024 of 2012 - Adopting a new Chapter 5.69 to recognize mobile food businesses as a permitted or conditional use. 0 12-1
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SALT LAKE CITY ORDINANCE
No. 24 of 2012
(An ordinance amending portions of Title 21A and Title 5 of the Salt Lake City Code
concerning the operation of mobile food businesses in Salt Lake City)
An ordinance amending sections 21A.62.040 (Zoning: Definitions: Definitions of
Terms); and 21A.36.160 (Zoning: General Provisions: Mobile Businesses) of the Salt Lake City
Code and adopting a new section 21A.36.161 (Zoning: General Provisions: Mobile Food
Courts); and adopting a new chapter 5.69 (Business Taxes, Licenses and Regulations: Mobile
Food Business in the Public Right of Way) to the Salt Lake City Code pursuant to Petition No.
PLNPCM2010-00466 to recognize mobile food businesses as a permitted or conditional use in
certain zoning districts.
WHEREAS, the Salt Lake City Planning Commission ("planning commission") held a
public hearing on January 11, 2012 to consider a request made by Mayor Ralph Becker (Petition
No. PLNPCM2010-00466) to amend and adopt the sections of Title 21A identified herein and to
adopt a new chapter 5.69 of the Salt Lake City Code to recognize mobile food businesses as a
permitted or conditional use in certain zoning districts; and
WHEREAS, at its January 11, 2012 hearing, the planning commission voted to transmit a
positive recommendation to the Salt Lake City Council ("city council") on said application; and
WHEREAS, after a public hearing on this matter the city council has determined that the
following ordinance is in the city's best interests,
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending text of Salt Lake City Code section 21A.62.040. That section
21A.62.040 of the Salt Lake City Code (Zoning: Definitions), shall be, and hereby is, amended,
in pertinent part, such that the following new definitions shall be inserted in alphabetical order to
read as follows:
MOBILE FOOD BUSINESS: A "mobile food business" is a business that serves food
or beverages from a self contained unit either motorized or in a trailer on wheels, and
conducts all or part of its operations on premises other than its own and is readily
movable, without disassembling, for transport to another location. The term "mobile food
business" shall not include vending carts or mobile ice cream vendors.
MOBILE FOOD COURT: A "mobile food court" is a parcel of land where two or more
mobile food businesses congregate to offer food or beverages for sale to the public. Any
cluster of more than one mobile food business, vending cart and seasonal farm stand,
located on the same parcel of land shall be considered a mobile food court.
MOBILE FOOD TRUCK: A "mobile food truck" is a mobile food business that serves
food or beverages from an enclosed self-contained motorized vehicle. The term "mobile
food truck" shall not include vending carts, mobile food trailers or mobile ice cream
vendors.
MOBILE FOOD TRAILER: A "mobile food trailer" is a mobile food business that
serves food or beverages from a non-motorized vehicle that is normally pulled behind a
motorized vehicle. The term "mobile food trailer" shall not include vending carts, mobile
food trucks or mobile ice cream vendors.
SECTION 2. Amending text of section 21A.36.160 of the Salt Lake City Code. That
section 21A.36.160 of the Salt Lake City Code shall be, and hereby is, amended to adopt section
21A.36.160 (General Provisions: Mobile Businesses), which shall read as follows:
21A.36.160: MOBILE BUSINESSES:
A. Mobile Food Business Allowed:
1. Persons selling food or beverages from mobile food businesses may do so by use
of private property only, unless otherwise permitted under chapter 5.69 of this
title. Use of private property by mobile food businesses shall be arranged with
the real property owner and proof of such property owner authorization shall be
required prior to the issuance of a business license.
2. Mobile food businesses are allowed only within the SNB, CN, CB, CS, CC,
CSHBD, CG, TC-75, TSA, M-1, M-2, D-1, D-2, D-3, D-4, G-MU, RP, BP, UI,
MH, MU, RMU, RMU-35, and RMU-45 zones, in accordance with the provisions
of this chapter.
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3. Provisions found in this section shall not apply to vending carts, mobile ice cream
vendors, seasonal farm stands and other temporary merchants or uses that are
specifically authorized by this title or other city ordinances.
B. Business License and Fees Required: No mobile food business shall continue in
operation unless the holder thereof has paid an annual business regulatory fee and has
met all applicable requirements as set forth in section 5.04.070 of this title, or its
successor section for each mobile food business.
