HomeMy WebLinkAboutOrdinance No. 2026-021 Relating to Mobile Food UnitsORDINANCE NO. 2026-021
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON RELATING TO MOBILE FOOD
UNITS
WHEREAS, permitted and licensed food vendors are required to obtain food -service
permits, receive education regarding safe food handling, storage, and preparation, and are
subject to routine inspections to ensure compliance with applicable health and safety standards;
and
WHEREAS, the Snohomish County Health Department is authorized to inspect and
respond to unpermitted food vendors but has limited enforcement capability with respect to
ongoing operations within the City of Arlington; and
WHEREAS, unpermitted food vendors operate without the required permits or
inspections and therefore without verification that they possess the necessary power, potable
water, sanitation, cleaning facilities, and temperature -control capabilities required to safely
store, prepare, and handle food for sale to the public; and
WHEREAS, the operation of unpermitted food vendors undermines compliance with
established food -safety and licensing requirements, creates unfair competition for properly
permitted vendors, diminishes incentives to adhere to rigorous health standards, and poses a risk
to public health and safety; and
WHEREAS, existing enforcement tools available to the Snohomish County Health
Department and the City of Arlington are insufficient, standing alone, to deter or promptly
address the continued operation of unpermitted food vendors within the City, necessitating
additional local regulatory measures to ensure compliance with food -safety requirements and
prevent the spread of foodborne illnesses; and
WHEREAS, the regulation of mobile food units and unpermitted food vending activity
within the City is consistent with, and intended to complement, applicable state and local public
health laws, regulations, and food -safety codes, including those governing food service
permitting, inspection, and sanitation standards; and
WHEREAS, the City of Arlington has the authority and responsibility to provide for the
punishment of all practices dangerous to public health or safety, and to make necessary for the
preservation of public health, peace, and good order, and to provide for the punishment of all
persons charged with violating any city ordinance.
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows:
Section 1. Anew Chapter 6.12, "Mobile Food Units," is added to the Arlington Municipal
Code as follows:
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6.12.010 Purpose
The purpose of this chapter is to establish regulations and criminal penalties for unlawful mobile
food vending within the City of Arlington. The provisions of this chapter are in addition to the
requirements of Arlington Municipal Code Section 20.44.080, which may apply to some mobile
food units.
6.12.020 Definitions
(1) "Employer" means the individual, corporation, company, association, society, firm,
partnership, joint stock company, or the authorized agent(s) of these entities that is legally
responsible for the operation of the Mobile Food Vendor such as the owner, the owner's agent,
or other person.
(2) "Law enforcement officer" means any general authority, limited authority, or specially
commissioned Washington peace officer as those terms are defined in RCW 10.93.020, as now
or hereafter amended.
(3) "Lemonade Stand" means a temporary, informal retail operation, operated by a minor, that
sells lemonade or similar beverages and/or prepackaged snacks from a small, non -permanent
structure or table for a limited duration of time. A Lemonade Stand is not operated as a
commercial enterprise for profit and is primarily educational or recreational in purpose.
(4) "Mobile Food Vending Unit" and "MFVU" means the non -permanent structure used by a
Mobile Food Vendor.
(5) "Mobile Food Vendor" is a readily movable food establishment that prepares, packages,
serves, dispenses, and/or vends prepared food directly to the general public or otherwise
provides food for human consumption for profit from a non -permanent structure, including but
not limited to food stands, carts, booths, tents, and kiosks.
(6) "Responsible Operator" means the individual present at a Mobile Food Vending Unit who is
responsible for the operation as a Mobile Food Vendor.
(7) "Site Location" means a physical location, either public property or private property, from
which a Mobile Food Vendor sells prepared food to the general public.
6.12.030 Requirements and Restrictions
(1) Licensing Requirements
a. A Mobile Food Vendor must obtain:
i. A current and valid city business license issued to the Responsible Operator or their
Employer pursuant to AMC Chapter 5.28;
ii. A mobile food vendor must obtain an ACUP pursuant to AMC 20.44.080;
iii. A current and valid mobile food unit or other applicable food permit issued by the
Snohomish County Health Department to the Responsible Operator or their
Employer, which shall be displayed at all times in a prominent location on the MFVU
while operational as a Mobile Food Vendor.
