HomeMy WebLinkAbout1137_Amend_Mobile Food Vendor PermittingH*� Tulsa County Clerk - Michael Willis
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO.1137
AN ORDINANCE AMENDING PART 9, LICENSING AND BUSINESS REGULATIONS,
CHAPTER 3, MOBILE FOOD VENDORS, OF THE CODE OF ORDINANCES OF THE CITY
OF OWASSO, OKLAHOMA
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT, TO -WIT:
SECTION ONE: Part Nine, Licensing and Business Regulations, Chapter Three, Mobile
Food Vendors, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be
amended to read as follows:
SECTION 9 -301 DEFINITIONS
The listed terms and phrases, as used in this section, shall be defined as follows:
1. Permit: The written authority of the City, issued by its duly authorized agent, employee or
officer, conferring permission on some person to pursue and exercise a trade,
occupation, or business for a definite period of time within the limits of the City, under the
conditions prescribed by ordinance.
2. Food Truck /Trailer Mobile Food Vendor: A Mobile Food Vendor operating from a vehicle,
trailer, or cart that is designed and equipped to prepare, cook, and serve open food
products. Typically moves to different locations daily and operates in non - residential
areas. Does not stay in one (I) location longer than seventy -two (72) hours within a thirty
day period.
3. Pre - Packaged Mobile Food Vendor: A Mobile Food Vendor operating from vehicle or
trailer that is limited to the sale of commercially manufactured pre - packaged products
or products that are prepared and packaged at a licensed food service establishment.
These vendors typically travel into residential areas. Does not stay in one (1) location
longer than seventy -two (72) hours within a thirty day period.
4. Stationary Food Vendor: A non - permanent Mobile Food Vendor serving in one (1)
location for a temporary period of time. Can be a truck, trailer, or cart. Stationary food
Vendors stay in one location (1) for longer than seventy -two (72) hours within a thirty day
period and therefore must obtain a Temporary Use Permit (TUP) from the Community
Development Department.
SECTION 9 -302 ISSUANCE
The issuance of all permits, collection of all permit fees, and the enforcement of permit
conditions and revocation of permits, shall be under the jurisdiction of the City Clerk, except
where such duties are placed elsewhere by the ordinance prescribing the particular permit.
No permit for Food Truck /Trailer Mobile Food Vendors shall be issued until a satisfactory
application has been submitted and approved, the required permit fee has been paid to the
City Clerk and all other conditions and requirements under this section have been satisfied.
SECTION 9 -303 GENERAL REQUIREMENTS
A. Mobile Food Vendors shall not remain in any location for more than seventy -two (72) hours
within a thirty day period. Mobile Food Vendors that remain in a location for more than
Ordinance 1137
Page 1 of 4
S
seventy -two (72) hours in a thirty day period shall be considered Stationary Food Vendors and
shall follow the regulations contained in this chapter.
B. No Mobile Food Vendor/ Stationary Food Vendor shall park their vehicle or equipment on any
City street while selling, or offering to sell, any product. Vendors participating in any City of
Owasso events or approved Special Events shall not be subject to this requirement.
C. Any Mobile Food Vendor shall require written approval from the Owasso City Manager before
locating in any City of Owasso parks or upon any City of Owasso property. Vendors
participating in any City of Owasso events or approved Special Events shall not be required
to obtain City Manager approval.
D. It shall be unlawful for any mobile food vendor to locate their vehicle or equipment upon, or
otherwise sell their products from, any property without obtaining permission from the owner
of that property.
E. All sales within Owasso City Limits shall be reported to the Oklahoma Tax Commission as
Owasso sales.
F. Mobile Food /Stationary Food Vendors shall be subject to City of Owasso Noise and Nuisance
Ordinances.
G. No person associated with a food vending operation shall distribute, deposit, place, throw or
cast any commercial handbill.
H. Mobile Food Vendors shall not have a drive -thru window.
1. No banners, flags, snipe sign, feather flags or other illegal signage shall be allowed.
J. No parking in or blocking a Fire Lane.
K. Allowable hours of operation are 7:00 AM to 10:00 PM.
L. A clearly designated waste container shall be provided for customers.
M. Public roads, sidewalks, alleys or other public ways shall not be blocked.
N. No Mobile Food Vendor or Stationary Food Vendor shall leave or permit to be left, any fat, oil,
grease, refuse or other discarded objects and shall follow City of Owasso Ordinances in
relation to Fats, Oils or Grease.
O. No Mobile Food Vendor or Stationary Food Vendor shall not create any traffic, nuisance or
other public safety issues.
P. Pre - Packaged Mobile Food Vendors traveling into residential areas are subject to background
screenings for all operators.
Q. No outdoor speakers or amplified music.
SECTION 9 -304 APPLICATION REQUIRED
Applicants for any mobile food vending permit must complete and submit an application
provided by the City Clerk which shall include no less than the following information and
attachments:
1. Name and current address of the individual, business, or organization, to include
phone and email contact information;
2. Valid and current driver's license or State - issued identification card of vendor;
3. Vehicle information relating to vehicles used in the vending, to include make, model,
year, tag number;
4. Valid and current State Sales Tax Permit information, unless the applicant can prove to
the City Clerk's satisfaction that such permit is not mandated under the definition of
the State Tax Code;
5. Valid County and /or State health department licensing information.
SECTION 9 -305 DISPLAY OF PERMIT
All mobile food vendors issued a permit under this section shall plainly display the license on the
mobile food vending vehicle or equipment where it may be readily seen by any City official,
Ordinance 1137
Page 2 of 4
law enforcement officer or other regulatory official, and by any person or customer
approaching the vendor's vehicle or mobile food vending equipment.
SECTION 9 -306 PERMIT RECORD
The City Clerk shall maintain a record of all mobile food vending permits issued under this section
showing the date of the issuance, the person to whom the permit was issued, the time period
covered by the permit.
SECTION 9 -307 PERMIT FEES
The fees which shall be charged for Mobile Food Vendor permits shall include the cost of a
background check, if applicable, and shall be established by resolution of the City Council.
SECTION 9 -308 TRANSFER OF PERMIT PROHIBITED
No mobile food vending permit may be sold or otherwise transferred.
SECTION 9 -309 REPLACEMENT OF LOST PERMIT
Whenever an original permit has been lost or destroyed, the City Clerk shall issue a duplicate
license. The fee for issuance of a duplicate permit shall be set by Resolution of the City Council.
SECTION 9 -310 GROUNDS FOR DENIAL OR REVOCATION OF PERMIT
Applications and permits for mobile food vending may be denied or revoked for any of the
following reasons:
A. Fraud, misrepresentation, or false statement contained in application for permit or in
the course of business.
B. Conducting the business of mobile food vending in an unlawful manner, or in such a
manner as to constitute a breach of the peace, or to constitute a menace, danger or
hazard to the health, safety, or general welfare of the public.
C. Revocation, suspension, or failure to renew necessary state and county health
department licenses or Oklahoma Tax Commission permit.
D. Conviction of any violent felony within the past ten (10) years.
SECTION 9-311 PROCESS OF REVOCATION OR DENIAL OF PERMIT AND APPEAL
The City Clerk's office shall either give written notice by personal service or by mail to the
operator of the denial or revocation of the permit. The notice, if mailed, shall be mailed to the
address listed on the application.
The permit shall stand revoked or denied from the date the notice is delivered by personal
service or received by the licensee by mail.
The owner may appeal a denial or revocation to the City Manager within ten (10) days of
receipt of the notice by filing a written request with the City Clerk for a hearing.
The hearing shall be conducted by the City Manager. The appealing licensee may be
represented by counsel.
The hearing shall be conducted in an informal manner, but no license shall be revoked or
denied except upon a preponderance of the evidence. The City Manager may affirm, modify
or vacate the order of revocation or suspension, and his decision shall be final.
Ordinance 1137
Page 3 of 4
SECTION 9 -312 PENALTY
Any person who engages in mobile food vending without a valid permit as required, or who
violates any provision of this section, is guilty of an offense and upon conviction shall be fined,
including costs. Each day upon which a violation continues to occur shall be deemed a
separate offense.
SECTION TWO: REPEALER
All ordinances, or parts of ordinance, in conflict with this ordinance are hereby
repealed to the extent of the conflict only.
SECTION THREE: SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective,
the remaining portion shall not be affected by shall remain in full force and effect.
SECTION FOUR: DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of
final passage as provided by state law.
SECTION FIVE: CODIFICATION
The Chapter and Ordinances above shall be amended and codified in Part 9, Chapter
3, Sections 9 -301 through 9 -312, in the Owas of Ordinances.
i >sso
APPROVED by the City Ci of ass lahoma on the
20th day of November, 2018.
rG
u• °(4 hris elley,Mayor
ATTEST:(I]�JAAW V 0.