C. Separate Applications: Separate business license applications may be required for
each mobile food business. Separate business license fees shall be required for each
mobile food business vehicle operating under one business license.
D. Business Activity to be Temporary: All business activity related to mobile food
businesses shall be of a temporary nature subject to the requirements below:
1. A mobile food truck may not park in one individual location for more than 12
hours during any 24 hour period.
2. The mobile food truck shall be occupied by the owner or operator thereof at all
times.
3. No overnight parking is allowed.
E. Location and Placement Requirements: The business operating location must be on
private property, on city streets as defined in chapter 5.69 of this code, within the
specified zones, or as otherwise authorized by applicable city ordinance, subject to
the requirements below:
1. Parking on a park strip, or otherwise landscaped area is not allowed.
2. A mobile food business shall park on a hard surface. Alternatives to asphalt and
cement may be approved by the transportation engineer if the applicant is able to
demonstrate that the alternative will not result in the accumulation of debris on
the city right of way.
3. Mobile food business vehicles must be parked so that neither the vehicle nor the
customers block driveways of existing buildings or uses, or in such a manner as to
create a traffic hazard
4. No mobile food business shall occupy required parking stalls of the primary use.
5. No mobile food business shall interfere with the internal parking lot circulation.
6. Mobile food businesses shall not use the public right of way unless otherwise
allowed by ordinance.
7. Any auxiliary power required for the operation of the mobile food truck shall be
self contained no use of public or private power sources are allowed without
providing written consent from the owner.
8. Unless licensed prior to January 1, 2013, a parked mobile food business shall
conform to all requirements in the Salt Lake City vehicle idling ordinances
(chapter 12.58).
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9. All materials generated from a mobile food business that are to be disposed of
should be disposed of properly. It is illegal to discharge or dispose of any
substance, material, food, or waste into the stormdrain system. (Sections
17.84.700: Prohibition of Discharge into Stormdrain System; 17.36.170: Manhole
Covers; and 17.52.010: Discharge to POTW.)
10. Mobile food businesses shall comply with all other applicable city ordinances.
Provisions found in this section shall not apply to downtown vendors, vending carts,
mobile ice cream vendors, seasonal farm stands and other temporary merchants or
uses that are specifically authorized by this title or other city ordinances.
F. Design and Operation Guidelines: Mobile food trucks operating in the public right of
way shall comply with the following design requirements:
1. Mobile food truck vehicles shall be designed to meet all applicable Salt Lake
Valley Health Department requirements relating to the handling and distribution
of food.
2. The mobile food truck shall not have a drive-through.
3. Mobile food truck vehicles shall be kept in good operating condition, no peeling
paint or rust shall be visible.
4. No mobile food truck vehicle operating in the public right of way shall operate
within the same block face as another mobile food vendor at any one time.
5. No mobile food truck vehicle shall operate within one hundred feet (100') on the
same linear block face of a door to a restaurant, mobile food vendor, food cart, or
city authorized special event selling food, except:
a. The above requirement may be waived if the application is submitted with the
written consent of the proprietor of such restaurant or shop. The consent shall
be on forms deemed appropriate by the business license administrator. Such
waiver shall not exempt the applicant from compliance with the other location
and distance restrictions of this chapter.
6. All grounds utilized by a mobile food business shall at all times be maintained in
a clean and attractive condition.
7. Trash and recycling containers shall be provided for use of the business patrons.
8. Mobile food businesses shall source local products when available.
9. Any enclosures or canopy extensions must be integrated into the design of the
mobile food business vehicle and must not project onto the public sidewalk or any
other part of the public right of way not authorized by the transportation division.
G. Signs: No signs shall be used to advertise the conduct of a mobile food business at
the premise other than that which is physically attached to the vehicle, except
temporary signs authorized by section 21A.46.055.
H. Professional and Personal Services Prohibited: The performance of professional or
personal services for sale shall not be provided from a mobile food business.
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I. Approved Kitchen: If the mobile food business includes an area for food preparation
and/or sale, it must be approved by the Salt Lake Valley Health Department.
SECTION 3. Adopting section 21A.36.161 of Salt Lake City Code. That the Salt Lake
City Code shall be, and hereby is, amended to adopt section 21A.36.161 (Zoning: General
Provisions: Mobile Food Courts), which shall read as follows:
21A.36.161: MOBILE FOOD COURTS:
A. Mobile Food Courts a Conditional Use:
1. Operating a mobile food court is unlawful without first obtaining conditional use
approval subject to the qualifying provisions written below as well as those in
chapter 21A.54 of this title.
