Williston City Zoning Code
SECTION 25
Q Mobile food trucks. 1
1.
Mobile food trucks.
a.
For purposes of this Subsection Q., a "mobile food truck" is defined as a licensed mobile food unit, as licensed through the NDDOH.
b.
No person may set up or operate a mobile food truck without first obtaining a license and meet the requirements and conditions laid out in this Subsection Q. The City Auditor is authorized to issue a license for a mobile food truck, with approval from the Building Official, Planning and Zoning Director, Chief of Police, Director of Public Works, Fire Chief, and City Engineer. This license may only be obtained if the Health Department has licensed the food truck.
c.
Mobile food trucks may only operate in a designated "food truck area" as noted in this Subsection.
d.
Licenses are issued annually and are only valid for a twelve-month period. All licenses shall expire on December 31 of each year regardless of when a person obtains a license. License fee shall be set by City Commission approved Resolution.
e.
Any violations of this Subsection shall be subject to the removal of the mobile food truck license for the remainder of the license issuance period, as follows:
(i)
If a mobile food truck is in violation of any provision of this Subsection, a ticket for $500 may be issued by the Williston Police Department during the violation.
(ii)
Any person having information that the mobile food truck license holder has violated any provisions of this Subsection may submit a complaint to the Director of Development Services setting forth such violation.
(iii)
If any mobile food truck receives three tickets, or receives three complaints from independent and separate business or property owners within a six-month period, the following shall apply:
(a)
Upon receipt of such complaint, or confirmation that the mobile food truck has received three tickets from the Williston Police Department, the matter shall be set for hearing in a reasonable period of time at the regular meeting of the Board of City Commissioners. A copy of the complaint and notice of the hearing will be mailed to the mobile food truck license holder by registered or certified mail not less than 10 days before such hearing.
(b)
Upon the Board of City Commissioners making a written finding that a violation of this Subsection occurred it shall immediately revoke the mobile food truck license.
(iv)
Any act or the failure to do any act which creates a public nuisance, or in the event of repeated violations which may or may not meet the requirements listed above, the City retains the ability to immediately revoke the food truck license.
(v)
Such causes as hereinbefore described shall not be deemed to be exclusive and such license may be terminated at any time by the Board of City Commissioners for any cause deemed by the Board to be sufficient cause and justified by reason of public health or public morals.
f.
License holders, for mobile food trucks and their employees shall meet the following requirements.
2.
Health and safety regulations.
a.
The license holder shall comply with all North Dakota Department of Health (NDDOH) and other applicable regulatory agency requirements, including, but not limited to, the requirements for food service. The license holder shall display in a conspicuous location all such required licenses and/or licenses and shall provide copies of those licenses and/or licenses to the City prior to issuance of a license for a food truck by the City. The license holder shall continuously maintain the required approvals, licenses and/or licenses and provide evidence to the City of the continuous maintenance of them.
b.
The license holder shall obtain and display a certificate of insurance from a company licensed to do business in North Dakota, evidencing that the license holder has general liability insurance policies in effect with limits of at least $250,000 per individual and $1,000,000 per occurrence. The City of Williston must be named as an additional insured.
c.
Copy of a criminal record check for owner of the food truck.
d.
At time of application, applicant must provide a copy of a notarized statement signed by the applicant holding the City harmless against claims and litigation for issuing a license.
e.
Any food trucks must be registered in North Dakota.
f.
Food trucks must be a dedicated truck for this purpose and must be approved by the NDDOH.
g.
The license holder shall provide with their application the number of vehicles they intend to operate as a food truck, a description of all food trucks, they intend to operate, license plate information for each food trucks, VIN for each food truck, proof of insurance coverage for each food truck, and proof of fire and safety inspection for each food truck.
h.
A separate application and fee is required for each food truck applied for by the applicant.
i.
If anything changes, the license holder shall deliver updated and current information to the Williston Police Department and Williston Auditor's office within 10 days.
j.
All food, oil, and organic waste must be disposed of at licensed food establishment. Arrangements for such must be shown at time of application via a signed contract with a licensed food establishment.
k.
There must be a designated Person in Charge of food safety with the food truck at all times, as per NDDOH requirements.
3.
Maintenance regulations.
a.
The license holder shall provide proper containers or some other means for the collection of waste and trash from the food truck. The license holder shall keep the immediate area around the food truck and the food truck clean of garbage, trash, paper, cups, cans or litter associated with the operation of the food truck. All waste and trash shall be properly disposed of by the license holder.
b.
The license holder is responsible to remove any garbage, spills, or stains or repair any damage to the designated area resulting from operations of the food truck.
c.
The license holder shall be responsible for the maintenance, upkeep and security of the food truck. Skirting of the food truck is not allowed.
d.
The food truck must be kept in good operating condition, with no rust or peeling paint.
e.
Advertising decals are limited to the name of the licensed vendor, the types of food for sale, and the price lists of those items.
4.
Noise regulations.
a.
The license holder shall comply with all noise regulations set forth in the Williston City Code of Ordinances.
b.
The license holder shall not have on the premises any bell, siren, horn, loudspeaker or any similar device to attract the attention of possible customers nor shall the license holder use any such device to attract attention.