Juliann M. Stevens, City Clerk
(SEAL)
APPROVED as to FORM: a"('� / '4'
Jur Lombardi, City Attorney
Ordinance 1137
Page 4 of 4
WrI eekly
Group
CITY OF OWASSO /LEGALS
Alto Julie Stevens
PO BOX 180
OWASSO, OK 74055
Owasso Reporter • Sand Springs Leader
Skiatook Journal
Wagoner County American - Tribune
OKLAHOMA WEEKLY GROUP
P.O. BOX 1770
TULSA, OK 74102 -1770
Account Number
1015023
Date
December 05, 2018
Date Category Description Ad Size Total Cost
12105/2018 Legal Notices ORDINANCE 1137 2 x 244.00 CL 312.32
on ��,C'k
P �oQ�l
Affidavit of Publication
1, Melissa Marshall , of lawful age, being duly
sworn, am a legal representative of the Owasso Reporter of Owasso,
Oklahoma, a weekly newspaper of general circulation in Tulsa
County, Oklahoma, a legal newspaper qualified to publish legal
notices, as defined in 25 O.S. § 106 as amended, and thereafter, and
complies with all other requirements of the laws of Oklahoma with
reference to legal publication. That said notice, a true copy of which
is attached hereto, was published in the regular edition of said
newspaper during the period and time of publication and not in a
supplement, on the DATE(S) LISTED BELOW
12/05/2018
Newspaper reference: 0000529398
tvl- ::7� Z
gal Representative
Sworn to and subscribed before me this date:
DEC_ 0 5 201A
----------------------------------
01VA NANCY CAROL MOORS
Notary Public Notary Public
State of Oklahoma
Commisalon @ 06017664 Expires 12106122
My Commission expires: DEC 0 8 2022
SB398
Published in the Owasso Reporter, Owosso, Tulsa County,
Oklahoma, December 5, 2018
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO.1137
AN ORDINANCE AMENDING PART 9, LICENSING AND
BUSINESS REGULATIONS, CHAPTER 3, MOBILE FOOD
VENDORS, OF THE CODE OF ORDINANCES OF THE
CITY OF OWASSO, OKLAHOMA
NOW, THEREFORE, BE IT ORDAINED BY THE COUN.
CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO.
WIT:
SECTION ONE: Part Nine, Licensing and Business Regula.
tions, Chapter Three, Mobile Food Vendors, of the Code of
Ordlnonces of the City of Owasso, Oklahoma, shall be amend.
ed to read as follows:
SECTION 9-331 DEFINITIONS
The listed terms and Phrases, as used in this section, shall be
defined as follows:
1. Permit: The written authority of the City, Issued by its
duty authorized agent, employee or officer, conferring
permission on some Person to Pursue and exercise a
turtle, occupation, or business far a definite Period of
time within the limits of the City, under the conditions
prescribed by ordinance.
2. Food Truck /frailer Mobile Food Vendor: A Mobile
Food Vendor operating from a vehicle, trailer, or cart
that Is designed and equipped to Prepare, cook, and
serve open food products. Typically moves to different
locations dally and-operotes In non - residential areas.
Does not stay in ogre (1) location longer than seventy.
two (72) hours within a thirty day period.
3. Pre-packaged Mobile Food Vendor: A Mobile Food
Vendor Operating from vehicle or trailer that Is limited
to the sole of commercially manufactured pre- pockaged
Products or Products that are Prepared and Packaged at
a licensed food service establishment. These vendors
typically travel Into residential areas. Does not stay in
one (1) location longer than seventy -two (72) hours
within a thirty day Period.
d. Stationary Food Vendor: A nen•permonent Mobile Food
Vendor serving In one (1) location for a temporary Per)-
ad of time. Can be a truck, trailer, or cart. Stationary
Food Vendors stay in Pre location (1) far longer than
seventy-two (72) hours within a thirty day period and
therefore must obtain o Temporary Use Permit (TUP)
from the Community Development Department.
SECTION 9 -302 ISSUANCE
The Issuance of all Permits, collection of all permit less, and
the enforcement of permit conditions and revocation of per-
mits, shall be under the Iurlsdictlon of the City Clerk, except
where such duties are Placed elsewhere by the ordinance
Prescribing the Particular permit.
No Permit for Food Truck/Traller Mobile Food Vendors shall
be issued until a satisfactory application has been submitted
and approved, the required permit fee has been paid to the
City Clerk and all other conditions and requirements under
this secion hove been satisfied.
SECTION 93(13 G N RA R OUIR M NT
A. Mobile Foal Ventlors shall not remain In any location for
more than seventy-two (72) hours within o thirty day neri-
od. Mobile Food Vendors that remain in a location for
more than seventy -two (72) hours in o thirty day Period
shall be considered Stationary Food Vendors and shall fol.
low the regulations contained In this chapter.