2. Mobile food courts are allowed by administrative conditional use approval only
within the M-1, M-2, D-1, D-2, D-3, D-4, G-MU, in accordance with the
provisions of this chapter.
3. Provisions found in this section shall apply to mobile food businesses, vending
carts, and seasonal farm stands that are specifically authorized by this title or
other city ordinances.
B. Qualifying Provisions
1. A mobile food court is required to be on a parcel of at least 2,000 square feet in size.
2. No less than two and no more than 10 individual mobile food businesses or other
authorized vendors are allowed on a parcel.
3. No participating mobile food business or other authorized vendor shall continue in
operation at the mobile food court unless the holder thereof has paid an annual
business regulatory fee as set forth in section 5.04.070 of this title, or its successor
section.
4. All requirements of chapter 21A.48 (Landscaping and Buffers) and section
21A.36.020 (Conformance with Lot and Bulk Controls) of this title, or their successor
sections shall be met prior to the issue of a permit.
5. Mobile food courts are for the sale of food products only. Retail sale of non food
items is not permitted.
6. A master sign plan for the mobile food court shall be submitted for review and
approval as part of the conditional use process. The plan shall provide information
relating to permanent signs for the court, as well as individual signs for each business.
7. All the proposed activities will be conducted on private property owned or otherwise
controlled by the applicant and that none of the activities will occur on any public
right of way.
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8. The proposed mobile food court will not impede pedestrian or vehicular traffic in the
public way.
9. The proposed mobile food court complies with all conditions pertaining to any
existing variances, conditional uses or other approvals granted for the property.
10. All activities associated with a mobile food court must comply with all Salt Lake
Valley Health Department requirements.
11. A detailed site plan demonstrating the following is required:
a) The location and orientation of each vendor pad.
b) The location of any paving, trash enclosures, landscaping, planters, fencing,
canopies, umbrellas or other table covers, barriers or any other site requirement by
the International Building Code, or Health Department.
c) The location of all existing and proposed activities on site.
d) The circulation of all pedestrian and vehicle traffic on the site.
e) The mobile food court shall not occupy required parking stalls of any primary use
of the site.
12. Live music will not be performed nor loudspeakers played in the mobile food court
area unless the decibel level is within conformance with the Salt Lake City noise
control ordinance, title 9, chapter 9.28 of this code.
13. Parking for a mobile food court is required at a ratio of two (2) stalls per mobile food
business. This requirement may be waived by the planning commission as part of the
conditional use process. No additional parking is required in the D-1, D-2, D-3, D-4,
G-MU, CSHBD1, CSHBD2, R-MU, R-MU-35, R-MU-45, MU, G-MU, TC-75 and
TSA zones. Hard surface paving at the vehicular entrance to the mobile food court,
and for each individual mobile food business is required. Alternatives to asphalt and
cement may be approved as part of the conditional use process if the applicant is able
to demonstrate that the alternative will not result in the accumulation of mud or debris
on the city right of way.
SECTION 4. Adopting chapter 5.69 of Salt Lake City Code.
That the Salt Lake City Code shall be, and hereby is, amended to adopt section 5.69
(Business Taxes, Licenses and Regulations: Mobile Food Businesses in the Public Right of
Way), which shall read as follows:
Chapter 5.69
MOBILE FOOD BUSINESS IN THE PUBLIC RIGHT OF WAY
A. Purpose and Intent:
The city council expressly finds that mobile food businesses within public streets
pose special dangers to the public health, safety and welfare of residents in the city of
Salt Lake City. It is the purpose and intent of the city council, in enacting this article,
to provide responsible companies and individuals who engage in the operation of
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mobile food business with clear and concise regulations to prevent safety, traffic and
health hazards, as well as to preserve the peace, safety and welfare of the community.
B. Definitions:
MOBILE FOOD BUSINESS: A "mobile food business" is a business that serves food
or beverages from a self contained unit either motorized or in a trailer on wheels, and
conducts all or part of its operations on premises other than its own and is readily
movable, without disassembling, for transport to another location. The term "mobile
food business" shall not include vending carts or mobile ice cream vendors.
MOBILE FOOD TRUCK: A "mobile food truck" is a mobile food business that
serves food or beverages from an enclosed self-contained motorized vehicle. The
term "mobile food truck" shall not include vending carts, mobile food trailers or
mobile ice cream vendors.
