2017-680 ORDINANCE NO. 2017-680
An ordinance to repeal and recreate regulations for the mobile food vendors in the City of Janesville,
with penalties for violations thereof as set forth in JGO 5.20.040.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Section 5.20.030 of the Code of General Ordinances of the City of Janesville is hereby
repealed and recreated to read as follow:
"5.20.030 Mobile Food Vendors-Licensing-Regulations"
5.20.030 Mobile Food Vendors—Licensing—Regulations.
A. Purpose. The purpose and intent of this section is to permit, regulate and license mobile
food vendors. Vendors may sell pre-packaged "frozen confectionaries" such as pre-packaged ice creams,
frozen popsicles, soda, bottled water, shaved ice and similar items or hot/prepared food within the City
of Janesville. Such licensed mobile food vendors operated in strict conformity with each and every
provision of this ordinance are exempt from the prohibition set forth in Section 5.20.010.
B. Definitions.
(1) City: shall mean the City of Janesville
(2) Mobile Food Vending Vehicle: a commercially manufactured, self-contained, motorized
movable vehicle or trailer in which food is cooked, wrapped, packaged, processed, or portioned for
services, sale or distribution, including ice cream,custard and other prepackaged frozen treats. Each
motorized food vending vehicle shall be a licensed motor vehicle permitted to function as an operable
motor vehicle within the State of Wisconsin. Mobile food vehicles do not include vehicles that are used
solely to transport or deliver food or a common carrier regulated by the state or federal government.
(3) Non-Motorized Food Vending Cart: a pushcart or other non-motorized device which is
on wheels and of sufficiently lightweight construction that it can be moved from place to place and from
which only food, including ice cream, custard and other prepackaged frozen treats is sold, hereinafter
referred to as "cart".
(4) Licensee:the owner or applicant who is issued and holds a license under this ordinance.
(5) Operator:the person who engages in or conducts any activities involving a mobile food
vehicle/cart.
(6) Owner:the person who owns the mobile food vehicle/cart.
(7) Person: each and every natural person,firm,corporation, partnership,joint venture,
cooperative, limited liability company, limited liability partnership, sole proprietorship and other
individual, person and legal entity if whatever kind or nature.
(8) Mobile Food Vendor: means operator or mobile food vending vehicle or cart,
hereinafter referred to as"vendor".
(9) Mobile Food Vending Season: means all year.
C. General Regulations.
(1) Every person, mobile food vending vehicle and cart engaged in activities regulated by
this ordinance, whether or not licensed, shall at all times comply with each and every provision and
regulation set forth in this ordinance.
(2) Every mobile food vending vehicle and cart shall at all times be operated in strict accord
with each and every provision and regulation set forth in this ordinance, state law and county law.
(3) No person my engage in any activity for which a license is required under this ordinance
without first applying for, paying the fee for, and holding a valid license for each mobile food vending
unit/cart.
(a) Mobile food vending vehicles shall be exempt from licensing provisions of(D),
(E) and (J) if the vendor is selling goods exclusively at a special event approved by the Recreation
Division and this event permit holder/event organizer, such as a farmers market or youth sports facility,
on premises under the control of the event organizer, as long as said mobile food vendor is licensed to
sell products by the Rock County Health Department and/or the State of Wisconsin.
D. License Required. Every Mobile food vending vehicle and non-motorized food vending cart
in the City shall be licensed. No person shall operate, sell, vend from, use a mobile food vending vehicle
or cart, or otherwise engage in any activities regulated by this ordinance unless the mobile vending
vehicle or cart holds the appropriate and valid license from the City. Each owner in his/her/its name
shall apply for, pay the fee for, and hold a mobile vending unit or cart license for each unit in the City
prior to the use of such unit in the City.
E. Vendor License Application.
(1) Initial application. Each owner desiring to conduct or engage in activities regulated by
this ordinance shall file a written initial application with the city clerk or designee on form(s) provided by
the City Clerk for a mobile food vending vehicle or non-motorized food vending cart license for each
mobile food vending vehicle and cart. No person may operate, conduct or engage in activities regulated
by this ordinance without filing an application, paying the fee(s) for such license or without holding an
appropriate license under this ordinance.The City Clerk, Chief of Police, Fire Chief, Common Council,
and/or their appropriate designee(s) may amend and require such information on the initial application
as s/he/they may,from time to time, consider desirable, proper, and/or necessary.
