ORDINANCE #218

GROVELAND TOWNSHIP

FOOD TRUCK

CHAPTER 51

Groveland Township

Food Truck Ordinance

 Mobile Food Vending

At a regular meeting of the Groveland Township Board, held on Monday, April 12, 2021, the following ordinance was approved by a vote of 5 to 0 to regulate the business of food trucks operating within the Township of Groveland; to enact rules and regulations for the conduct of such businesses; to provide for licenses and fees; and to establish penalties for the violation of the provisions.

Division 1. Generally

Sec. 51-1.  Mobile Food Vendor (Food Truck) Licensing

Article 1. Intent.

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

Article 2. Definitions.

.  As used in this section, the following terms shall have the meanings indicated:

Mobile Food Vending: Preparing, vending, serving, or offering for sale food and/or beverages from a mobile food establishment which meets the definition of a “food service establishment” under Public Act 92 of 2000, and which may include the ancillary sales of branded items consistent with the food or vendor, such as a tee shirt that bears the name of the company, restaurant or organization engaged in mobile food vending with that mobile vendor.

Mobile Food Establishment (Food Truck): Any motorized or non- motorized vehicle, trailer, food truck, or other device designed to be portable and not permanently attached to the ground from which food is prepared, vended, served, or offered for sale. This includes mobile food establishments that do or do not have to return to a commissary once every 24 hours (i.e., includes special transitory food unit as defined by Oakland County).

Mobile Food Vendor or Vendor: Any individual, company, restaurant, or organization engaged in the business of mobile food vending; if more than one individual is operating a single cart, food truck,  or other means  of conveyance, then  “vendor”  shall  mean  all individuals operating such means of conveying food.

Mobile Food Establishment Commissary: An operation that is capable of servicing a mobile food establishment.

Operate or operation:  All activities associated with the conduct of business, including setup and takedown and/or hours of operation and locations where the mobile food establishments are lawfully open for business.

Private space: All privately owned or leased property where use of property for mobile food vending would require permission from the owner or lessee of the property.

Public space: All publicly owned or leased property, including but not limited to parks, plazas, streets, sidewalks, roads, shoulders, and parking spaces.

Article 3. Permit required.

(1) No mobile vendor shall engage in mobile food vending in any private or public space without a permit issued by Groveland Township’s Zoning Administrator authorizing such vending. The Groveland Township Board of Trustees shall prescribe the form of such permits and the application for such permits.

(2) All permits shall be prominently displayed on the mobile food establishment. A permit for vending shall not be issued by the Zoning Administrator unless the standards of this Ordinance are met and required documentation from the county and state is submitted.

Article 4. Duration of permit; non-transferability.

(1) All permits shall be issued by the office of the Groveland Township Zoning Administrator. The application for a permit shall be accompanied by a fee as defined.

(2) A permit for vending is available and valid for the duration of the calendar year in which it was issued, terminating on December 31.  This permit is valid only for the mobile food establishment identified on the permit.

(3) A single-event permit is also available for vendors wishing to operate a food truck during a Township-sponsored or Township-endorsed event, or other special events at a public space or private space. The duration is day-to-day as indicated on the permit.

(4) Any permit issued under this section is nontransferable from vendor to vendor or from food truck/mobile food establishment to food truck/mobile food establishment. Any unauthorized transfer or attempt to transfer a permit issued by Groveland Township’s Zoning Administrator shall automatically void such permit.

Article 5. Application for permit.

(1) Any vendor desiring to operate a food truck or engage in mobile food vending in Groveland Township shall submit a completed application to the Township’s Zoning Administrator and, upon approval, receive a permit issued by that office.

(2) The applicant shall fully and truthfully provide all information requested on the application for permit.  Subject to amendment by the Township, the requested documentation shall include:

a. License and registration information about the Mobile Food Establishment;

b. Evidence that all required health licenses have been obtained;

c.   A signed statement that the Vendor shall hold harmless and indemnify Groveland Township, and its elected officials, employees, agents, and representatives from any and all claims, damage or harm to property or injury to persons which may arise or result from the operation of the Mobile Food Establishment;

d. Vendor shall maintain and furnish proof of current general liability, food products liability, and property damage insurance identifying both the Vender and Groveland Township as insureds and protecting both from all claims, damage or harm to property or injury to persons, including death, which may arise or result from operation of the Mobile Food Establishment. Such insurance shall provide coverage for not less than $1million per occurrence.

(3) An issued permit shall be immediately revoked upon discovery of false or misleading statement(s) and/or documentation with submission of the application.

Article 6. Fees.

An application for a permit shall be accompanied by a fee in the amount established by resolution by the Groveland Township Board of Trustees. Fees for general permits apply for the calendar year in which the permit is issued. Fees for single or special event permits apply on a day-to-day basis as indicated on the permit.   There shall be no proration of fees. Fees are nonrefundable once a decision about the permit has been made by the Zoning Administrator.

Article 7. Requirements.

Any vendor engaging in mobile food vending shall comply with the following requirements in order to receive a permit to operate within Groveland Township.

(1) Applicant shall not have been issued· any citation or had permit revoked by any municipality for violating food related laws, regulations or ordinances within the previous 24 months.

(2) No mobile food establishment shall be left unattended.

(3) The mobile food establishment shall be removed from its vending location daily.

(4) All mobile food establishments shall terminate services and leave the site by 10:00 pm or within 90 minutes after a Township-sponsored or Township-endorsed event concludes.