B. No Mobile Food Vendor/ Statlonocy.Food Vendor shall
Park their vehicle or equipment on dnyl City street whild -'
selling, or offering to sell, any Product: Vendors porticipat.
ing In any City of Owasso events or approved Special
Events shall not be sublect to this requlrement.
C. Am, Mobile Fund Vender shall —,.I— w.Ms . I
of Dwasso Parks or upon A
Vendors participating In any
Proved Special Events shall
mobile . food vendor to locate
saan, or otherwise sell their
Without obtaining Permission
ty.
I Limits shall be reported to
Mobile FoodfStatlomry Food Vendors shall be sublect to
City of Owasso Holm and Nuisance Ordinances.
G. No person associated with a food vending operation shall
distribute, deposit Place, throw or cast any commercial
handbill.
H. Mobile Food Vendors shall not have a drive -thru wind...
I. No banners, flags, spire sign, feather flags or other Illegal
signage shall be allowed.
J. No Parking in or blocking o Fire Lane.
K.Allowable hours of omrptl.n are 7:00 AM to 10:00 PM.
L. A clearly designated waste container shall be Provided for
customers.
M. Public roads, sidewalks, alleys or other public ways shall
rut be blocked.
N. No Mobile Food Vendor or Stationary Food Vendor shall
leave or permit to be left, any fat oil, orease, refuse or
other discarded obiecis and shall follow City of Owosso Or.
dinances in relation to Fats, Oils or Grease.
0. No Mobile Food Vendor or Stationary Food Vendor shall
not create any traffic, nuisance or other Public safety is-
sues.
P. Pre - Packaged Mobile Food Vendors traveling Into resident.
flat areas are subiect to background screenings for all ohs
erators.
Q. No outdoor speakers or amplified music.
SECTION 9 -30d APPLICATION REQUIRED
Applicants for any mobile food vending Permit must com-
Plete and submit an application provided by the City Clerk
which shall Include no less than the following Information and
attachments:
1. Nome and current Address of the individual, business,
or organization, to include phone and email contact In.
formation;
2. Valid and current driver's license or State - Issued Identi.
Portion card of Vendor;
3. Vehicle Information relating to vehicles used in the
vending, to Include make, model, year, tae number;
d. Valid and current State Sales Tax Permit Information,
unless the applicant can prove to the City Clerk's satis-
faction that such Permit is not mandated under the defi-
nition of the State Tax Code;
S. Valid County and'or State health department licensing
Information.
SECTION 9305 DISPLAY OF PERMIT
All mobile food vendors issued a Permit under this section
shall Plainly display the license on the mobile food vending
vehicle or equipment where It may be readily seen by any
City official, law enforcement officer or other regulatory of.
ficlol, and by any person or customer approaching the vendo-
r'a vehicle or mobile food vending equipment.
SECTION 9 -306 PERMIT RECORD
The City Clerk shall maintain a record of all mobile food
vending Permits Issued under this section shoving the date of
the Issuance, the Person to whom the Permit was Issued, the
time period covered by the Permit.
SECTION 9.30] PERMIT FEES
The fees why h shall be Charged for Mobile Food Vendor per.
MRS shall Iaflode'tbe,CUSt of o background check, If applico-
ble, and shill be established by resolution of the City Council.
SECTION 9308 TRANSFER OF PERMIT PROHIBITED
No mobile food vending permit may be sold or otherwise
transferred.
SECTION 9 -309 R PLAC M NT OF O T P RMIT
Whenever an original Permit has been Jost or destroyed, the
City Clerk shall Issue o duplicate Incense. The fee for Issu-
ance of a duplicate permit shall be set by Resolution of the
City Council.
SECPERMIT TION 8310 GROUNDS FOR DENIAL OR R VOCATION
OF
Applications and permits for mobile food May be tle-
nietl or revoked for any of the fallowing as
reons: ns:
A. Fraud, misrepresentation, or false statement contained
In application for permit or In the course of business.
B. Conducting the business of mobile food vending In on
unlawful manner, or in such a monner as to constitute a
breach of the peace, or to constitute a menace, danger
or hazard to the health, safety, or general welfare of
the Public.
C. Revocation, suspension, or failure to renew necessary
state and county health department licenses or Oklaho.
ma Tax Commission Permit.
D. Conviction of any violent felony within the Past ten (10)
years
SECTION P p 9311 PROCESS OF REVOCATION OR DENIAL
The City Clerk's office shall he op give written nonce by per -
canol service or mi moll to the operator of the denial or malted cation r the Permit. The notice, if mulled, shall be malletl to
the address listed an the applicallan.
The Permit shall stand revoked or denied from the date the
notice is delivered by Personal service or received by the fl.
ceases by mall.
The owner may appeal a denial or revocation to me City
Manager within ten (10) days of receipt of the notice byfiling
a written request with the City Clerk for a hearing.
The hearing shall be conducted by the City Manager. The ap-
pealing licensee may be represented by counsel.
The hearing shall be conducted In an Informal manner, but
no license shall be revoked or denied except upon a Prepon.
durance of the evidence. The City Manager may offirm,
modify or vacate the Order of revocation or suspension, and
his decision shall be final.
In mobile food vending
or who violates any Pr,
offense and upon conic
Each day upon which a
rume, in mmilR Wlm rms Or-
'he extent ofthe conflict only.
RABILITY
lance are deemed unconstitu.
B remaining Portion shall not
nl force and effect.
ING AN EFFECTIVE DATE
shall become effective thirty
Passage as Provided by state
FIVE: CODIFICATION
or and Ordinances above shall be amended and co-
art 9, Chapter 3, Sections 9.301 through 9.312, In the
de of Ordlnaoces.
PASSED AND APPROVED this 20th day of November, 2018.
7s/ Chris Kelley, Mayor
ATTEST: Attest: /s/ Juliann M. Stevens, City Clerk
APPROVED AS TO FORM:h/ Juile Lombardi, City Attorney
sd
gpp,4�OA O$�
REAL peapla • REAL Lharader • REAL Communiry
TO: The Honorable Mayor and City Council Aq011 `d 201 C'(
8
FROM: Morgan M. Pemberton
Assistant City Planner
SUBJECT: Ordinance 1137 and Resolution 2018 -13
Amending Part 9, Chapter 3, Mobile Food Vendors
Owasso Code of Ordinances
DATE: November 16, 2018
BACKGROUND:
Over the last several months, staff has been going through the process of updating Part 9,
Chapter 3, of the Code of Ordinances. This chapter sets requirements for mobile food vendors in
Owasso. In the last few years, the popularity of food trucks has increased, leading to a significant
increase in the number of mobile food vendor permits requested and issued by the City Clerk.
In June 2018, the Council adopted the new Owasso Zoning Code (Ordinance 1131). The new
code introduced the Temporary Use Permit (TUP) that, under certain circumstances, applies to
some mobile food vendors, so as to clarify and streamline the mobile food vendor permitting
process.
A draft of the proposed edits to Part 9, Chapter 3 of the Code of Ordinances was presented to
the City Council during the August Work Session. After discussion, staff edited the proposed
changes to address Council's concerns expressed during the work session and presented a
revised version to Council for further discussion during the September and October work session
meetings.
PROPOSED ACTION:
Staff is proposing approval of an Ordinance amending the Mobile Food Vendor Chapter, and a
Resolution setting related fees. A summary of the changes to this chapter, including those
driven by City Council discussion are as follows:
• New definitions for mobile food vendors will better reflect the types of mobile food
vending that are most often seen in Owasso, creating three (3) classifications of mobile
food vendors that must acquire a Mobile Food Vendor Permit from the City Clerk's office.
• Stationary food vendors are defined as any type that stays in one (1) location for longer
than seventy -two (72) hours within a thirty (30) day period. All stationary food vendors
would be required to get a Temporary Use Permit (TUP) from the Community
Development Department.
• Background checks would only apply to those mobile food vendors who intend to
operate in residential neighborhoods, such as ice cream trucks.
• The annual fee for a mobile food vendor permit that does not require a Temporary Use
Permit is $25.
• The annual fee for stationary mobile food vendors that do require a Temporary Use
Permit is $250 for 1 -120 days of operation or $500 for 121 -365 days of operation.
• Mobile food vendors will not be allowed to have a drive -thru window. Stationary food
vendors are permitted to have a drive-thru window in conformance with requirements
contained in the Owasso Zoning Code.
RECOMMENDATIONS:
Staff recommends approval of Ordinance 1137, amending Part 9, Licensing and Business
Regulations, Chapter 3, Mobile Food Vendors, of the Code of Ordinances of the City of Owasso,
Oklahoma.
Staff further recommends adoption of Resolution 2018 -13, establishing fees related to Mobile
Food Vendor permits.
ATTACHMENTS:
Ordinance 1137
Resolution 2018 -13
Staff memorandum dated October 5, 2018