5.
Parking and traffic regulations.
a.
A food truck may not utilize a drive through window.
b.
A food truck may only be parked on a paved area, with paved parking for customer cars.
c.
A food truck may not park on a sidewalk.
d.
A food truck may only be parked on a developed lot, which has a permanent business and structure on the property.
e.
A food truck may not interfere with the needed parking for the permanent business and building on the property.
f.
A food truck or its customers may not interfere with public access to adjacent parking stalls or to driveways or entrances of existing buildings or uses.
g.
A food truck must locate the vending window to ensure pedestrian safety and may not make sales to anyone within a roadway.
h.
Customers may not use the right-of-way or landscaped area for queueing.
i.
A food truck may not operate in a congested area where such operation might impede or inconvenience the public use of such streets or public way. For the purpose of this item, the judgement of a police officer or license inspector, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.
j.
A food truck must obey all state and local parking and traffic regulation.
k.
No more than one food truck is allowed per private lot, unless the lot owner has a license for a food truck park, as noted below.
l.
Written approval must be granted by the owner and tenant of any lot which a food truck wishes to park on prior to parking. In the case of a corporate entity, this letter must be accompanied by proof that signatory is an authorized agent. This letter must be kept in the food truck. This provision expressly applies to all Williston Park Recreational District property.
6.
Mobile food truck general regulations.
a.
A food truck must be parked at least 200 feet from entrance of a restaurant five feet from a driveway, ADA ramp, emergency call box, building entrance or utility box; and 15 feet from a fire hydrant.
b.
A food truck may not be left unattended.
c.
All power must be self-contained, or food truck must have written approval by property owner to hook up to power in a safe manner.
d.
A food truck must be moved from operating location and parked in a storage area each night.
e.
A food truck must provide portable lighting adequate to illuminate the vicinity of the mobile food truck.
f.
A food truck may place chairs, tables, umbrellas, etc. on the private lot, as long as they do not impede parking and traffic. These must be removed at the end of the day.
g.
A six square foot menu board may be placed on the sidewalk directly in front of the food truck. Said menu board may not impede required ADA spacing.
h.
A food truck may only be parked in the following zones, subject to all regulations in this section: M-1: Light Industrial: C-2: General Commercial; C-3: Restricted Commercial; HCC: Highway Corridor Commercial; P: Parks and Open Space.
i.
A food truck may only operate between the hours of 6:00 a.m. to 10:00 p.m., it is within 150 feet of a residentially zoned area, in which case a food truck may only operate between the hours of 7:00 a.m. and 10:00 p.m. In addition, a 30 minute allowance for set-up and tear-down is allowed. Before and after such times, a food truck may not be parked on the property from which it intends to sell food. The food truck must be returned to a storage area when it is not in operation.
7.
Clearance regulations.
a.
Furniture, canopies, fencing and/or other accessories used for the food truck shall be located so that a minimum clearance required by the Williston Building Code or the Americans with Disabilities Act, whichever is more restrictive, shall be provided at all times.
b.
No outdoor patio area equipment, fencing or furniture may be placed in such a manner as to obstruct a building exit, nor may it be left up overnight.
8.
Food truck park.
a.
A property owner may apply for a Special Use Permit for a food truck park, otherwise known as a congregation area. Said property must meet the following:
(i)
Fully developed and paved lot.
(ii)
Parking to accommodate all customers, of both the permanent business and the food truck park. A determination on adequate parking may be made by the Planning Director and Chief of Police. A license may be revoked if congestion of surrounding parking areas or street right-of-ways becomes a concern.
(iii)
In the absence of adequate on-site parking, public parking must be available nearby.
(iv)
Intent to operate as a food court, with more than one vendor at all times.
b.
No person may set up or operate a mobile food truck park without first obtaining a license and meet the requirements and conditions laid out in this Subsection.
c.
Licenses are issued annually and are only valid for a twelve-month period. All licenses shall expire on December 31 of each year regardless of when a person obtains a license. License shall be set by fee resolution.
d.
Any violations of this Subsection shall be subject to the removal of the mobile food truck park license for the remainder of the license issuance period, as follows:
(i)
If a mobile food truck park is in violation of any provision of this Subsection, a ticket for $500 may be issued by the Williston Police Department during the violation.
(ii)
Any person having information that the mobile food truck park license holder has violated any provisions of this Subsection may submit a complaint to the Planning Director setting forth such violation.
(iii)
If any mobile food truck park receives three tickets, or receives three complaints from independent and separate business or property owners within a six-month period, the following shall apply:
(a)
Upon receipt of such complaint, or confirmation that the mobile food truck park has received three tickets from the Williston Police Department, the matter shall be set for hearing in a reasonable period of time at the regular meeting of the Board of City Commissioners. A copy of the complaint and notice of the hearing will be mailed to the mobile food truck park license holder by registered or certified mail not less than 10 days before such hearing.
(b)
Upon the Board of City Commissioners making a written finding that a violation of this Subsection occurred it shall immediately revoke the mobile food truck park license.
e.
Food trucks operating within the park must follow all regulations laid out within this Subsection, with the exception of the following items: