Mobile Food Vending Ordinance and Policy Changes — File 208322

Ordinance Section Title Originial Amends (Shown here are changes or additions in bold, everything else is as is) Board of Alderman City Council Sec. 8-361. Definitions [The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Board means the Board of Alderman for the City of Somerville. Mobile food vendor means any mobile operation that stores, prepares, packages, serves, sells, or otherwise provides for human consumption any prepared or packaged food or beverages from a truck or cart, including ice cream and non-ice cream food and beverage products. Mobile food vendor license refers to the license to sell food issued under the authority of article XV of the City of Somerville's Code of Ordinances, and refers collectively to both a) ice cream truck vendor permits and b) food vendor licenses that are issued to businesses operating from a truck or cart. Mobile food vendor licensee means the holder of a mobile food vendor license. (Ord. No. 2012-08, 10-25-2012) Health Division of ISD means the Health Division of Inspectional Services Department Council means the City Council for the City of Somerville The City of Somerville means the City of Somerville Health Division of ISD, Economic Development Department, Police Department, Traffic and Parking, City Clerk, and Fire Department. Sec. 8-362 Mobile food vendor license required No person or business entity, including a religious or charitable organization, shall operate as a mobile food vendor in any public, private or restricted space without obtaining a license from the board of aldermen. Said license shall be conspicuously posted in a place that is visible to all customers. This provision shall not apply to mobile food operations that receive a temporary event permit from the board of health. (Ord. No. 2012-08, 10-25-2012) No person or business entity, including a religious or charitable organization, shall operate as a mobile food vendor in any public, private or restricted space without obtaining a license from the Health Division of ISD . Said license shall be conspicuously posted in a place that is visible to all customers. This provision shall not apply to mobile food operations that receive a temporary event permit from the board of health.

Sec. 8-363 Application for a mobile food vendor license The applicant must complete an application form prescribed by the city clerk. The fee for such permit shall be set in accordance with Chapter 40, Section 22F of the General Laws. The operator of the vehicle must provide a valid state hawker's license issued by the Commonwealth of Massachusetts and any applicable local board of health license before a mobile food vendor license will be issued by the City of Somerville. In the event a state hawker's license and/or an applicable board of health license is revoked and/or does not otherwise remain in effect, the mobile food vendor license shall automatically become void. If a state hawker's license and/or applicable board of health license is revoked and/or does not otherwise remain in effect, the licensee shall notify the city clerk that such license has been revoked and/or does not otherwise remain in effect. Failure to notify the city clerk within ten days that such license has been revoked shall constitute a violation of this article. (Ord. No. 2012-08, 10-25-2012) No change Sec. 8-364 Public hearing In no case shall a license required under this section be granted until after a public hearing is given to all persons interested therein. At least 14 days before the public hearing, notice of the application for such license shall be published in one or more newspapers in the city, and placed on the city website and cable wheel. The costs of any advertising shall be paid by the applicant at the time of application. These costs are in addition to the filing fee described in section 8- 363. (Ord. No. 2012-08, 10-25-2012) In no case shall a license required under this section be granted until after a public hearing is given to all persons interested therein. At least 14 days before the public hearing, notice of the application for such license shall be published in one or more newspapers in the city, and placed on the city website and cable wheel. The costs of any advertising shall be paid by the applicant at the time of application. These costs are in addition to the filing fee described in section 8-363. (Ord. No. 2012-08, 10-25-2012) Sec. 8-365 Renewal Every mobile food vendor license may be renewed annually upon payment of a renewal fee, provided that the mobile food licensee is in compliance with applicable requirements of this article. The fee for such renewal permit shall be set in accordance with Chapter 40, Section 22F of the General Laws. The renewal of a license does not guarantee renewal of previously approved route or location. (Ord. No. 2012-08, 10-25-2012) No change

Sec. 8-366 Criteria for issuance of license. In considering a mobile food vendor's application for a mobile food license, the board shall consider the public good and general welfare and convenience of the community, and shall take into account factors such as the sort of operation proposed (including the proposed menu, days and hours of operation, and location), any impact on the community with respect to such matters as noise, traffic, congestion, odors, sanitary and waste disposal facilities, parking, dust and fumes, the impact of the character of the neighborhood and city, and whether any articulable harm would follow from granting the license. Also, the board shall consider whether a public benefit would flow from proposed location and use, and the competitive or other impact on existing restaurants. (Ord. No. 2012-08, 10-25-2012) In considering a mobile food vendor's application for a mobile food license, the Health Division of ISD, Economic Development Department, Police Department, Traffic and Parking, City Clerk, and Fire Department shall consider the public good and general welfare and convenience of the community, and shall take into account factors such as the sort of operation proposed (including the proposed menu, days and hours of operation, and location), any impact on the community with respect to such matters as noise, traffic, congestion, odors, sanitary and waste disposal facilities, parking, dust and fumes, the impact of the character of the neighborhood and city, and whether any articulable harm would follow from granting the license. Also, the City shall consider whether a public benefit would flow from the proposed location and use, and the competitive or other impact on existing restaurants. (Ord. No. 2012-08, 10-25-2012) Sec. 8-367 Conditions of operation (a) The issuance of a mobile food vendor license does not grant to, or entitle, the licensee the exclusive use of any service route or location, in whole or in part, other than the time and place specified in the license or permit for the term of the license or permit. No change Sec. 8-367 Conditions of operation (b) Mobile food vendors are encouraged to provide consumers with compostable single-service articles, such as compostable forks, and paper plates, and a waste and recycling container for their disposal. No styrofoam products are permitted. Mobile food vendors are encouraged to use energy efficient resources. All mobile food vendors shall offer a waste container for public use that operators shall empty at their own expense. All adjacent streets, sidewalks and alleys within 100 feet shall be inspected regularly for purposes of removing any litter found. No change Sec. 8-367 Conditions of operation (c) Unless otherwise provided, no mobile food vendor licensee may operate between the hours of 9:00 p.m. and 8:00 a.m. (c) Unless otherwise provided, no moble food vendor licensee may operate outside of the hours indicated in their approved application. Sec. 8-367 Conditions of operation (d) The mobile food licensee shall comply with all applicable local rules, ordinances, and regulations, including but not limited to the board of health regulations, traffic and parking regulations, and noise ordinance. No change

Sec. 8-367 Conditions of operation (e) Mobile food vendors are encouraged to offer at least 25 percent healthy choice meal options as defined by the Somerville Health Department, except that menus providing only desserts/sweets or confectionary items are encouraged to offer at least one healthy option at all times of operation. No change Conditions of operation No materials of any kind may be placed on the public sidewalk, unless otherwise approved by the City Council. This includes, but is not limited to, tables, chairs, or other seating, A-frame signs, coolers, or promotional mateials. Conditions of operation The licensee is not allowed to park within 50 feet of an entrance of a restaurant unless operator has received written consent from the restaurant(s) owner(s). Conditions of operation At least one approved restroom facility for every 3 food handlers shall be provided whithin 200 feet of each food truck Sec. 8-368 Transfers (a) Transfers for value prohibited. A license issued under this article shall be personal to the applicant. No mobile food vendor licensee may transfer a mobile food vendor license, nor shall they sell, lend, lease or in any manner transfer a license for value. A transfer by merger, acquisition, or consolidation, or operation of law is prohibited. No change Sec. 8-368 Transfers (b) Unauthorized transfers. Any unauthorized transfers or attempt to transfer a license shall automatically void such permit. Whoever violates this provision shall be subject to a fine pursuant to section 1-11. (Ord. No. 2012-08, 10-25-2012) No change Sec. 8-369 Enforcement (a) Fine for violation. Any mobile food vendor licensee operating in violation of any provision within this section or any other rules and regulations promulgated by the board may be subject to a fine in accordance with subsection 1-11(b) of this article. Each day of violation shall constitute a separate and distinct offense under General Laws c. 40, section 21D. (a) Fine for violation. Any mobile food vendor licensee operating in violation of any provision within this section or any other rules and regulations promulgated by the City may be subject to a fine in accordance with subsection 1- 11(b) of this article. Each day of violation shall constitute a separate and distinct offense under General Laws c. 40, section 21D.

Sec. 8-369 Enforcement (b) Revocation, suspension, modification. The board may modify a mobile food vendor license, including an approved location, (i) at any time before the issuance of a mobile food vendor license, (ii) if after the issuance of such license, for cause, after reasonable notice to the licensee of the grounds for the proposed modification and the time and place of the hearing regarding such proposed modification, or iii) by request of the licensee, subject to board approval. The board may suspend, revoke, or decline to renew a mobile food vendor license for cause, after reasonable notice to the licensee of the grounds for the proposed action and the time and place of the hearing regarding such proposed action. (b) Revocation, suspension, modification. The City of Somerville, may modify a mobile food vendor license, including an approved location, (i) at any time before the issuance of a mobile food vendor license, (ii) if after the issuance of such license, for cause, after reasonable notice to the licensee of the grounds for the proposed modification. Health Division of ISD may suspend, revoke, or decline to renew a mobile food vendor license for cause, after reasonable notice to the licensee of the grounds for the proposed action and the time and place of the hearing regarding such proposed action. Sec. 8-369 Enforcement (c) Enforcement. The provisions of this section or any rules and regulations promulgated by the board may be enforced by the police department and inspectional services division. (c) Enforcement. The provisions of this section or any rules and regulations promulgated by the City may be enforced by the police department, traffic and parking and inspectional services division. Sec. 8-369 Enforcement (d)Unless otherwise indicated, changes to the mobile food vendor locations and hours are subject to Ward Council approval Sec. 8-370 Additional conditions and restrictions The terms of every mobile food vendor license issued pursuant to this section shall be subject to such further restrictions and conditions as the board of aldermen shall impose. (Ord. No. 2012-08, 10-25-2012) The terms of every mobile food vendor license issued pursuant to this section shall be subject to such further restrictions and conditions as the City of Somerville shall impose. Sec. 8-371 Applicability of mobile food truck vendor provisions. This article shall not apply to a food truck vendor who lawfully operated under a hawker and peddler license at the time of the enactment of the mobile food vendor ordinance. (Ord. No. 2013-06, 6-26-2013) No Change Sec. 8-372 Appeals (a) The City of Somerville Enforcing Officer shall review vendor violation appeals and establish rules and regulations as appropriate. Appeals (b)The City Council shall review all other appeals and establish rules and regulations as appropriate.