(5) Mobile food establishments shall only operate on private property in districts zoned B1, B2, B3, OS, TR,11,12, RC, or Planned Development Districts, or other districts approved by the Groveland Township Board of Trustees. Vendors shall not operate on Township or county-owned property or on public streets unless authorized as a part of a Township-sponsored event. If operating on a private street, the customer service area for mobile food establishment shall be on the curb or lawn, when parked. No food service shall be allowed on the driving lane side of the mobile food establishment.

(6) When stationed on private property, the mobile food establishment shall not obstruct general circulation as intended or any emergency or safety route.

(7)   No food or drink shall be prepared, displayed, or sold outside of the mobile food establishment.

(8)   Vendors shall provide appropriate waste receptacles, including for public use, at the site of the establishment and remove all litter, debris, garbage, and other solid or liquid wastes attributable to the Vendor and/or customers. Waste shall be lawfully disposed daily. Waste shall not be discarded on public space.

(9)  Vendors shall not use any flashing, blinking, or strobe lights or similar effects to draw attention to the food truck or mobile food establishment; all exterior lights over 60 watts shall contain opaque hood shields to direct the illumination downward.

(10) Vendors shall not use music (deemed louder than normal ice cream vendors), amplification devices, or any other audible method to gain attention which causes  a disruption  or safety  hazard as determined by Groveland Township officials.

(11) There shall be no sign age used by Vendors except for what is allowed on the vehicle, food truck or mobile food establishment itself.

(12)  Vendors are prohibited from locating, placing, or putting dining furniture, fixtures, and equipment outside of the food truck. Only one accessory item is permitted per food truck to supply condiments, utensils, and/or napkins for its customers. It shall not exceed one-quarter the length of the food truck or extend more than two feet in width. A waste container for public use is not an accessory and shall be provided.

(13)   No vendor shall utilize any electricity or power without the prior written authorization of the power customer; no power cable or similar device shall be extended at or across any street or sidewalk except in a safe manner. If the food truck is not self-contained and requires outside electric service, a permit issued by Groveland Township Building Department is required.

(14) Vendors shall comply with all applicable Township laws, regulations, and ordinances,

including but not limited to those regulating noise, sign age, and loitering.

(15) Vendors shall not represent or advertise that the issuance of a permit under this section is in any way an endorsement of the operation by Groveland Township.

(16) No vendor shall operate in any public space or private space in a manner designed to avoid compliance with laws or regulations applicable to a conventional sit-down restaurant.

Article 8. Other legal compliance and necessary permits.

(1) Vendors shall comply with the Michigan Food Law (Public Act 92 of 2000, as amended) (2)   Vendors shall comply with all other local, state, and federal food regulations and obtain all required permits.

(3)  A permit obtained under this chapter shall not relieve any Vendor of the responsibility for obtaining any other permit or authorization required by any other resolution, ordinance, statute, or administrative rule.

(4)  If applicable, Vendors shall obtain letter of allowed use from property owner.

Article 9. Complaints; appeals; revocation of permit.

(1) If a written complaint is filed with Groveland Township Zoning Administrator alleging a food vendor has violated the provisions of this chapter, the Ordinance official shall promptly send a copy of the written complaint to the vendor together with a notice that an investigation will be made by the Zoning Administrator, with the assistance of other Township departments, as required, as to the legitimacy of the complaint. The vendor shall respond to the complaint, present evidence and respond to evidence produced by the investigation within 30 days. If the Zoning Administrator, after reviewing all relevant material, finds the complaint to be supported by a preponderance of the evidence, the complaint shall be certified which may result in further action being taken by Groveland Township.

(2) The Groveland Township Zoning Administrator shall revoke the permit, with or without written complaint, of any vendor engaged in mobile food vending who ceases to meet any requirement of this chapter or violates any other federal, state, or local law, ordinance, or regulation; makes a false statement on his/her application; or conducts the mobile food vending operation in a manner that is ad verse to the protection of the public health, safety, and welfare.

(3) If a permit is denied or revoked by the Zoning Administrator or if a written complaint is certified pursuant to this chapter, the applicant or holder of the permit may appeal to Groveland Township Board of Trustees. Such appeal shall be in writing. The Board of Trustees (or its designee) shall make a written determination after reviewing evidence related to the appeal as to whether the denial, revocation, or complaint is valid. If the Board of Trustees (or designee) determines that the denial, revocation, or complaint is valid as supported by a preponderance of the evidence, the action of the Zoning Administrator shall be sustained. The applicant may appeal the decision of the Groveland Township Board of Trustees (or designee) to a court of competent jurisdiction.

(4) Immediately upon such revocation the Zoning Administrator shall provide written notice to the permit holder by certified mail to the address indicated on the application. The permit to operate shall become immediately null and void upon revocation.

(5) Groveland Township reserves all other rights, remedies, and interests under Michigan law, including the pursuit of relief and damages in a court of competent jurisdiction.

Article 10. Appearance tickets.

The Zoning Administrator or such other officials as designated by the Groveland Township Board of Trustees are authorized to issue and serve appearance tickets with respect to a violation of this chapter pursuant to Michigan law.

Article 11.  Civil infraction.

A violation of this chapter is designated as a civil infraction subject to fines as set out in § 2-208 of the Groveland Township Code.

Article 12.  Severability.

If any provision of this section is held to be invalid by a court of competent jurisdiction, then such provision shall be severable from the remaining provisions, which shall remain in full force and effect.

Ordinance #218 shall become effective thirty (30) days after publication as required by law.  A copy of the complete ordinance is available for inspection at the Groveland Township Office.

Published Citizen:  April 17, 2021