ORD2022.1474-Mobile Food Vendors
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1474
AN ORDINANCE TO AMEND CHAPTER 267-19 AND ADD CHAPTER 267-20
TO THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Mobile Food Vendors)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 267-19 of the Municipal Code of the City of Muskego is hereby
renumbered to 267-20 and the new 267-19 is to read as follows:
§ 267-19. Mobile Food Vendors.
A. Definitions. As used in this Chapter, the following terms shall have the meanings
indicated:
Mobile Food Vehicle. A motorized vehicle, including those on water (hereinafter
referred to as a “food truck" and/or "mobile food vehicle") which may temporarily
park in an area designated by this chapter and engage in the service, sale, or
distribution of ready-to-eat food for individual portion service to the general public
directly from the vehicle upon issuance of a vendor vehicle permit by the City Clerk
and conformance with the regulations established by this chapter. Mobile Food
Vehicles include pushcarts, trailers, bicycles, flotation apparatuses, and all other
devices which may be used for keeping, storing, or warming food or beverages for
sale by a Mobile Food Vehicle Vendor and which may or may not be moved with the
assistance of a motor.
Mobile Food Vehicle Vendor. The registered owner of a mobile food vehicle or the
owner’s agent or employee is referred to in this chapter as “vendor”.
B. Purpose and Authority.
The purpose of this ordinance is to regulate mobile food vending activities in order to
protect public health, safety, and welfare, while accommodating commercial uses
that generally promote an active and social pedestrian environment within
appropriate areas of the City of Muskego. This ordinance is also written with specific
consideration given to the continued successful operation of existing brick and
mortar restaurant establishments in recognition of the investments they make, and
tax revenue they generate within Muskego. The overall goal of this ordinance is to
provide a business climate in Muskego that offers fair opportunities for both mobile
food vending operations and permanent restaurants in order to provide residents
and visitors with a variety of food options and a vibrant food scene in our community.
The Common Council carries out these purposes under its legislative authority and
police power under Sec. 62.11(5), Wis. Stats. to regulate and license to protect the
public’s health, safety, and welfare.
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C. Scope.
This Chapter shall apply to all mobile food vehicles in the City of Muskego,
regardless of whether mobile food establishments currently exist or are permitted
before the adoption of this Chapter.
D. Exemptions.
The provisions of this section shall not apply to the following:
1. Those transacting business entirely inside a store building;
2. Those who operate a permanent business establishment that place items sold at
such operator's business establishment outside of their business for which Plan
Commission approval is required;
3. Those who operate home delivery conveyance of grocery stores, restaurants,
dairies and/or bakeries;
4. Any person selling agricultural food products which such person has grown so
long as there is no onsite food preparation and said person is licensed with the
appropriate State or local agency;
5. Any person selling goods at a farmer's market/flea market, on premises under
the control of the farmer's market/flea market organizers, so long as said person
is licensed with the Waukesha County Health Department. Any events occurring
more than one time in a calendar year shall require Plan Commission approval;
6. Any person with a food stand/unit at a festival, with permission from festival
organizers, on premises under the control of festival organizers;
7. Any nonprofit organization that conducts such business as part of the non-profit’s
fundraising activities or endeavors at occasional times.
8. A City resident under the age of 18 selling water, soda, shaved ice, or similar
beverage only at occasional times from a stand on private property, or within a
park with the permission of the Muskego Recreation Department.
E. Permit required.
1. It shall be unlawful for any person to do any of the following within a public right-
of-way or on public property in the City of Muskego without first having obtained
a valid vendor vehicle permit as prescribed in this chapter:
a. Operate a mobile food vehicle;
b. Serve, sell, or distribute food from a mobile food vehicle;
c. Cook, wrap, package, process, or portion food in a mobile food vehicle for
service, sale, or distribution.
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F. Permit application.
1. Any person desiring to operate a mobile food vehicle will make written application
for a vendor vehicle permit to the City Clerk's office. The application for such
permit shall be on forms provided by the City Clerk's office and will include all of
the following:
a. The name, signature, and address of each applicant and of each member or
officer of a corporate applicant.
b. Vehicle registration and a description, including make, model, vehicle
identification number (VIN), and license plate, of the mobile food vehicle.
c. A valid copy of all necessary licenses, permits or certificates required by the
County of Waukesha, the State of Wisconsin, or any subsidiary enforcement
agencies or departments thereof, including but not limited to valid proof of
registration for the vehicle and driver's licenses for all operators.
d. The location(s) in which the mobile food vehicle intends to operate within the
City limits.
e. Any additional information deemed necessary by the City Clerk to determine if
issuance of a mobile food vending permit would be in the best interest of the
public.
