Ordinance No. 2026-03

An Ordinance to regulate Mobile Food Vending within the City of Iron River, Michigan.

Section 1. Purpose

In the interest of encouraging mobile food vendors who add to the vibrancy and desirability of the City of Iron River, while providing a framework under which such businesses operate, this Ordinance is established.

Section 2. Definitions

For purposes of this Ordinance, the following terms shall have the meanings set forth below:

1. Mobile Food Vehicle. A motorized or non-motorized unit designed to be portable and not permanently attached to the ground, which, upon issuance of a permit by the City Clerk and compliance with this Ordinance, may temporarily park or locate upon a public street or private property and engage in the preparation, service, sale, or distribution of ready-to-eat food or beverages for individual portion service directly to the general public.

This term includes, but is not limited to, food trucks, trailers, carts, kiosks, stands, grills, or other similar conveyances.

1. Mobile Food Vending. The act of vending, serving, or offering for sale food and/or beverages from a Mobile Food Vehicle, including incidental sales of related or branded items.

1. Vendor. Any individual or entity engaged in the business of Mobile Food Vending. If more than one individual is operating a single Mobile Food Vehicle, the term “Vendor” shall include all individuals operating such unit.

1. Operate or Operation. All activities associated with the conduct of Mobile Food Vending, including set-up, service, and take-down, and all time during which the Mobile Food Vehicle is present at a location for the purpose of conducting business.

Section 3. Scope

Except as provided below, the provisions of this Ordinance apply to all Vendors and Mobile Food Vehicles engaged in the business of cooking, preparing, and distributing food or beverages, with or without charge, on public or private property within the City.

This Ordinance does not apply to:

1. Mobile food service vehicle that continuously move from place to place and do not remain stationary at any one location for more than fifteen (15) minutes at a time (e.g., traditional ice cream trucks, food vending pushcarts, etc.); or
2. Activities otherwise regulated under separate provisions of the City Code where such provisions expressly supersede this Ordinance.

Section 4. Permit Required

No Vendor shall engage in Mobile Food Vending without a permit from the City Clerk authorizing such vending. The City Clerk shall prescribe the form of such permits and applications. All permits shall be prominently displayed on the Mobile Food Vehicle. A permit issued under this Ordinance may be transferable between same venders provided that the hours of operation do not overlap.  shall not be transferable from person to person or between Mobile Food Vehicles . Permits shall be issued for only one specific Mobile Food Vehicle. Permits shall be required regardless of whether the Mobile Food Vehicle is hired by an organization or business for private use.

The permit application shall include the following:

1. Name, signature, phone number, email contact, and business address of the applicant;
2. A description of the preparation methods and food products offered for sale, including the intended menu;
3. A description of the Mobile Food Vehicle, including type (truck, trailer, cart, etc.), dimensions, which shall not exceed thirty (30) thirty-six (36) feet in length and ten (10) feet in width, and identifying information such as year, make and model, when applicable;
4. Proposed hours of operation, area(s) of operation, and plans for power access, water supply, and wastewater disposal;
5. Copies of all necessary licenses or permits issued by local health departments, which shall be displayed in clear sight of customers;
6. Insurance Coverage:
   Proof of general comprehensive liability coverage with limits of no less than $1,000,000 per occurrence issued by an insurer licensed to do business in the State of Michigan and naming the City as an additional insured;
    b. Proof of public liability and property damage motor vehicle liability insurance, if applicable, with limits of no less than $1,000,000 issued by an insurer licensed to do business in the State of Michigan.

Section 5. Fees and Permit Types

1. Fees. All Vendors receiving a permit under this Ordinance shall pay the fee as established from time to time annually by resolution of the City Council. There shall be no proration of fees. Fees are non-refundable once a permit has been issued by the City Clerk.
2. Permit Types. A single day permit is valid only for the day the permit is applied for and granted. An annual permit is valid from January 1 to December 31 of the year the permit is applied for and granted.

Section 6. Regulations

Any Vendor engaging in Mobile Food Vending shall comply with the following regulations:

1. Authorized Locations. No Vendor shall operate a Mobile Food Vehicle in any location where the Vendor has not been authorized to operate. The City Council shall, by resolution, identify those streets and public areas where operation is permitted.

1. Service Area. The customer service area shall be located on the side of the vehicle that faces a curb lawn or sidewalk when parked and arranged so as not to impede pedestrian or vehicular traffic and to maintain safe and accessible pathways. No food shall be prepared, sold, or displayed outside of the Mobile Food Vehicle except as otherwise permitted by applicable health regulations.

