Sturgis City Zoning Code
MOBILE FOOD
VENDORS
§ 156.360 PURPOSE.
The purpose of these provisions is to establish and regulate mobile food vendors within the city.
(Prior Code, § 18.05.19.01) (Ord. 2022-02, passed 2-14-2022)
§ 156.361 APPLICABILITY.
(A) This subchapter is in full force and effect at all times during the year except between the dates of July 15 and August 20 of each year. During this time frame, this subchapter only applies during city sponsored or approved events where the city invests less than or equal to the amount as shall be set forth in the city’s annual fee resolution in hosting the event. During the dates of July 15 through August 20 of each year, Chapter 113 regarding licensing of temporary businesses applies to all mobile food vendors that operate during any city sponsored or approved event where the city invests more than the amount as shall be set forth in the city’s annual fee resolution in hosting the event, and at any other time not excluded under this subchapter.
(B) These requirements include any special sanitation permits and requirements as provided under Chapter 50. Any conflict between this subchapter and Chapters 50 or 113 stemming from mobile food vendor activities or operation occurring during July 15 through August 20 of each year, is construed in favor of Chapters 50 or 113.
(Prior Code, § 18.05.19.02) (Ord. 2022-02, passed 2-14-2022)
§ 156.362 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MOBILE FOOD TRUCK. A licensed and operable vehicle or concession trailer which is enclosed and self-contained, independent with respect to water, sewer and power utilities, that contains equipment for the preparation and sale or service of food or beverages with or without charge which are designed for immediate consumption.
MOBILE FOOD VENDING. The act of preparation and sale or service of food and beverages with or without charge from a mobile food truck that are designed for immediate consumption.
MOBILE FOOD VENDOR. Any person or entity conducting the sale or service of food and beverages with or without charge from a mobile food truck that are designed for immediate consumption.
OPERATE. All activities associated with the conduct of mobile food vending, including setup and takedown and actual hours where the mobile food truck unit is open.
(Prior Code, § 18.05.19.03) (Ord. 2022-02, passed 2-14-2022)
§ 156.363 OPERATIONAL REQUIREMENTS.
(A) All mobile food vendors must abide by all federal, state and local laws, rules and regulations. Mobile food vendors must operate in compliance with all state laws and regulations and must maintain continuous licensure with the State Department of Health.
(B) Mobile food vendors may only vend on private property in the following zoning districts:
(1) General Commercial (GC-1);
(2) Retail Commercial (GC-2);
(3) Highway Service (HS);
(4) General Industrial (GI); and
(5) RV, Campground and Recreational Vehicle Park (RV).
(C) Mobile food vendors may vend in a public right-of-way only with prior city approval.
(D) Unless a mobile food vendor receives city approval to vend in a public right-of-way, mobile food vendors may vend only on private property with consent of the property owner and may not encroach into any right-of-way adjoining the property with the mobile food truck or any accessory items such as trash cans, tables, chairs and the like.
(E) Any food vending on private property must have sufficient parking for both the mobile food truck, including any accessory items, and the existing operations of the private property.
(F) The vendor must not conduct any vending in a way that causes congestion or blocking of vehicle or pedestrian traffic or fire lanes. Each vendor has an affirmative and independent duty to determine the safety and suitability of any particular location of operation and to operate in a manner reasonably calculated to avoid and prevent harm to people and to other vehicles.
(G) All areas within and surrounding a mobile food service establishment must be maintained in a clean, neat and sanitary condition. A mobile food vendor must provide one private trash bin for public use with capacity of no less than 13 gallons. Trash bins must be anchored or otherwise secured upright. A mobile food vendor must remove all litter generated by its operation at the vendor’s expense. The mobile food vendor must not place trash or litter from the mobile food vending establishment in any unauthorized private or city receptacle.
(H) Umbrellas and canopies must be designed to be secure during windy conditions. Umbrellas and canopies must be at least seven feet above the ground when open and may not protrude into the right-of-way.
(I) All mobile food vendors must ensure that individuals with disabilities have comparable access to the mobile food vending establishment. If existing designs cannot be modified to be accessible to people with disabilities, the method of providing service must be modified to become accessible.
(J) A mobile food vending establishment cannot be permanently located on any property and cannot function as a permanent structure.
(K) Mobile food vendors may not vend alcohol unless they comply with all applicable city and state regulations.
(L) All mobile food vendors operating in the city must obtain a mobile food vending permit.
(M) All mobile food vendors operating in the city must provide a monthly sales tax report for all sales within the city boundary. The reports may be submitted to the City Finance Office.