(2) Renewal application. Each licensed mobile food vending vehicle or cart owner
desiring to conduct activities regulated by this ordinance after initial licensing shall file a written renewal
application with the City Clerk or designee on form(s) provided by the City for each proposed mobile
vending unit or cart.The City Clerk, Chief of Police, Fire Chief, Common Council, and/or appropriate
designee(s) may amend and require such information on the renewal application as s/he may,from time
to time, consider desirable, proper and/or necessary
(3) Fees.
(a) Mobile Food Vending Vehicle—Initial License Fee-$500.00. Each owner
applicant shall pay an initial vending vehicle license fee of$500.00 per vehicle at the time of original
filing.The initial application fee is non-refundable.
(b) Mobile Food Vending Vehicle—Annual Renewal Fee-$250. An annual
renewal fee of$250.00 per vehicle thereafter shall be required and paid.The annual renewal fee is non-
refundable.
(c) Non-Motorized Food Vending Cart—Initial License Fee-$100.00. Each
owner or applicant shall pay an initial cart license fee of$100.00 per cart at the time of original filing,
which initial fee shall be pro-rated based on the month after July 1 in which the initial application is filed.
The initial application fee is non-refundable.
(d) Non-Motorized Food Vending Cart—Annual Renewal Fee-$100.00. An
annual renewal fee of$100.00 per cart thereafter shall be required and paid.The annual renewal fee is
non-refundable.
(4) All initial and subsequent mobile food vending vehicle and cart licenses shall expire on
June 30 of each year.
(5) No application shall be accepted for filing, nor mobile food vending vehicle or cart
license issued or renewed, unless and until the owner and applicant possesses all necessary state and
County Health Department and other required governmental agency license(s) and permit(s)for the
mobile food vending vehicle or cart. Each owner or applicant, at the time of filing the city initial
application and at the time of all subsequent annual renewal filings, shall provide the city clerk proof of
such other licenses and permits in such form as the city clerk may,from time to time, deem necessary
and/or desirable.
(6) No mobile food vending vehicle or cart license may be issued or renewed unless and
until the mobile vending vehicle or cart passes the inspection of the county/state health officials and
agencies, and holds proper health licensing, permits and certification.
(7) No mobile food vending vehicle or cart license may be issued or renewed if the
applicant, owner or proposed operator of the mobile food vending vehicle or cart has had a license or
permit issued under the ordinance revoked, suspended, or non-renewed unless expressly approved by
appeal to the City Council.
(8) No mobile food vending vehicle or cart license may be issued by the city clerk unless and
until all requirements set forth in this ordinance have been fully and properly satisfied by the owner or
applicant.The decision of the City Clerk shall be final in this regard.
F. Each mobile food vending vehicle and cart shall be separately licensed and such licenses shall
not be transferable to any other mobile food vending vehicle or cart.
G. Each issued license shall be prominently and conspicuously posted and displayed upon each
licensed mobile food vending vehicle and cart,visible to the public.
H. At all times, each mobile food vending vehicle and cart shall have permanently affixed to it and
prominently displayed a sign no smaller than twelve (12) inches by twelve (12) inches displaying the
name, address and telephone number of the licensee.
I. Operation.
Mobile Food Vending Vehicle.
(1) Each mobile food vending vehicle shall be capable of being moved and kept under
control by one person. All traffic laws shall be adhered to during operation of the vehicle.
(2) Each mobile food vending vehicle shall be moved safely to and from its vending
location(s).
(3) Each mobile food vending vehicle shall be secured at all times so as not to injure or
endanger persons or property.
(4) Each mobile food vending vehicle shall be equipped with at least one leak-proof
container for the deposit of waste,garbage, litter, and refuse. A second leak-proof container for the
deposit of recycle materials is also required.All such containers shall be kept covered with tight fitting
lids. When leaving the sales area,the licensee and his/her employee(s) shall be responsible for the
removal of all litter resulting from his/her business or customer's use of his/her business.
(5) Each operator, licensee and mobile food vending vehicle shall comply with all state and
county laws, codes, regulations, and standards relating to serving and selling food and food products.
(6) An operator shall be personally and physically present inside or next to the mobile food
vending vehicle at all times during which items are displayed or sold.
Mobile Food Vending Cart.
(1) Each cart shall be capable of being moved and kept under control by one person.
(2) Each cart shall be moved safely to and from its vending location(s).
(3) Each cart shall be secured at all times so as not to injure or endanger persons or
property.
