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HomeMy WebLinkAbout10527-17 Amending (d) and (f)(3) of Chapter 4, Article 4, Section 4-45 of the South Bend Municipal Code addressing mobile food vendors ORDINANCE No . 10527-17 Passed by the Common Council of the City of South Bend, Indiana July 10 20 17 Attest: City Clerk Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 11 20 1 City Clerk Approved and signed by me 4L Tq it 3 20 Mayor Bill No. Ordinance No. 0�z -17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING SUB-PARTS (d)AND (f)(3) OF CHAPTER 4, ARTICLE 4, SECTION 4-45 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MOBILE FOOD VENDORS AND MOBILE FOOD VENDING VEHICLES STATEMENT OF PURPOSE AND INTENT On September 14, 2015 this Council enacted Ordinance No. 10370-15 to expand the definition of"Restaurants" to include mobile food trucks and mobile food carts, among other things, and to authorize, regulate, and monitor mobile food vendor establishments that serve cooked and prepared food and/or drinks. Since enactment of Ordinance No. 10370-15, mobile food vendor establishments have been successful and a welcome addition to the prepared food and beverage choices enjoyed in the City of South Bend, especially downtown. To increase the success and efficiency of these businesses, certain amendments to Chapter 4, Article 4, Section 4-45 of the South Bend Municipal Code are deemed desirable. Specifically,this ordinance extends the operating hours of such a mobile food business from four to eight hours in the downtown South Bend entertainment district area. It also provides for several tiers of vendor licenses at costs less than the original annual fee of$525. This will allow mobile food vendors to try out the program at a modest cost to determine if it is economically viable to them. As a matter of public safety, this ordinance clarifies that food trucks may not parallel park in angled parking or other spaces not designed for parallel parking. The Common Council of the City of South Bend finds that it is in the best interest of the citizens of South Bend to amend the South Bend Municipal Code as provided in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. Chapter 4, Article 4, Section 4-45 sub-part (d) of the South Bend Municipal Code, is hereby amended to read in its entirety as follows: (d) Guidelines for Mobile Food Vendor Vehicles: Mobile Food Vendors ("vendors") that hold a valid business license for operating a mobile food vendor vehicle ("vehicle") under this provision must follow the guidelines below: 1 LD Vehicles parked in the downtown business entertainment district area may park up to few e�ht hours. Parking is permitted in any spot that meets the conditions specified in the subparts which follow. Parking in spaces that are parallel to the sidewalk is aeeeptable ep rmitted if all parking and traffic laws are adhered to. No parallel parking shall be permitted in angled or other spaces not designed for parallel parking. (2) Vehicles are permitted to be parked in areas zoned for business, commercial, industrial, and mixed use only. (3) Vehicles are prohibited from parking in restricted areas or areas that are residentially zoned neighborhoods, except that parking in a public park is authorized if the Parks Department has issued a permit to the vendor to operate in a public park. (4) Vehicles are prohibited from being stored in the open on a residentially zoned property. (5) Vehicles shall not be operated at a fixed location on any private or public property for more than four (4) eight 8 hours and vehicles can be moved from place to place upon the public ways. (6) Vehicles shall maintain a minimum of five (5) feet of unobstructed sidewalk open for pedestrian and wheelchair traffic at all times. All points of sale shall occur on the curbside of the street from a sales window; (7) Vendors shall ensure that patrons are not blocking sidewalks; (8) Vendors shall ensure that all vehicle stops are made to service customers and stops must not exceed a total of few(4) eight 8 hours parking or- the mffl6nRHn paFkdng time peed by posted sign, whiehever is lesser-, in any one (1)Meek, exsept€ar th devaAev�% business enlei4ain-ment dis4iet area wheare. -A velffliele shall have up to fi3ur houfs pafk4ng notwithstanding the posted maximum subject to subpart 14 of this provision.. (9) Vendors shall ensure that the area adjacent to the vendor's service window is appropriate for heavy traffic flow; (10) Vendors shall not allow vehicle to block an access drive; (11) Vendors shall not allow vehicle to block fire hydrants; (12) Vendors shall not allow vehicle to block the public right-of-way; (13) Vendors shall not allow vehicle to park within twenty-five (25) feet of a street corner; (14) Vendors shall not allow vehicle to park in a disabled person parking space, a designated 15 minute parking space, or a one hour parking space including within the downtown business entertainment district; (15) Vendors shall not set up BBQ pits, canopies, outdoor seating (e.g., outdoor tables or folding chairs), or indoor seating in the mobile food vendor vehicle; (16) Vendors shall not operate in a City park to sell, offer for sale, or display a food item, unless the person's activity is authorized by a written agreement or with written permission of the Parks Department; 2 (17) Vendors shall not for any purpose play unreasonably loud amplified music, use unreasonably bright flashing lights, or use any unreasonably loud speaker, bell or other device, that distracts or otherwise reduces or adversely affects safety of other drivers or any person in the public right of way; (18) Vendors shall not sell food within a distance of one thousand (1,000) feet of any real estate which is then used as part of the school grounds of any duly accredited public or private grade, junior high, middle or high school between the hours of 7:00 a.m. and 3:30 p.m. on days when said schools are in session; (19) Vendors shall not allow owners, employees, or independent