HomeMy WebLinkAboutAmending Chapter 4 New Regulations Addressing Mobile Food Vendors, Mobile Food Vending Vehicles & Updateing Restaurant Regulations ORDINANCE No . 10370-15
Passed by the Common Council of the City of South Bend, Indiana
September 14, 20 15
Attest: - -;tP- � City Clerk
JO • to•RDE
Attest: __ President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 15, 20 15
City Clerk
JOHN VOORDE
Approved and signed by me 11)kill MI /7 20 /5
�► �l � Mayor
No. 1r
Ordinance No. 0 () -15
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-45 OF THE SOUTH
BEND MUNICIPAL CODE BY INCLUDING NEW REGULATIONS ADDRESSING
MOBILE FOOD VENDORS, MOBILE FOOD VENDING VEHICLES, AND UPDATING
RESTAURANT REGULATIONS.
STATEMENT OF PURPOSE AND INTENT
Chapter 4, Article 4, Section 4-45 of the South Bend Municipal Code mandates how restaurants
operating within the City of South Bend are to be licensed and regulated by the City Controller's
Office.
The purpose of this ordinance is to amend Section 4-45 of Chapter 4, Article 4 of the South Bend
Municipal Code to modify and expand the definition of"Restaurants"to include mobile food
trucks, mobile food carts, establishments serving continental breakfast, and establishments with
soda fountains, coffee dispensaries and/or slushy machines.
The Common Council of the City of South Bend finds that the mobile food vending industry has
grown considerably in recent years. In order to foster entrepreneurial opportunity for new and
expanding restaurants, to create vibrancy in the City, particularly the downtown, and to provide
additional food options for businesses in the outlying city areas, the recognition of mobile food
vendors and implementation of a centralized process to issue permits to such vendors would be
appropriate.
The Common Council of the City of South Bend finds that it is in the best interest of the
public health and safety of the citizens of South Bend to authorize, regulate, and monitor mobile
food vendor establishments that serve cooked and prepared food and/or drinks.
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 of the South Bend Municipal Code, is hereby
amended to read in its entirety as follows:
Sec. 4-45 Restaurants,generally Itinerant Restaurants, and Mobile Vendor Vehicles.
(a) Definitions:
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(1) Food means any raw, cooked or processed edible substance, beverage or ingredient used
or intended for use or for sale in whole or in part for human consumption.
(2) Health Officer means the County official having the power and jurisdiction to enforce
public health laws and regulations within the City.
(3) Restaurant means any coffee shop, cafeteria, short order cafe, luncheonette, grill,
sandwich stand, soda fountain, drive-in restaurant, walk-up restaurant, mobile food vendor,
mobile food cart, drive-in theater restaurant, in-plant food service, tavern commissary, snack
bar, tea room, fast-food restaurant, or restaurant without live entertainment or music, food
catering or food service establishment, hotel or motel where continental breakfast is served,
retail food markets, whether fixed or movable, where food for human consumption is
prepared or served in such manner that it is ready for consumption on the premises. The
term "restaurant" shall not include a food service establishment that is known as a retail food
market where food is not prepared and served for consumption on the premises with the
exception of retail food markets that contain soda fountains, coffee dispensers or slushy
machines; nor shall the term "restaurant" include any coin-operated vending machine
dispensing any kind or type of food, confectionery or beverage.
(4) Itinerant restaurant means any restaurant which operates for a temporary period of time
not to exceed two (2) weeks, and includes, but is not limited to, those operated in
conjunction with a fair, carnival, circus, public exhibition, or similar gathering.
5) Mobile Food Vendor Vehicle means a licensed motorized vehicle that is enclosed, self-
contained and serves food items to the general public. Food items may be prepared, cooked,
and assembled in the vehicle or may have been prepared, wrapped or packaged in a licensed
food establishment.
(6) Mobile Food Vendor Vehicle Sales means 80% of all revenues must come from food and
beverages.
(b) Health permit and license required;posting:
(1) No person shall operate a restaurant or itinerant restaurant in the City who does not
possess a valid permit from the Health Officer, and a valid restaurant or itinerant
restaurant license.
(2) The permit and license shall be posted in a conspicuous place in such restaurant or
itinerant restaurant.
(c) Applicability to restaurants operated by religious, educational or charitable institutions:
(I) No license fee shall be paid for restaurants or itinerant restaurants operated by fraternal
organizations, service clubs, or religious, educational or charitable institutions. However, all
other provisions of this section shall apply to such establishments.
(d) License issuance
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(1) A license required by this section shall be issued by the Office of the City Controller to
evidenced by a valid H alth Permit; inspections by the Fire Department and Building
Department as may be required by the City Controller, and compliance with all the
applicable provisions of this Code, and upon payment of the designated license fee. All
applicants desiring to sell food by weight or measure shall file a valid certificate signed by
the Sealer of Weights and Measures that all scales and measures to be used in said
business have been tested and approved, at the time of making application.
