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ORDINANCE NO.2784
AN ORDINANCE AMENDING CHAPTER 5.07 OF THE MOSES LAKE MUNICIPAL CODE
ENTITLED "ITINERANT MERCHANTS AND VENDORS"
THECITYCOUNCIL OFTHECITYOFMOSES LAKE,WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Chapter 5.07 ofthe Moses Lake Municipal Code entitled "Itinerant Merchants and Vendors"is
amended as follows:
Section 2.Thetitle ofChapter 5.06 oftheMoses Lake Municipal Code ischanged from "Itinerant Merchants
and Vendors"to "Mobile and Street Food Vendors"
5.07.010 License Required:It shall be unlawful for a mobile orstreet vendor toengage in businesswithin
the City of Moses Lake except when licensed asa mobile or street vendor as defined in this
chapter.
5.07.020 Definitions:The following terms and definitions shall beusedin the administration ofthis chapter.
A."Mobile Vendor"shall mean any person,firm,or corporation,whether as owner,agent,
consignee,or employee,whether a resident ofthe City or not,who engages in a business of
selling and delivering food from a vehicle or other motorized conveyance upon privately or
publicly owned property including any public street,sidewalk,alley,orpublic way oftheCity.
A person,firm,or corporation so engaged shall not be relieved from complying with the
provisions ofthis chapter merely by reason of associating temporarily with any local dealer,
trader,merchant,orauctioneer,orbyconducting such temporary business in connection with,
as part of,orinthe name of any local dealer,trader,merchant,or auctioneer.
B."Food"shall have its usualand ordinary meaning,and shall include all items designed for
human consumption,including,butnotlimited to,candy,gum,popcorn,hotdogs,sandwiches,
peanuts,soft drinks,frozen concessions,nonalcoholic beverages,and dairy products.
Products regulated bytheWashington State Liquor andCannabis Board maynotbe sold by
mobile or street vendors.
C. "Authorized Concession Stand" shall mean a concession stand operated ormaintained forthe
sale of food or merchandise,inthe publicparks of the City,oron other public property,bythe
City or in accordance with a City-approved agreement or franchise.
D."Public Celebration" shall mean the Spring Festival activities customarily celebrated in and
around McCosh Park and other areas of the City,as well as any other time of public
celebration.
E. "Special Event" shall mean an event forwhich the Cityhas authorized use of City facilities for
use by vendors,such as the Farmers Market.
F."Street Vendor"shall mean a vendor selling food within a public or private parking lot,
pedestrian plaza, public street,alley,sidewalk,public right-of-way, or public property, using a
non-motorized cart or temporary structure.
5.07.030 Exemptions:The provisions of this chapter shall not be construed to apply to the following:
A.Persons selling only fruits,vegetables,berries,eggs,or any farm produce.
B.Persons selling only trees used for the celebration of the Christmas season.
C.Non-profit organizations with local affiliations
5.07.040 Application:Any person,firm,or corporation desiring to secure a license as a mobile or street
vendorshall makeapplicationtothe City,on forms to be provided bythe City,at least fourteen (14)
ORDINANCE NO.2784
PAGE 2 October 13,2015
days before the requested start date of the business.Such application shall provide:
A.The name or names and address of the applicant,vehicle license numbers of all vehicles or
a description of the conveyance from which the applicant proposes to conduct business;
description of the general type of food proposed to be sold by the applicant.
B. Each applicationshall be accompanied withthe license fee as provided forinthis chapter.
C. Eachlicenseapplication for amobileorstreetvendorshallbe accompanied with the following
information to establish compliance withthis chapter and other applicable codes:
1. A statement explaining the method of trash and litter disposal being proposed by the
vendor
2.Washington State Tax Number
3. Proofof general liability and/or vehicle liability insurance coverage,per MLMC 5.07.045
5.07.045 Insurance:The licensee shallobtain and maintain publicliability and propertydamage insurance
inthe amount of one million dollars ($1,000,000)whichshallremainin full force and effect during
the duration of the license.The insurance policy shall name the City as an additional named
insured and the policyshall not be canceled or reduced without prior written notice to the Cityas
least thirty (30)days in advance of the cancellation. Proof of insurance shall be provided as a
condition of issuance of the license.
5.07.050 Investigation and Determination: Upon receipt of such application,the Community Development
Directorshall cause such investigation of such person or persons'business responsibility to be
made as is deemed necessary forthe protection of the public good and shall refer the applicationtotheCommunityDevelopmentDepartmentforitsdeterminationastocompliancewithstandards f**)
and requirements of this chapter.An application shall be denied by the Community Development
Director upon written findings that the applicant's business responsibility is unsatisfactory or that
the proposed business activity will violate any applicable law, rule, or regulation.Any license
issued under this chapter shall contain the numberon the license,the date same was issued,the
nature of the business authorized to be carried on,the amount of license fee paid,the expiration
date of said license,and the name or names of the person or persons authorized to carry on the
same.The Community Development Department shall keep a record of all licenses issued under
this chapter and shall promptly provide the Washington State Department of Revenue a copy of
any license issued under this chapter.
5.07.060 Fees:
A. An initial application fee of one hundred fifty dollars ($150) shall be submitted with all
applications foreach vehicle,conveyance,or stand. The renewal fee fora mobile or street
vendor license shall be the same as a standard business license,provided there has been no
interruption in maintaining the mobileorstreet vendor licenses of the vehicles,conveyances,
or stands.