(4) Each cart shall be equipped with at least one leak-proof container for the deposit of
waste, garbage, litter, and refuse. A second leak-proof container for the deposit of recycle materials is
also required.All such containers shall be kept covered with tight fitting lids. When leaving the sales
area,the licensee and his/her employee(s) shall be responsible for the removal of all litter resulting from
his/her business or customer's use of his/her business.
(5) Each operator, licensee and cart shall comply with all state codes and county laws,
regulations, and standards relating to the serving and selling of food and food products.
(6) An operator shall be personally and physically present inside or next to the cart at all
times during which items are displayed or sold.
J. Insurance Requirement. Each licensee shall obtain, pay for and at all times maintain proof of
and actual liability insurance coverage against personal injury, death and property damage in an amount
of not less than One Million Dollars ($1,000,000) per person per incident and One Million Dollars
($1,000,000) aggregate per incident. Such insurance shall name the City of Janesville and each and every
of the City's elected and appointed officials, officers,employees, agents and representatives as
additional or co-insureds. At the time of filing the initial and all renewal applications, and applicant shall
provide a true and correct photocopy of a certificate of insurance and/or other proof insurance for each
mobile food vending vehicle and mobile food vending cart in the form required by the city clerk.
K. Regulations.
Mobile Food Vending Vehicle
(1) Mobile food vending vehicles must be stationary at all times when sales and related
activities are occurring.
(2) Mobile food vending vehicles may set up and operate in the public rights-of-way but not
the travel lanes. Mobile food vending vehicle service windows shall be oriented to the curb side of the
street and not to the front, rear, or travel lane side of the truck. Mobile food vending vehicles may set
up and operate within public parking lots within areas zoned B5 and B6. Mobile food vending vehicles
shall be located so as not to: obstruct a public way, impair the movement of pedestrians or vehicles, or
pose a hazard or danger to public safety.
(3) A mobile food vending vehicle operator may provide or allow a dining area near the
mobile food vending vehicle.The dining area shall allow no more than 2 tables with a maximum seating
area of 8 people.The dining area is allowed only during hours of operation and the dining components
shall be stored and secured when the vending operation is closed.
(4) Any power required for the mobile food vending vehicle located on a public right-of-way
shall be self-contained and shall not use public utilities. No power cable or equipment shall be shall be
extended at grade across any city street, alley or sidewalk.
(5) Mobile food vending vehicles may locate in private parking lots so long as the property
owner has granted permission and all required health licenses are valid. However, the host parking lot
must remain in compliance with the zoning ordinance including off-street parking requirements for the
host lot; the mobile food vending vehicle shall not block the required drive aisles and shall be at least 10
feet from the nearest edge of any building.The mobile food vending vehicle must be parked on a paved
or hard-surfaced parking area. Notwithstanding the foregoing, not more than one mobile food vending
vehicle shall be permitted per private parking lot.
(6) Any special or civic event organizer desiring to host more than one mobile food vendor
on private property shall notify the Building and Development Services Division prior to the event.The
special or civic event shall be subject to a Site Plan Review in accordance with subsection 18.24.050 to
ensure compliance with 18.36.040 A.4.The fee for such Plan Review shall be$70.00.
(7) In city parks, mobile food vending vehicles are only allowed upon issuance of a permit
for specific park areas designated by the Recreation Director. Said approval shall also include payment of
any associated park use,financial gain and/or other license fee(s) as determined by the Director for each
mobile food vending vehicle license.
(8) No mobile food vending vehicle shall operate before 8:00 o'clock A.M. or after dusk in
residential areas, or before 8:00 o'clock A.M. or after 9:00 o'clock P.M. in commercial areas, except for
areas zoned B5 or B6 where they may operate until 3:00 o'clock A.M.
(9) No mobile food vending vehicle operator or other person shall use noise-makers, other
than bells, lights, or music to attract customers.Such bells and music shall not be used before 8:00
o'clock A.M. or after dusk(sunset on any day) anywhere. No electrical or mechanical sound generated
within a vending area shall be audible beyond the vendor's immediate working area and in no event
more than 50 feet from the vehicle.
(10) A mobile food vending vehicle may sell products as previously noted within any
conservancy, commercial, or industrial district within the City of Janesville. A mobile food vending
vehicle may sell only frozen confectionaries, soda, bottled water, or shaved ice within areas zoned
residential or office.
(11) A sandwich board sign not to exceed 24 inches wide by 48 inches tall with letters less
than 3 inches in height shall be allowed to be displayed without a sign permit for each mobile food
vending vehicle. Said sign may be located within the public right-of-way and shall not impede pedestrian
movement on a public sidewalk.
