the vehicle.
(b)
A certificate of insurance showing that the applicant is carrying
the following minimum amounts of insurance: public liability insurance
of $1,000,000 for injuries, including those resulting in death from
any one occurrence and on account of any one accident, and property
damage insurance of $1,000,000 for damages on account of any one accident
or occurrence. Certificates shall contain an agreement signed by the
insurance company that prior to modification, cancellation or termination
of the subject policy, written notice shall be sent to the Clerk/Treasurer
by the insurance company and that the City of Monroe shall be named
as an additional named insured.
A.
A portion of the fee for each applicant requesting a permit to vend
may be used to conduct a criminal background investigation regarding
the applicant if deemed appropriate by the Clerk/Treasurer. The Director
of Public Safety shall report the findings of his or her investigation
to the Clerk/Treasurer, who may, if finding the applicant not to be
suitable based on the investigation, deny the application.
B.
Each person, firm or corporation owning or leasing a vehicle from
which the vending will be made shall file an application with the
Clerk/Treasurer on a form provided by the Clerk/Treasurer. Said form
shall contain the following: permanent address and local address of
any vehicle or the business entity of the applicant.
A.
No later than 45 days after the receipt of a properly completed application,
and any required fees, the Clerk/Treasurer, upon being satisfied that
the applicant is of good moral character and the proposed activity
is consistent with public health, safety and welfare, shall issue
a permit.
B.
All permit refusals shall be in writing, addressed to the applicant
and stating, with particularity, the reason(s) for the refusal.
C.
No permit shall be granted to a minor.
D.
Any applicant aggrieved by a final determination by the City Clerk/Treasurer
in denying the issuance of a license or revoking a license may appeal
said determination in writing to the City Manager within seven days
from the decision. The City Manager shall review the documentation
and any statement from the applicant together with any other relevant
information and make a final decision within 30 days from the date
of the receipt of the appeal letter.
A.
Additional copies of permits to replace those lost, spoiled, destroyed
or rendered partially or wholly illegible may be obtained from the
Clerk/Treasurer for a fee. Said fee shall be determined by the Clerk/Treasurer
and approved by the Mayor and City Council by resolution. No more
than one copy of a permit shall be issued to or in the possession
of any permit holder at one time.
B.
The original copy must be surrendered to the Clerk/Treasurer prior
to the issuance of a replacement permit. In the event that the original
permit is lost or destroyed, the permit holder shall be required to
execute an affidavit stating such fact and indicating the circumstances
thereof.
C.
The additional copy of the permit shall be clearly marked "duplicate"
in plain letters across the face thereof by the Clerk/Treasurer.
No person shall be engaged in vending before 8:00 a.m. or after
8:00 p.m. except when specifically authorized as part of a special
event approved by the City or authorized by the owner of the private
property upon which the person intends to operate, provided that such
operation does not constitute a nuisance by virtue of the noise, light,
or sound of the operation and that such operation does not restrict
travel on the public roadways and sidewalks of the City. During any
special events, the City may restrict or prohibit participation by
any or all vendors authorized by this chapter in the City's sole
discretion and authority. If a group of mobile vending unit owners
desires to have an event or gathering of mobile vending units, such
event or gathering shall obtain approval for such conduct as a special
event.
No person, while vending, shall engage in the following prohibited
actions, activities or conduct:
A.
Alter, remove or obliterate any entry made upon a permit issued pursuant
to this chapter, or deface such permit in any way, or allow the alteration
to be done by another.
B.
Refuse and/or fail to produce a valid permit when requested by any
representative of the City or other individual.
C.
Transfer, with or without consideration, any permit previously issued.
D.
Remain in a private residence or upon any private property or premises
after the owner, occupant or agent has requested, ordered or commanded
the vendor to leave.
E.
Use any weighing or measuring device in the conduct of his or her
business, or have in his or her possession any weighing or measuring
device, unless the device has been examined, approved and sealed by
the Inspector of Weights and Measures.
F.
Sell or offer for sale any unsound, unripe or unwholesome food, or
any defective, faulty, incomplete or deteriorated item or article
of merchandise, unless the goods are so represented to prospective
customers.
G.
Use any noisemaking device, amplifier or the human voice to call
attention to his or her wares, goods or items in such a manner as
to create a disturbance, as provided for in the Code of the City of
Monroe.
H.
Vend unless the vehicle is lawfully parked or stopped.
I.
Vend except from the side of the truck away from moving traffic and
as near as possible to the curb or edge of the street.
J.
Vend to a person standing in the roadway unless the roadway is closed
to traffic.
K.
Stop on the left side of a one-way street to vend.
L.
Proceed in reverse to make or attempt a sale.
M.
Commit any act that is prohibited under the existing ordinances of
the City.
N.
Commit any act that is prohibited under existing state and federal
law.
O.
Upon receipt of a complaint alleging prohibited conduct, as listed immediately above, the Clerk/Treasurer, or his or her designee, shall conduct an investigation to determine whether the complaint is valid. If the Clerk/Treasurer, or his or her designee, reasonably determines that the complaint is valid, he or she may take such reasonable action, including revoking the permit, as is warranted by the nature of the prohibited action, activity or conduct. Any enforcement action taken shall in no way affect, or is intended to affect, the imposition of any penalty described in § 1-27 of this Code of the City of Monroe.
A.
The driver of a mobile retail vending unit shall not permit any unauthorized
person to ride in or on the vehicle.
B.
No person shall ride in or on a mobile retail vending unit, unless
he or she is employed by its owner or unless he or she is authorized,
in writing, to do so by the owner or the Department of Public Safety.
A.
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 retail vending unit. If operating on a private street,
the customer service area for mobile retail vending units shall be
on the curb lawn or sidewalk when parked. Mobile retail vending units
selling ice cream exclusively may be authorized to operate while travelling
on public streets in areas zoned for residential use. All other mobile
retail vending units shall vend from a particular location for at
least one hour prior to moving to another location provided that such
locations have been approved as part of a special event or are private
property where the owner of the mobile vending unit has the prior
authorization of the owner to operate.
B.
No food shall be sold, prepared or displayed outside of the food
truck or mobile retail vending unit while on the location noted on
the permit.
C.
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.
D.
Vendors shall not use any flashing, blinking or strobe lights or
similar effects to draw attention to the food truck or mobile retail
vending unit; all exterior lights over 60 watts shall contain opaque
hood shields to direct the illumination downward.
E.
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.
F.
There shall be no signage used by vendors except for what is allowed
on the vehicle, food truck or mobile retail vending unit itself.
G.
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.
H.
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 a unit is not self-contained and requires electric
service, a permit issued by the City of Monroe Building Department
is required and an additional fee shall be charged by the City.
I.
Vendors shall comply with all applicable City laws, regulations,
and ordinances, including those regulating noise, signage, and loitering.
J.
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.
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.
The City shall have the right to pursue injunctive or other
relief from the Circuit Court for the County of Monroe in the event
of a violation of this chapter in addition to all other remedies provided
for by law or equity.