1. Sanitation and Waste. All Vendors shall provide a waste container for public use and shall empty such containers at their own expense. All trash and garbage originating from the operation shall be collected and disposed of off-site by the Vendor each day. Spills of food or food by-products shall be cleaned up immediately, and no dumping of grease, gray water, or waste onto public or private property is permitted.

1. Compliance with Other Laws. Vendors shall comply with all applicable federal, state, and local laws, including but not limited to health regulations, fire codes, and City ordinances, including noise and signage regulations.

1. Parking and Access. Mobile Food Vehicles shall be located and operated in compliance with all applicable parking restrictions and shall not hinder the lawful parking or operation of other vehicles. Vendors shall not locate or operate in a manner that blocks or impedes pedestrian traffic or sidewalks, including wheelchair access or travel and handicap-accessible areas.

1. Attendance and Safety. A Mobile Food Vehicle shall not be left unattended while in operation. No Mobile Food Vehicle shall be parked on a public street or City owned parking lot overnight or left unattended and unsecured at any time food is present in the unit. Any unattended Mobile Food Vehicle may be considered a public safety hazard and may be ticketed, impounded, or towed.

1. Special Events. A Vendor shall not operate a Mobile Food Vehicle within 500 feet of any fair, festival, special event, or civic event that is licensed or sanctioned by the City unless the Vendor has obtained permission from the event sponsor.

1. Private Property Operation. A Vendor shall not operate on private property without first obtaining written consent from the property owner. A property owner shall not permit operation of a Mobile Food Vehicle unless the Vendor has obtained the required permit.

1. Utilities. Any power required for operation shall be self-contained unless the Vendor has obtained prior written authorization from the property owner. Any power required for the mobile food vehicle located on public way shall be self-contained, and a Mobile Food Vehicle shall not use utilities drawn from the public right-of-way. No cords, cables, or other power equipment shall extend across or obstruct any City street, alley, or sidewalk.

1. Signage and Noise. Prices must be clearly posted on Vendor’s location. Vendors shall not use flashing, blinking, or strobe lights, or similar visual effects to attract attention. Vendors shall not use loud music, amplification devices, or other methods of attracting attention that may create a disruption or safety hazard.

1. Proximity to Businesses. A Vendor shall not operate within 150 feet of a business that offers substantially the same type of prepared food products as the Mobile Food Vehicle, meaning food items that are of the same general category or cuisine, such as pizza, tacos, burgers, or similar menu items.

1. Hours of Operation. Mobile Food Vehicles may operate only during the following hours:

• 9:00 AM – 9:00 PM in residential areas
• 7:00 AM – 11:00 PM in commercial areas

Section 7. Other Permits.

A permit obtained under this Ordinance shall not relieve any Vendor of the responsibility for obtaining any other permit or authorization required by any other ordinance, statute, or administrative rule by the State or county health department or board.

Section 8. Revocation.

The City Clerk shall revoke the permit of any Vendor engaged in Mobile Food Vending who ceases to meet any requirement of this Ordinance or violates any federal, state, or local regulation, makes a false statement on the application, or conducts activity in a manner adverse to the protection of public health, safety, and welfare. Immediately upon such revocation, the permit shall become null and void.

Section 9. Complaints; Appeals.

If a permit is denied or revoked by the City Clerk, the applicant or permit holder may appeal to and have a hearing before the City Manager. The City Manager shall issue a written determination. If the denial or revocation is upheld by the City Manager, the applicant may appeal to the City Council.

Section 10. Enforcement and Penalties.

Any permit holder operating a mobile food vehicle in violation of any provision of this ordinance or any rules and regulations promulgated by the City shall be subject to a civil fine of $500  $400 per day. Each day of violation shall constitute a separate and distinct offense.

This Ordinance may be enforced by the City Code Enforcement Officer, any City Police Officer, or any other official or employee of the City designated by the City Manager. Such officials are authorized to issue municipal civil infraction misdemeanor municipal civil infraction citations for violations of this Ordinance and to take such other actions as are reasonably necessary to ensure compliance, including ordering the cessation of operations of a Mobile Food Vehicle found to be operating in violation of this Ordinance. Nothing in this section shall limit the City’s authority to pursue any other remedies available at law or in equity.

Section 11. Exemption.

Persons under the age of 16 years, where all proceeds are retained by that person, shall be exempt from the license fee. No business shall employ or subcontract persons under 16 years of age in an attempt to evade the provisions of this Ordinance. Mobile Food Vehicles may be hired by residents or local businesses to serve private events so long as no direct cash sales are made to the public at the event. All other provisions of this Ordinance shall apply.

Section 12. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction, or superseding State or Federal law, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions.

Section 13. Effective Date.

This Ordinance shall take effect 30 days after its passage and publication as required by law.

TJDE

091826

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