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(2) Operational restrictions
a. No Mobile Food Vendor may:
i. Operate between the hours of 10:00 p.m. and 7:00 a.m., Monday through Sunday,
except as permitted under a current and valid city -issued permit;
ii. Operate in violation of any provision of the International Fire Code as adopted by
AMC Chapter 15.10; or
iii. Fail to restore the Site Location occupied by the Mobile Food Vendor to the
original or better condition upon removal of the MFVU;
(3) Location restrictions:
a. No Mobile Food Vendor may:
i. Operate within bus stops, loading zone, or a parking space, in violation of AMC
Section 10.54.050;
ii. Operate within a parking place reserved for persons with physical disabilities that
is identified as such according to RCW 46.61.581;
iii. Operate within five feet of an alley in violation of AMC Section 10.54.050;
iv. Operate within five feet of a driveway approach in violation of AMC Section
10.54.050;
v. Operate within fifteen feet of a fire hydrant, fire lane, or fire zone, in violation of
AMC Section 10.54.050;
vi. Operate in any location that inhibits the operation, maintenance, visibility, or
functionality of any utilities or street fixtures, as determined by city personnel
responsible for the maintenance and safety of such utilities or fixtures; or
vii. Operate on any public street or sidewalk, except as permitted under a current
and valid city -issued permit.
6.12.040 Exemptions
This chapter shall not apply to the following:
(1) Any federal, state, or local government agency;
(2) Lemonade Stands, as defined in this Chapter.
(3) Nonprofit organizations, including but not limited to public, religious, civil, charitable,
benevolent, nonprofit, cultural or youth organizations;
(4) Any persons regularly selling or delivering food products door-to-door to established
customers (see Arlington Municipal Code Chapter 5.04 for peddler and solicitor regulations); or
(5) Vendors operating at a farmers' or public market or other city -sponsored or approved activity
under the provisions of a city -issued Special Event permit.
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6.12.050 Penalty
(1) A violation of this chapter by a Responsible Operator is a Class 1 civil infraction pursuant to
Chapter 7.80 RCW and punishable by a fine of $250. Any additional violations within a one-year
period shall be a misdemeanor punishable in accordance with AMC Section 1.04.010.
(2) An Employer is guilty of a misdemeanor punishable in accordance with AMC Section 1.04.010
if he or she complicit in a violation of this chapter, pursuant to RCW 9A.08.020. Any additional
violations within a one-year period shall be a gross misdemeanor punishable in accordance with
AMC Section 1.04.010.
6.12.060 Enforcement
(1) The Arlington Police Department shall have the authority to enforce the provisions of this
chapter, except as otherwise authorized herein. This authority does not supersede or preclude
enforcement by other state or local authorities.
(2) The city's fire marshal or designee shall have the authority to enforce the provisions of AMC
Chapter 15.10 against any Responsible Operator or Employer.
(3) Any person requested to identify themselves to a law enforcement officer or fire marshal or
designee pursuant to an investigation of a violation of this chapter has a duty to identify
themselves and give their current address.
(4) For the purpose of enforcing the provisions of this chapter, a Law Enforcement Officer who
has reasonable grounds to believe a person observed by the officer is violating the provisions of
this chapter may detain such person for a reasonable period of time necessary to identify the
person and check the status of the permits required by AMC 6.12.030.
Section 2. The City Clerk and the codifiers of this Ordinance are authorized to make
necessary corrections to this Ordinance including, but not limited to, the correction of
scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and
any internal references.
Section 3. It is expressly the purpose of this Ordinance to provide for and promote the
health, safety and welfare of the general public and not to create or otherwise establish or
designate any particular class or group of persons who will or should be especially protected or
benefited by the terms of this Ordinance. It is the specific intent of this Ordinance that no
provision or any term used in this Ordinance is intended to impose any duty whatsoever upon
the City or any of its officers or employees. Nothing contained in this Ordinance is intended nor
shall be construed to create or form the basis of any liability on the part of the City, or its officers,
employees or agents, for any injury or damage resulting from any action or inaction on the part
of the City related in any manner to the enforcement of this Ordinance by its officers, employees
or agents.
Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state
or federal law or regulation, such decision or pre-emption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
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Section 5. Effective Date. The title of this ordinance, which summarizes the contents, shall
be published in the official newspaper of the City. This ordinance shall take effect and be in full
force five (5) days after the date of publication as provided by law.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this
day of - 2026.
Y 0 ARLINGTON
n E. Vanney, M `r
A T:
nn o nes, City lerk
APPROV.� A5 TO FORM:
Oskar Rey, ity Attorney
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CERTIFICATION OF ORDINANCE
I, Raelynn Jones, being the duly appointed Clerk of the City of Arlington, Washington, a
municipal corporation, do hereby certify that the following Ordinance No. 2026-021 was
approved at August 3, 2026 City Council meeting.
ORDINANCE NO. 2026-021
"N ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON RELATING TO MOBILE FOOD
UNITS"
A true and correct copy of the original ordinance is attached.
Dated this 3rd day of August 2026.
Z&fu,t A--
Rae J nes
City Cler for th ity of Arlington