(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) Vehicles parked in the downtown business entertainment district area may park
up to four 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 acceptable if all
parking and traffic laws are adhered to;
(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.
Vehicles shall not be operated at a fixed location on any private or public property
for more than four (4) 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 four (4) hours or the maximum parking time permitted by
posted sign, whichever is lesser, in any one (1) block, except for the downtown business
entertainment district area where a vehicle shall have up to four hours parking
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;
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(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;
(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.
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(24) Liability insurance required for mobile food vendor vehicles; contents:
ffl 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
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."
(e) License issuance:
(1) A license required by this section shall be issued by the office of the City Controller to
any person on application after inspection and approval by the County Health Officer,
as evidenced by a valid Health Permit: inspections by the Fire Department and Building
Department as may be required by the City Controller, and compliance with all the
applicable provisions of this Code, and upon payment of the designated license fee. A
license is required for each location, whether it be stationary or mobile. All applicants
desiring to sell food by weight or measure shall file a valid certificate signed by the
Sealer of Weights and Measures that all scales and measures to be used in said business
have been tested and approved, at the time of making application.
(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
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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 (151) 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 hundred
twenty-five dollars ($525.00) per vehicle per year. This license shall be conspicuously
displayed within the sales window.
(g) Minimum sanitation requirements.
All operators of restaurants and itinerant restaurants shall comply with the minimum sanitation
requirements specified by the State Board of Health, as provided in its Regulation HFD 17 or all
changes or amendments. The regulation and all changes and amendments are by reference
incorporated herein and made part hereof. Two (2) copies of the regulation, changes and
amendments are on file in the office of the City Clerk for public inspection.
Section II. 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 III. This Ordinance shall be in full force a • - rom and after its passage by the
Common Council, approval by the Mayor, and any •ublication requ. -d by law.
'411111111111F4Z
Member of the Common Council
Attest. '
John Voorde, City Clerk
Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana on the
S day of i , 2015, at (L Z r o'clock .m.
Janice alboom, Deputy Clerk
Approved and signed by me on the /7 day of ✓e-fiei'/ ✓
at o 'clock .30 . m. \FdedInr0ft1 \Ce
L�—tr
1! R�ADG I `f
PUBLIC HEARING c\--k 4-4 r I +�; 1 2015
3 rd READING C`--t`l--t r
NOT APPROVED i...._....,_,_• °°"
REFERRED ,r,„t ;_his :0"E
BEND,ck`t t� CI I Y�;LE I..> TI'c �ND,IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
45-15 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING CHAPTER 4,
ARTICLE 4, SECTION 4-45 OF THE SOUTH BEND
MUNICIPAL CODE BY INCLUDING NEW REGULATIONS
ADDRESSING MOBILE FOOD VENDORS, MOBILE FOOD
VENDING VEHICLES, AND UPDATING RESTAURANT
REGULATIONS
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with no recommendation due to
a lack of a quorum.
This bill was heard by the Personnel & Finance Committee.
Karen L. White
Chairperson, Committee of the Whole
227 W.JEFFERSON BOULEVARD It; r PHONE:574/235-9371
SUITE 1400 S. u ���� ,, FAx:574/235-9021
SOUTH BEND,IN 46601-1830
I865 ''
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
COMMUNITY INVESTMENT
SCOTT FORD,EXECUTIVE DIRECTOR
August 19,2015
Councilman Tim Scott
Personnel & Finance Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
Dear Councilman Tim Scott,
The Department of Community Investment seeks to amend the restaurant ordinance to include
mobile food trucks as an allowable business type within the City of South Bend. Attached is an
amended ordinance revising various subsections of Chapter 4,Article 4, Section 4-45 of the
South Bend Municipal Code inclusive of new regulations addressing mobile food trucks,and
updating restaurant regulations.
The Department of Community Investment has worked closely with the St.Joseph County Health
Department, which enforces the State health guidelines,to ensure all concerns regarding food
safety is handled properly. The BPW, Building, Fire, Legal, and DTSB have reviewed the
ordinance and are all satisfied with the changes being recommended.
Nationally,the mobile food truck industry has increased a great deal in recent years and has led to
the creation of many new businesses and jobs. Amending the local ordinance to allow mobile
food trucks will foster entrepreneurial opportunity for new and expanding restaurants, create
vibrancy in downtown,and provide additional food options for businesses in the outlying areas of
the city.
With your approval,the Department of Community Investment staff will present the amendment
to the restaurant ordinance(Chapter 4,Article 4, Section 4-45)to Personnel and Finance
Committee and the Common Council on August 24, 2015.
Than • Filed h �:�:rk'S ®$$iCe
dailpia•le •
Director of Bu 'ess -velopment �V ;.
Department of Co m ity Investment CITY CLERV fl,SOUTH r3END,IN
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JITIN KAIN PAMELA C.MEYER CHRIS FIELDING BROCK ZEEB