2. Upon receipt of an application for a vendor vehicle permit, the Clerk may conduct
a background check and may refer to the Chief of Police, or his or her designee,
who may make and complete an investigation of the statements made in such
application. Any such investigation will be completed as soon as practicable. The
City Clerk may refuse to issue a permit if any of the following is determined:
a. The application contains any material omission or materially inaccurate
statement;
b. The applicant is not eligible to have the vendor vehicle permit under the
provisions of § 111.321 et. seq., Wis. Stats., or any other applicable
Wisconsin Statute(s) or Laws.
c. The applicant was convicted of a crime, statutory or ordinance violation within
the last five years, the nature of which is directly related to the applicant’s
fitness to engage in direct selling or is a violation pertinent to the safety of
citizens, including, or of a similar nature to, fraud, burglary, robbery, theft,
assault and sexual assault.
d. The applicant failed to comply with any applicable provisions of Subsection
F(1) above.
e. The applicant fails to sign a Mobile Food Vendor Permit and Hold Harmless
Agreement provided by the City.
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3. At the time the application forms are turned in, a fee to cover the cost of
processing the registration, as well as the required annual license fee shall be
paid to the Clerk in an amount as established by the Common Council.
4. The City Clerk shall issue or deny the permit, in his or her sole discretion, based
on the foregoing conditions. In the event of denial, said determination shall be in
writing and notice will be provided via in person or by first class mail or email to
the addresses listed on the application. An applicant who is denied a permit may
have said determination reviewed by the Common Council. In such an instance,
the review shall be conducted in accordance with Chapter 6 of the Muskego
Municipal Code.
5. A permit issued under this section shall be valid for a period of one year, unless
suspended or revoked for cause, and shall not be assignable or transferable.
a. Each vendor vehicle permit will expire on June 30th of each year.
b. A vendor vehicle permit is not transferable from person to person.
c. A vendor vehicle permit is valid for one vehicle only and is not transferable. A
separate permit shall be obtained for each vehicle used by the mobile food
vehicle vendor.
d. The vendor vehicle permit will be permanently and prominently affixed to the
mobile food vehicle.
e. Permit fees, late fees, and renewal fees shall be paid in accordance with the
fee schedule set by resolution of the City Council.
G. Regulations.
1. No person shall park, stop, or operate a mobile food vehicle, nor shall any vendor
vehicle permit any person to park, stop, or operate a mobile food vehicle in a
location adjacent to or within a one-hundred-foot radius of the nearest edge of
any lot line of a building comprising a licensed food establishment, the kitchen of
which is open for serving food to patrons. This requirement may be waived if the
most recent application for a vendor vehicle permit was submitted together with
the written consent of the proprietor of the adjacent licensed food establishment.
2. When on public a right-of-way, the customer service area for mobile food
vehicles shall be on the side of the truck that faces a curb, lawn, or sidewalk
when parked. No food service shall be provided on the driving lane side of the
truck. No food shall be prepared, sold, or displayed outside of a mobile food
vehicle.
3. All vendors will abide by all parking and traffic laws, ordinances, statutes, rules,
and regulations at all times.
4. All mobile food vehicle units must maintain a distance of 10 feet from the nearest
edge of any building, vehicle, and combustible materials. All vendors will
maintain any legally required distances from crosswalks, curb cuts, sidewalk
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benches, bike racks, bus shelters and stops, vision corners, and other
obstructions. The vendor is required to set up the mobile food vehicle, arrange
for waiting on customers, and have customers line up in a way that avoids
conflict between customers and the traveling public including pedestrians, parked
vehicles, and moving vehicles. Mobile food vehicles are not permitted on public
sidewalks, recreation trails, or any gravel or grassy area adjacent to a street.
5. Mobile food vendors are allowed in City parking lots, including those within City
parks, only as part of an approved special event or upon approval by the
Common Council. Mobile food vendors are allowed adjacent to or within City
parks with Common Council approval.
6. Mobile Food Vendors are allowed in City parks as part of a Recreation
Department approved private park rental for a closed event and the food served
is at no charge to the guests. Examples would include weddings, corporate
events, company picnics, graduations, etc.
