Williston City Zoning Code
SECTION 25
T Beverage kiosks.
1.
Definition.
a.
Beverage Kiosk: Kiosk selling beverages and associated items as noted below, which is an accessory use on a previously developed lot with a primary use, which meets all requirements as noted below.
2.
Violations. It shall be unlawful for any person, corporation, partnership, or similar entity, to operate a beverage kiosk within any lands within the City of Williston and/or the extraterritorial jurisdiction without obtaining a beverage kiosk permit and otherwise complying with the provisions provided herein.
3.
Requirements.
b.
Structure.
1.
Structures shall not exceed 200 square feet in size. All structures must be located on improved asphalt or concrete surface, be anchored to resist accidental movement and be placed upon secured footings as per Building Department requirements. No structure shall have an axle. Enclosed trailers must remove the axle, be secured to resist accidental movement, with all related supports cosmetically covered with an approved skirting material.
c.
Access and parking.
1.
Drive-thru facilities need room for a minimum of two vehicles to stack behind a vehicle at the window. Walk up window service requires two parking spaces per window. One parking spaces is required for each employee.
2.
All access, stacking space, and associated parking must be paved with concrete or hot mix asphalt.
d.
Placement.
1.
Structures shall be placed in a manner so as not to interfere with normal vehicle and pedestrian circulation patterns or required emergency access. Nor shall such structures be placed in manner that eliminates or interferes with the use of required parking spaces, driveways, or accesses.
e.
Building permit.
1.
Building permit and site plan review required through the Building Department.
f.
Standards of operation.
1.
Skirting. Units are required to be skirted and winterized.
2.
Waste handling. Sites must be kept clean of trash and litter. Wastewater, including all liquid wastes, gray water and mop water must be discharged into an Upper Missouri District Health Unit or North Dakota Department of Health approved on-site sewage disposal or holding system, or other Upper Missouri District Health Unit or North Dakota Department of Health approved disposal site. Dumping or disposal of waste at other than approved specific sites shall result in fines or removal of the facility.
3.
Fire suppression. All vending facilities must include an appropriate fire suppression mechanism. Fire extinguishers and/or other suppression system components must be checked and certified annually by a license service provider. All vending facilities permitted under this Subsection shall be subject to inspection at any time during hours of vending facility operation by the City Fire Department and other City Departments charged with enforcement or administration of this Subsection.
4.
Condition and maintenance. The kiosk must at all times maintain an orderly appearance and be free of debris. All exterior surfaces shall be maintained in a clean and sound condition in both material and finish and free of nonpermanent attachments.
Vendors shall maintain their facility by allowing only articles necessary for operation and maintenance of the facility to be stored there and shall prohibit use of any portion of the facility as living or sleeping quarters.
Any new kiosks permitted after January 23, 2018, must conform to the style or decor of the principal building.
5.
Beverages permitted to be sold: coffee, tea, other non-alcoholic beverages.
6.
Food permitted to be sold: individually pre-packaged items.
7.
Items prohibited from being sold: tobacco products, alcoholic beverages, any food item that requires on-site preparation, any non-food or non-beverage item.
g.
Utilities.
1.
All facilities shall be self-contained and will not be permitted to connect to any municipal utilities. Electric generators are not permitted other than for emergency backup power. Any electric service must meet state requirements. All facilities must provide a plan detailing utilities, disposal of sewage, wastewater, gray or black water, and a plan for employee restroom breaks. This plan must be received and approved by the City Building Department before the permit is issued.
h.
State health code compliance.
1.
All facilities must adhere to the current North Dakota Requirements for Food and Beverage Establishments in the preparation and service of the beverages.
5.
Exceptions. Nothing in this Subsection shall be construed so as to be retroactive to any existing beverage kiosks as of the effective date of this Subsection.
6.
Penalty. The City of Williston reserves the right to revoke or terminate any permit for beverage kiosks at any time by giving 30 days' written notice of such revocation or termination, except that the City may, at its election, revoke or terminate the permit at any time without giving any notice if the owner fails to comply with or abide by each and all of the terms and conditions of the permit. This Subsection shall become effective upon final passage and approval. Any violation of this Subsection shall result in a civil penalty of $1,000 per week.