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2023-878 FILE ORDINANCE No. 2023-0878 An Ordinance amending Ordinance Sections 12-166 and 12-167 pertaining to the Issuance of Mobile food vendor and Licensed motorized vendor truck licenses and amending the fee, with penalties and other relief for violations as set forth in JGO Section 12-168. Whereas, the City of Janesville Code of General Ordinance allows for those granted a license to sell pre-packaged frozen confectionaries, soda, water, shaved ice, and similar items or hot/prepared food; and Whereas, the current licensing fee to sell such items is $530 on the initial application and $270 to renew in subsequent years for an annual license that expires June 30, often the mid-cycle for outdoor mobile food vending in Wisconsin; and Whereas, a review of licensing found the fee in Janesville to be above the actual cost to issue and regulate locally, as well as at the top of the range of our peer cities and local neighboring municipalities: and Whereas, in an effort to increase compliance and provide options for seasonal vendors, staff is recommending changes to the license to include three time licensing time periods (annual, seasonal, and special event), removing the annual renewal option, and setting the fees at $250 for an annual license running January 1 through December 31; $150 fora seasonal license operating May 1 through September 30; and a special event license that is $75 for a license not lasting more than three consecutive days on one premises; and Whereas staff recommends the following changes to accommodate the above in sections 12-166 and 12-167 of the City of Janesville Code of General Ordinances: THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I: Section 12-166(b) of the Code of General Ordinances of the City of Janesville is hereby amended so that only the following sentence is deleted, and all other definitions set forth therein are reiterated, reaffirmed, and remain in full and effect: "Mobile food vending season means all year." SECTION II: Section 12-166(e)(3) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: "12-166(e)(3) Fees. $250 for an annual license running January 1 through December 31; $150 for a seasonal license operating May 1 through September 30; and a special event license that is $75 for a license not lasting more than three consecutive days on one premises." SECTION III: Section 12-166(e)(4) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: "12-166(e)(4) All initial and subsequent mobile food vending vehicle and cart licenses shall expire on the dates set forth in such license or permit." SECTION IV: Section 12-167(d) of the Code of General Ordinances of the City of Janesville is hereby amended so that only the following sentence is deleted and all other definitions set forth therein are reiterated, reaffirmed, and remain in full and effect: SECTION V: Section 12-167(e)(3) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: "12-167(e)(3) Truck— Initial license fee. $250 for an annual license running January 1 through December 31; $150 for a seasonal license operating May 1 through September 30; and a special event license that is $75 for a license not lasting more than three consecutive days on one premises." SECTION VI: Section 12-167(e)(4) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: "12-167(e)(4) Truck — renewal fee. $250 for an annual license running January 1 through December 31; $150 for a seasonal license operating May 1 through September 30; and a special event license that is $75 for a license not lasting more than three consecutive days on one premises." SECTION VII: Section 12-167(e)(5) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: "12-167(e)(5) All initial and subsequent mobile food vending vehicle and cart licenses shall expire on the dates set forth in such license or permit." Now therefore be it resolved that the City Council, acting as the governing body hereby amends and adopts these changes to Sections 12-166 and 12-167 that establish three (3) license types with fees that will cover the cost to issue said licenses for the periods listed, and removing renewal applications; and Be it further resolved that currently licensed with annual licenses to expire June 30th will receive prorated licenses that conform with these new requirements; and Be it further resolved that this this Ordinance takes effect upon publication. ADOPTED: September 25, 2023 Motion by: Williams APPROVED: Second by: Marshick Councilmember Aye Nay Pass Absent Benson X Burdick X Kevin M. Lahner, City Manager Jackson X ATTEST: Marshick X Miller X Neeno X Lorena Rae Stottler, City Clerk-Treasurer Williams X APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: City Clerk-Treasurer Prepared by: City Clerk-Treasurer