MOBILE FOOD TRAILER: A "mobile food trailer" is a mobile food business that
serves food or beverages from a non-motorized vehicle that is normally pulled
behind a motorized vehicle. The term "mobile food trailer" shall not include vending
carts, mobile food trucks or mobile ice cream vendors.
C. Mobile Food Business Allowed:
1. No person shall operate a mobile food business, without first having obtained a
business license from the city in accordance with chapter 5.02 of this title, or its
successor.
2. Mobile food truckvehicles are allowed to operate in the public right-of-way only
within the, M-1, M-2, D-1, D-2, D-3, D-4, G-MU, in accordance with the
provisions of this chapter.
3. Provisions found in this section shall not apply to, vending carts, mobile food
trailers, mobile ice cream vendors, seasonal farm stands and other temporary
merchants or uses that are specifically authorized by this title or other city
ordinances.
D. Application for a Business License:
Application for all mobile food business shall be made with the city Business
Licensing Division, prior to the commencement of operation. The applicant shall
submit the following information:
1. Name and address of applicant
2. Name and address of the approved commercial supply source and primary
licensed food establishment, if applicable.
3. Pass a background check on owner/driver(s).
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4. License plate number.
5. A description of the preparation methods and food product offered for sale,
including the intended menu, display, and distribution containers.
6. A description of the vehicle to be used in conducting business including, but not
limited to, a description of any method to display food or products to be offered
for sale.
7. The anticipated volume of food to be stored, prepared and sold.
8. A valid copy of all necessary licenses or permits required by state or local health
and transportation authorities.
9. Each applicant for a license or renewal under this article shall submit, with its
application, a certificate of insurance executed by an insurance company or
association authorized to transact business in this state, approved as to form by the
city attorney, that there is in full force and effect general liability insurance in an
amount not less than amounts as set forth in section 63-30-34 of the Utah Code, as
amended, or its successor. Such policy or policies shall include coverage of all
motor vehicles used in connection with applicant's business. A current certificate
of insurance shall be kept on file with the city recorder at all times that applicant
is licensed by the city verifying such continuing coverage and naming the city as
an additional insured. The certificate shall contain a statement that the city will be
given written notification at least thirty (30) days prior to cancellation or material
change in the coverage without reservation of nonliability for failure to so notify
the city. Cancellation shall constitute grounds for revocation of the license issued
hereunder unless another insurance policy complying herewith is provided and is
in effect at the time of cancellation/termination.
10. A signed statement that the permittee shall hold the city and its officers and
employees harmless from any and all liability and shall indemnify the city and its
officers and employees for any claims for damage to property or injury to persons
arising from any activity carried on under the terms of the permit.
11. Where applicable, the written consent of the property or business owner.
E. Separate Applications:
Separate business license applications may be required for each mobile food business.
Separate business license fees shall be required for each mobile food business vehicle
operating under one business license.
F. Fees; Annual Operation:
No license shall be issued or continued in operation unless the holder thereof has paid
an annual business regulatory fee as set forth in section 5.04.070 of this title, or its
successor section for each mobile food business.
G. Business Activity to be Temporary:
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All business activity related to mobile food businesses shall be of a temporary nature,
the duration of which shall not extend for more than twelve (12) hours within a
twenty four (24) period at any one premises or location.
H. Use of Public Right of Way:
Each mobile food business, offering food from or on motorized vehicles within the
public right-of-way shall abide by the following conditions and requirements. Failure
to comply may result in the suspension or revocation of a business license, and is a
class B misdemeanor:
1. Mobile food business shall obey all parking and traffic regulations as stated in
Title 12 of the Salt Lake City Code.
2. Parking on a park strip, or otherwise landscaped area is not allowed.
3. Mobile food truck vehicles utilizing the parking space within the public right-of-
way shall park only in parallel parking spaces. Mobile food truck vehicles must
be parked so that neither the vehicle nor the customers block driveways of
existing buildings or uses.
4. The operator shall locate the vending window facing the sidewalk. Mobile food
truck vehicles manufactured to vend out the rear of the vehicle must obtain
special permission from the Transportation Division to operate in the public right
of way.
5. No mobile food truck vehicle shall occupy required parking stalls of the primary
use.
6. The mobile food truck vehicle shall use positive action to assure that its use of the
right of way, including the sidewalk in no way interferes with or limits sidewalk
user's free and unobstructed passage.