contractors to engage in conduct that is intimidating, disorderly, or abusive to others. This applies not only to the public, but towards other vendors operating under these rules and regulations; (20) Vendors shall provide, at the vendor's expense, all equipment necessary to provide the items for sale in the conduct of the business. All equipment used shall be in a self-contained unit. No storage area, water, electric, or other utility will be supplied by the City; (21) At termination of operations each day, vendors shall remove all items, containers, debris, etc. Mobile food vendor shall collect and dispose of all litter and garbage incidental to the operation of his vending business. The cleanliness of the specific area of operation shall be the sole responsibility of the vendor. Licensed vendors shall not place refuse from their operation in or beside any public trash container or in any drain along the streets or sidewalks; (22) Vendors shall operate all aspects of the business (cooking, sales and supplies) within the mobile food vendor vehicle and shall not distribute food samples or dispense other items outside of the mobile food vendor vehicle; and (23) Vendors shall indemnify and hold harmless the City of South Bend, including any agency, department, or commission of the City for any and all suits or actions brought against the City of South Bend on account of any loss, injury or damage sustained or claimed to have been sustained by any one in connection with or arising out of any negligent or willful misconduct of the mobile food vendor, any of its agents, employees, and/or independent contractors. (24) Liability insurance required for mobile food vendor vehicles; contents: (i) If the mobile food vendor operates a vehicle, no mobile food vendor business license may be issued, or continued in operation, unless there is on file in the office of the Controller and in force and effect a current policy of insurance covering each vehicle to be operated as a mobile food vehicle in an amount of not less than fifty thousand dollars ($50,000.00) for injury to or destruction of property as a result of any one (1) occurrence and a public liability policy covering accidental bodily injury, including death, to any member of the public in an amount of not less than three hundred thousand dollars ($300,000.00) for all public liability from any one (1) occurrence. The policy of insurance shall also provide for uninsured and under insured coverage in an amount of not less than one hundred thousand dollars ($100,000.00). The policy of insurance shall also include medical benefits in an amount of not less than 3 fifty thousand dollars ($50,000.00). The policy shall be updated annually and be on file with the office of the Controller before any issuance or renewal of a company license. (ii) The policy of insurance shall insure the owner and any of the owner's agents against liability for the payment of any final judgment, less any deductible amounts, or retained limits not in excess of one thousand dollars ($1,000.00) that may be rendered against the owner or agent for injury or damages to the property or person of others, or for damage for the wrongful death of others, resulting from any accident or collision for which the owner or agent will be liable on account of any act of negligence in the operation of the vehicle, or which may arise or result from any violation of any of the provisions of this article or the laws of the State, by the owner or any of the owner's agents. (iii) The policy of insurance on file in the office of the Controller shall contain the following provision: "The City, through the office of the Controller, will be given fifteen (15) days' notice prior to the effective date of the cancellation or other material change of this policy." Section II. Chapter 4, Article 4, Section 4-45 sub-part (f) of the South Bend Municipal Code, is hereby amended to read in its entirety as follows: (f) License fees: (1) Restaurants: The City Controller shall issue a restaurant license to all persons complying with this section upon payment of ninety dollars ($90.00) per year, for restaurants having a seating capacity of up to one hundred fifty (150) patrons; and one hundred ten dollars ($110.00) per year for restaurants having a seating capacity of one hundred fifty-one (15 1)patrons and over. (2) Itinerant restaurants: The City Controller shall issue an itinerant restaurant license to all persons complying with this section upon payment of seventy-five dollars ($75.00) per location per year. (3) Mobile Food Vendor Vehicles: The City Controller shall issue a mobile food vendor vehicle license to all persons complying with this section upon payment of five twent , five dollars ($525.00) p ehiele per year. the sums required below for the type of license requested by the mobile food vendor, as follows: (i) Annual/seasonal fee: Five Hundred twenty-five dollars ($525 (ii) One- day license: Fifty dollars ($50.00 (iii) 30- day license: One hundred thirty dollars ($130.00). (iv) Three month license: Two hundred dollars($200.00). This license shall be conspicuously displayed within the sales window. 4 Section III. If any subsection, sentence, clause, phrase or word of this ordinance is declared to be invalid or unconstitutional by a court of proper jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. Section IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and any p ion requir law. Tim Scott President of the Common Council Karen L. White, Council Member At Large Gavin Ferlic, Council Member At Large Attest: K eem wler, City C16W Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the day of , 2017, at 15- o'clock1,0Lm. eemah Fowler, C erk Approved and signed by me on the day of ' 2017, at o 'clock . M. Pete Butti Mayor of the City of South Bend, Indiana Filed in Clerk's Office 1 st READING E¢�2���� l JUN 2 12017 PUBLIC HEARING-71Q)/11 5 3rd READING I/1 0/0 KAREEMAH FOWLER NOT APPROVED CITY CLERK,SOUTH S REFERRED Ul 2-CO/I r'' EiVD,IN PASSED "J1 10/I✓