B.Any license issued under the provisions of this chapter shall expire December 31st ofthe year
it is issued.
C.In addition to the application fee, the applicant shall pay a one-time fee of one hundred five
dollars ($105)to helpdefraythe cost ofscreening the applicantforthe license.Fingerprinting
costs are included in the screening fee.
5.07.070 Exhibiting of License/Transfer:
Any license issued under this chapter shall be posted conspicuously upon all vehicles,
conveyances,ortemporarystructures from whichamobileorstreetvendorconducts business.
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B. Any license issued under this chapter shall not be transferred to any other person,firm,or
(I corporation.
5.07.080 Compliance with Regulations:All food vendors shall comply with alllaws, rules, and regulations
regarding food handling,and allvehicles,conveyances,and stands used forthe sale of food shall
comply with allapplicable laws, rules, and regulations respecting such vehicles,conveyances,or
stands as established by the Grant County Health District,the Washington State Motor Vehicle
Code,and as set forth in the Moses Lake Municipal Code.
5.07.090 Mobile and Street Vendor Standards:All mobile and street vendors licensed under this chapter
shall conform to the following standards:
A. No mobile orstreet vendor shall operate from one (1)location ina residential zone as defined
inTitle 18 of the Moses Lake Municipal Code for longer than fifteen (15)minutes at a time.
B. No mobile or streetvendor shall locate hisor her vehicleorconveyance inthat portionof public
rightofway abutting privatepropertywithoutthe writtenpermission ofthe ownerofthe abutting
private property. No food shall be offered, displayed, orsold, and no customers served,inany
vehicle travellane. Atemporary stand shallnot be located withintwenty feet (20')of any public
right-of-wayorwithintwenty feet (20')of the intersection of any publicright-of-wayand private
driveway.
C. No signs or signage shall be permitted other than that which can be contained on the vehicle
or conveyance utilized or as otherwise allowed.
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D. Novehicle, other conveyance or temporary stand shallbe located closerthan twenty feet (20')
from any building or structure.
E. No vehicle, other conveyance or temporary stand shall locate closer than fifty feet (50')from
flammable combustible liquidor gas storage and dispensing structures.
F. Allmobile and street vendors shall have at least one (1)adequately sized garbage receptacle
upon the site of business or on the vehicle or conveyance for customer use.
G.Sites used by mobile or street vendors shall be cleaned of alldebris, trash, and litter at the
conclusion of daily business activities.
H.Allvehicles, other conveyances,ortemporary stands shallbe equipped withatleast one 2A-40
BC fire extinguisher.
I.No mobile or street vendor shall sell or vend from his or her vehicle or conveyance:
1.Within four hundredfeet (400')of any public or private school grounds during the hoursof
regular school session,classes,orschool related events insaid public or private school,
except when authorized by said school.
2. Within one hundred fifty feet (150') of the entrance to any restaurant, cafe, or eating
establishment during business hours of the eating establishment,unless the eating
establishment has providedwrittenpermissionto the vendor to locate closer.The vendor
shall produce the written permission for inspection if required to do so by any authorized
City official.
3. Within three hundred feet (300')of any publicparkof the Citywhere any Cityauthorized
concession stand is located during times other than during the course of a public
celebration except as approved by the Parks and Recreation Department of the City.
4. Within three hundred feet (300') of any public park of the Citywhere any City authorized
concession stand is located during the course of a public celebration when non-profit
organizations are permittedto engage inthe sale of merchandise and food insuch park.
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PAGE 4 October 13,2015
5. Within three hundred feet (300')of any public park or other public space during a special
event for which organizations are permitted to sell merchandise and/or food in the park or
public space for a fee,unless the mobile or street vendor obtains written permission from
the coordinator of the event.
J.No mobile or street vendor shall conduct business so as to violate the traffic and sidewalk
ordinances of the City as now in effect or hereafter amended.
K. No mobile or street vendor shall obstruct or cause to be obstructed the passage of any
sidewalk,street,avenue,alley or any other public place,by causing people to congregate at
or near the place where goods,wares,food, or merchandise of any kind is being sold or
offered for sale.
5.07.100 Revocation or Denial of License:Any license pursuant to this chapter may be revoked or denied,
inwriting, by the Community Development Director for any of the following causes:
A. Anyfraud,misrepresentation,or false statement contained in the application for license.
B. Any fraud,misrepresentation,or false statement made in connection with the selling of
products.
C. Any violation of this chapter.
D.Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
E.Conducting the business licensed under this chapter in an unlawful manner or in such a
manner as to constitute a breach of the peace or to constitute a menace to the health,safety,
or general welfare of the public.
5.07.130 Duty of Building Official to Enforce:Itshall be the duty of the Building Official of the City of Moses
Lake and his designee to examine all places of business and persons subject to the provisions of
this chapter,to determine ifthis chapter has been complied with and to enforce the provisions of
this ordinance against any person found to be violating the same.
5.07.140 General Fund:All funds received by the City under the terms of this chapter shall be paid into the
General Fund of the City and budgeted annually for any municipal purpose,as required by law.
5.07.150 Fees Collected by Court:The City shall have the power to institute suit or action in any court of
competent jurisdiction for the purpose of collecting any license fees that are due and payable.
Adopted by the City Council and signed by its Mayor on October 13,2015.,a
&XJi SB:j&tt^UJZ—
Dick Deane,Mayor
APPROVED AS TO FORM:
KatfTerine L.'Kenison,City wtorney