(Prior Code, § 18.05.19.05) (Ord. 2022-02, passed 2-14-2022) Penalty, see § 156.999
§ 156.364 DURATION OF ACTIVITY AND HOURS OF OPERATION.
(A) Any mobile food vendor may be parked at a single location for a maximum of three consecutive days.
(B) Mobile food vendors may only operate between the hours of 6:00 a.m. and 2:00 a.m.
(Prior Code, § 18.05.19.06) (Ord. 2022-02, passed 2-14-2022)
§ 156.365 SIGNAGE.
No signage is permitted except for what appears on the mobile food truck and a small foldable sign placed within nearby proximity of the mobile food truck.
(Prior Code, § 18.05.19.07) (Ord. 2022-02, passed 2-14-2022) Penalty, see § 156.999
§ 156.366 HEALTH, SAFETY AND SANITATION.
Mobile food vendors must:
(A) Operate according to the minimum public health and food safety requirements determined by the State Department of Health;
(B) Comply with all applicable fire and safety requirements;
(C) Comply with the licensing requirements of the state, including food, sales tax and mobile food vending;
(D) Not broadcast loud noise that results in a nuisance to the surrounding properties; and
(E) Abide by all operational requirements provided in this subchapter.
(Prior Code, § 18.05.19.08) (Ord. 2022-02, passed 2-14-2022) Penalty, see § 156.999
§ 156.367 MOBILE FOOD VENDING PERMIT.
(A) The operator of all mobile food trucks must apply for a mobile food vending permit using CitizenServe through the City Planning and Permitting Department.
(B) The operator is required to obtain a mobile vending permit for each operating mobile food truck.
(C) The permit will remain in effect until December 31 of the year of issuance. After expiration, the operator must obtain a new permit to operate in the city.
(D) Permit fees shall be set forth in the city’s annual fee resolution per year regardless of what month the operator acquired the permit.
(E) Any permit issued under this section is nontransferable.
(F) While operating in the city, the permit must be displayed at all times in a conspicuous place where it can be read by the general public on the mobile food truck.
(Prior Code, § 18.05.19.09) (Ord. 2022-02, passed 2-14-2022)
§ 156.368 INSURANCE.
(A) Every mobile food vendor operating in the city must maintain commercial general liability insurance. The city must be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from operation within the city. A copy of the certificate of coverage shall be provided to the city and notice of the termination of insurance coverage shall be provided to the City Planning and Permitting Department.
(B) The failure to maintain or lapse in commercial general liability insurance while operating in the city will result in immediate revocation of the permit issued under this subchapter.
(Prior Code, § 18.05.19.10) (Ord. 2022-02, passed 2-14-2022)
§ 156.369 REVOCATION.
(A) Any permit issued under the provisions of this subchapter may be revoked for violation of any applicable provision of this code, state law or regulation.
(B) Upon the revocation, the permit shall immediately be surrendered, and failure to do so shall be an offense under this subchapter.
(Prior Code, § 18.05.19.11) (Ord. 2022-02, passed 2-14-2022) Penalty, see § 156.999
§ 156.370 APPEAL PROCESS.
(A) Any person aggrieved by a decision denying or revoking a permit made under this subchapter shall be entitled to have said decision reviewed by the city. If, after review, said person is unsatisfied, he or she may appeal the decision to the City Council.
(B) The process shall be as follows.
(1) An aggrieved person shall first file a written request for review with the city setting forth the basis for which he or she believes the decision to be in error. The writing shall also include the person’s name and mailing address.
(2) Upon receipt of a written request for review, the city shall review the challenged decision and mail a written response to the aggrieved person within 20 days.
(3) If the aggrieved person is not satisfied with the decision of the city following review, he or she may file a notice of appeal with the Finance Officer. There shall be a fee set forth in the city’s annual fee resolution assessed for filing an appeal, which shall be paid to the Finance Office at the time of filing the written request for review.
(4) Upon receipt of a notice of appeal, the Finance Officer shall notify the City Council, and a public hearing on the appeal shall be held at a regularly scheduled City Council within 30 days after the date said appeal was filed. The Finance Office shall provide notice to the person specifying the time, date and location of the hearing.
(C) The City Council may notify the aggrieved person of its decision following the hearing; however, the Council shall issue a written decision to the person within 20 days of the hearing. The Council may affirm or reverse the decision.
(Prior Code, § 18.05.19.12) (Ord. 2022-02, passed 2-14-2022)