7. The mobile food truck vehicle shall be prohibited from pulling any type of trailer.
8. The operator of the mobile food truck vehicle shall not sell to any person standing
in the roadway unless approved by the transportation division.
9. Mobile food truck vehicles shall not operate on public streets where the speed
limit exceeds forty five (45) miles per hour.
10. Unless licensed prior to January 1, 2013, a parked mobile food business shall
conform to all requirements in the Salt Lake City idling ordinances (chapter
12.58).
11. Any auxiliary power required for the operation of the mobile food truck shall be
self contained no use of public or private power sources are allowed without
providing written consent from the owner.
12. All motorized vehicles of the applicant and operators shall comply with all other
requirements of this article and any other requirements of ordinance or statute that
may be applicable.
13. All materials generated from a mobile food business that are to be disposed of
should be disposed of properly. It is illegal to discharge or dispose of any
substance, material, food, or waste into the stormdrain system. (Sections
17.84.700: Prohibition of Discharge into Storm Drain System; 17.36.170:
Manhole Covers; and 17.52.010: Discharge to POTW.)
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I. Design and Operation Guidelines:
Mobile food trucks operating in the public right of way shall comply with the
following design requirements:
1. Mobile food truck vehicles shall be designed to meet all applicable Salt Lake
Valley Health Department requirements relating to the handling and distribution
of food.
2. The mobile food truck shall not have a drive-through.
3. Mobile food truck vehicles shall be kept in good operating condition, no peeling
paint or rust shall be visible.
4. No mobile food truck vehicle operating in the public right of way shall operate
within the same block face of another mobile food vendor at any one time.
5. No mobile food truck vehicle shall operate within one hundred feet (100') on the
same linear block face of a door to a restaurant, mobile food vendor, food cart, or
city authorized special event selling food, except:
a. The above requirement may be waived if the application is submitted with the
written consent of the proprietor of such restaurant or shop. The consent shall
be on forms deemed appropriate by the business license administrator. Such
waiver shall not exempt the applicant from compliance with the other location
and distance restrictions of this chapter.
6. All grounds utilized by a mobile food business shall at all times be maintained in
a clean and attractive condition.
7. Trash and recycling containers shall be provided for use of the business patrons.
8. Mobile food businesses shall source local products when available.
9. Any enclosures or canopy extensions must be integrated into the design of the
mobile food business vehicle and must not project onto the public sidewalk or any
other part of the public right of way not authorized by the Transportation
Division.
J. Signs:
No signs shall be used to advertise the conduct of the mobile business at the premise
other than that which is physically attached to the vehicle, except temporary signs
authorized by section 21A.46.055 of the zoning code.
K. Professional and Personal Services Prohibited:
The performance of professional or personal services for sale shall not be provided
from a mobile food truck.
L. Compliance Responsibility:
The holder shall not be relieved of any responsibility for compliance with the
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provisions of this chapter, whether the holder pays salary, wages or any other form of
compensation to drivers.
M. Special Events:
The restrictions of this chapter notwithstanding, nothing herein shall prohibit the city
from authorizing mobile food businesses, other than those licensed under this chapter,
to conduct concurrent vending operations within the public right-of-way, or such
other areas as the city may deem appropriate, during special events (special event
vendors). The special event vendors shall not be governed by this chapter, but shall be
governed by such other ordinance, city policy, or executive order as may be
applicable. However, as long as the public right of way remains open to the general
public, such authorization of special event vendors shall not require removal of a
permittee under this chapter from operating within his/her designated permit
operating location or a mutually acceptable adjacent alternative location during such
special event, unless otherwise provided under the city's ordinances. If the city is
closing a public right of way to general access, either partially or fully, in order to
accommodate a special event, the mobile food business may not access that right-of-
way unless specifically authorized by the city.
SECTION 5. Effective Date. This ordinance shall become effective on the date
of its first publication.
Passed by the City Council of Salt Lake City, Utah, this 8 day of May
2012.
G
HAIRPER ON -
ATTEST AND COUNTERSIGN:
ORDE
Transmitted to Mayor on May 25, 2012
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Mayor's Action: / Approved. Vetoed.
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Date: 20Z.
Bill No. 24 of 2012. ` . ,/,.,,-.._ %,��- By
Published: 6-2-12 P it .Nielso n or City Attorney
HB_ATTY-s22071-v8-Ordinance mobile_food_business_changes.docx
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