7. A person with a valid driver's license of such a classification to allow the
operation of the mobile food vehicle shall be with the vehicle at all times that any
activity is taking place in the mobile food vehicle. The vehicle towing the trailer
being used as a mobile food vehicle must be on the premises at all times. The
vendor is liable for any violation of this subsection.
8. All mobile food vehicle vendors shall provide a waste container for public use
which the vendor shall empty at its own expense. All trash and garbage
originating from the operation of mobile food vehicles shall be collected and
disposed of off-site by the operators at least each day and as often as is
reasonable to protect the public health, safety, and welfare. Spills of food or food
by-products shall be cleaned up by the vendor and no dumping of gray water
within the City shall be permitted. No trash or garbage shall be disposed of in any
City park dumpster or waste receptacle.
9. The mobile food establishment shall be required to be inspected by the
Waukesha County Health Department and to satisfy the relevant provisions of
Ch. ATCP 75, Wis. Ad. Code. In addition, the mobile food establishment shall
pay an inspection fee for this inspection and provide proof of said inspection to
the City Clerk at his or her request.
10. Any power or fuel required for the mobile food vehicle shall be self-contained,
and a mobile food vehicle shall not use utilities drawn from the public right-of-way
or City park. Mobile food vehicles on private property may use electrical power
from the property being occupied or an adjacent property, but only when the
property owner provides consent to do so. All power sources must be self-
contained. No power cable or equipment shall be extended at or across any City
street, recreation trail, or sidewalk.
11. Mobile food vehicle vending hours on public property and public rights-of-way are
from 8:00 a.m. to 10:00 p.m. each day of the week. Mobile food vehicles must be
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closed, the area cleaned, and the mobile food vehicle removed by the time
specified. Mobile food vehicle vending hours are restricted on private property
locations to the same hours as stated herein unless approval for a longer time
period is approved by the Common Council.
12. Nothing in this chapter shall be deemed to supersede or repeal any ordinance
relating to noise, park closing hours, or parking, except as specifically provided in
this chapter. Vendors will take every precaution to ensure that their operations do
not materially affect the peace and welfare of the general public nor cause any
unreasonably loud, disturbing, and unnecessary noise or any noise of such
character, intensity, or duration as to be detrimental to the life or health of any
individual or which is in the disturbance of public peace and welfare, and/or
which creates a nuisance.
13. No signage is allowed as part of promoting the food vehicle sales with the
exception of signage attached directly to the mobile food vehicle.
H. Suspension and revocation.
A vendor vehicle permit may be suspended or revoked by the City Clerk or the Chief
of Police (1) if the permit holder made any material omission or materially inaccurate
statements in the permit application, (2) if the permit holder violates any provision of
this chapter, (3) if there are noise complaints related to the mobile food vehicle or
the operation thereof, or (4) if the permit holder becomes ineligible to hold the permit
under the provisions of § 111.321 et. seq., Wis. Stats. or any other applicable
Wisconsin Statute(s) or Laws. Notice of suspension or revocation will be personally
served on the applicant and will include a statement of the act(s) upon which the
determination is based. Said determination of suspension or revocation may be
reviewed, at the request of the permit holder, by the Common Council to be
conducted in accordance with Chapter 6 of the Muskego Municipal Code.
I. Violations and penalties.
1. Any person violating any provisions of this chapter shall be subject to the
forfeitures and penalties contained in § 1-4 of this code. Each day of violation
shall constitute a separate offense.
2. The Police Department and/or the Recreation Department shall have concurrent
authority to remove or cause the removal of any vending equipment or
merchandise found on the street, sidewalk, or other vending location in violation
of any regulations established pursuant hereto. In addition to any forfeiture, the
violator shall be liable for the costs of removal, towing, and storage charges
incurred by either department.
3. The City of Muskego shall also have the right to seek any remedies available to it
under the law or in equity with respect to any violation(s) of this chapter.
SECTION 2: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the
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specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance is in full force and effect from and after passage and
publication subject to approval.
PASSED AND APPROVED THIS 24th DAY OF MAY 2022.
CITY OF MUSKEGO
_______________________________
Rick Petfalski, Mayor
First Reading: May 10, 2022
ATTEST:
Clerk-Treasurer
Summary of Ordinance Published: ________, 2022
5/22cmc