(12) A mobile food vending vehicle may not operate for business on public property within
200 feet of an existing licensed restaurant establishment as measured door to vehicle along the curb line
of the public street from the entry door into the existing establishment to the vehicle.
(13) A mobile food vending vehicle may not operate in any one location zoned residence or
office for more than 60 minutes at a time.
(14) See also Section 12.08.090(Merchandise or personal property on the sidewalks).As
applicable,those provisions are incorporated herein by reference as if fully set forth verbatim.Any
action required or prohibited therein shall be required or prohibited, as applicable, by this ordinance.
(15) In no instance may a mobile food vending vehicle operate within an area previously
permitted for financial gain on public property including but not limited to,the Janesville Farmer's
Market or the Youth Sports Facility unless expressly allowed by the organization holding the financial
gain permit.A mobile food vending vehicle may not operate within 200 feet of a street or area of the
City designated for a community-wide special event or parades such as the Labor Day Parade or Fourth
of July celebration within Traxler Park as determined by the City Council. Except within those park areas
under lease agreement such as the Youth Sports Facility, an approval from both the leaseholder and
Recreation Director are required.
(16) Each owner, operator, and other person, whether or not licensed, who engages in any
activities regulated by this ordinance shall at all times fully and timely comply with and abide by each
and every requirement and provision set forth in this ordinance and with each and every other
ordinance of the City of Janesville, state law, and county ordinance.
Non-Motorized Food Vending Cart
(1) Carts must be stationary at all times when sales and related activities are occurring.
(2) Carts are allowed within the public right-of-way during permitted hours of operation,
but not in the travel lane.They also may set up and operate on the public terraces.
(3) Only one cart may be open for business at any time while in a privately owned parking
lot, provided that the vending cart has permission of the lot owner to locate on the private parking lot.
(4) Any power required for the vending cart located on a public way shall be self-contained
and shall not use utilities drawn from the public right-of-way. No power cable contained or equipment
shall be extended at grade across any city street,alley or sidewalk.
(5) Carts shall be prohibited from using, setting up in or on and shall not operate upon the
public bike trails or public sidewalks except in those areas zoned B5 and B6 (generally downtown)where
carts may be operated on the public sidewalks where a terrace area is not in existence and where a
minimum 5 foot pedestrian path on the sidewalk is maintained for pedestrian movement.
(6) In City Parks, carts are only allowed upon issuance of a permit for specific park areas
designated by the Recreation Director. Said approval shall also include payment of any associated park
use,financial gain and/or other license fee(s), as determined by the Director for each cart license.
(7) All cart vendors may sell pre-packaged "frozen confectionaries", soda, bottled water,
shaved ice and similar items in all areas of the community. In areas zoned conservancy, commercial or
industrial cart vendors may also sell hot/prepared food in addition to frozen confectionaries and similar
items as described above.
(8) No cart shall operate, sell, or dispense any item before 8:00 o'clock A.M. or after dusk
(sunset on any day) except for areas zoned B5 or B6 where they may operate until 3 a.m.
(9) No cart operator or other person shall use noise-makers, other than bells, lights,or
music to attract customers. Such bells and music shall not be used before 8:00 o'clock A.M. or after dusk
(sunset on any day). No electrical or mechanical sound generated within a vending area shall be audible
beyond the vendor's immediate working area and in no event more than 50 feet from the cart.
(10) See also Section 12.08.090.As applicable,those provisions are incorporated herein by
references as if fully set forth verbatim.Any action required or prohibited therein shall be required or
prohibited, as applicable, by this ordinance.
(11) A cart may not operate in any one location zoned residence or office for more than sixty
(60) minutes any one time.
(12) Each owner, operator, and other person, whether or not licensed, who engages in any
activities regulated by this ordinance shall at all times fully and timely comply with and abide by each
and every requirement and provision set forth in this ordinance, and with each and every other
ordinance of the City of Janesville, state law, and county ordinance.
ADOPTED: July 10, 2017 Motion by: Marklein
Second by: Williams
APPROVED: /
Councilmember Aye Nay Pass Absent
Ji . 1l ' 1
Conley X
.L Farrell X
Mark A. i -g, Cit Manage Gruber X
Jorgensen X
ATT S r i Marklein X
�1�" Williams X
�/ Wolfe X
a . Godek, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald KlimczyK, City Attorney
Proposed by: Building & Development Services
Prepared by: Building and Development Services
Manager and City Attorney