The City of East Lansing ordains:

ARTICLE III. PEDDLERS, SOLICITORS, MOBILE FOOD VENDORS, TRANSIENT FOOD MERCHANTS AND TRANSIENT RETAIL MERCHANTS

DIVISION 1. GENERALLY

Sec. 8-131. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in thissection, except where the context clearly indicates a different meaning:

Concessionaire means any person, whether a resident of the city or not, or any firm, partnership, corporation, whether organized for profit or not, or other business entity, who receives a license under the provisions of section 8-133(7) to sell or offer for sale goods, services, or merchandise from a temporary or portable structure or fixture at aspecified location within the downtown business district.

Mobile Food Vending means vending, serving, or offering for sale food and/or beverages from a mobile food vending unit.

Mobile Food Vending Unit means any motorized or nonmotorized vehicle, trailer, stand, cart, or other devicedesigned to be portable and not permanently attached to the ground, from which food is prepared onsite and vended, served, or offered for sale.

Operate means activities associated with the conduct of a mobile food vending business, including setup andtake down and/or actual hours where the mobile food vending unit is open for business.

Mobile Food Vendor means any individual engaged in the business of mobile food vending; if more than one individual is operating a motorized or nonmotorized vehicle, trailer, stand, cart, or other device designed to be portable, then "vendor" shall mean all individuals operating such motorized or nonmotorized vehicle, trailer, stand, cart, or other device designed to be portable.

Peddler means any person, whether a resident of the city or not, or any firm, partnership, corporation, whether organized for profit or not, or other business entity, who travels by foot, wagon, cart, motor vehicle, or other conveyance, from place to place, carrying, selling or offering for sale, goods, services, or merchandise, or whowithout traveling from place to place, sells or offers the same for sale from a motor vehicle, wagon, trailer, railroad car, or other vehicle, or conveyance, or from a cart, stand, booth, display case, or other temporary portable structureor fixture. The term "peddler" shall include "hawker" and "huckster" and shall include

route salespersons selling randomly to customers along a fixed route, but not route salespersons supplying only prior customer orders.

Solicitor means any person, or any firm, partnership, profit or nonprofit corporation, or other business entity whotravels by foot, motor vehicle, or other conveyance from place to place seeking to obtain orders for the purchase of goods, services, or subscriptions for future delivery or performance, or who, without traveling from place to place, solicits the same from a motor vehicle or other conveyance or from a stand, cart, booth, or other temporary or portablestructure or fixture, but not wholesalers or jobbers supplying only retail establishments.

Transient Food Merchant means any motorized or nonmotorized vehicle, trailer, stand, cart, or other device designed to be portable and not permanently attached to the ground, from which prepackaged food is vended, served, or offered for sale.

Transient retail merchant means any natural person, or any firm, partnership, profit or nonprofit corporation,or any other business entity engaged in the retail sale or delivery of goods or services from any lot, premises, building, room, or structure on a temporary basis where such person does not have a permanent business location within the city that is subject to the city's real or personal property taxes for the current year.

City sponsored event means an event that is principally planned, administered, coordinated, held by, and paid for by the City of East Lansing.

City sanctioned event means an event that is principally planned, administered, coordinated, and paid for by anentity other than the City of East Lansing, but is permitted by the City of East Lansing to hold the event at a City facility and/or utilize City resources.

Private event means an event that takes place on private property where no food or beverages will be offered for sale to members of the public.

(Code 1994, ch. 73, § 7.51)

Cross reference(s)—Definitions generally, § 1-7.

Sec. 8-132. Conduct of business generally.

• Mobile food vendors and transient food/retail merchants must be licensed, obtain a permit, or otherwise receive authorization to operate within the City of East Lansing.
• All persons licensed under this article and each of their agents or employees are required to exhibit their licenses, upon request, to any private citizen or police officer.
• Any licensee using any cart, wagon, motor vehicle, or other conveyance, when stopping upon the streets or public places of the city for the purposes of conducting business shall draw up to and parallel with the curb lineand in such a manner so as not to obstruct vehicle or pedestrian travel.

(Code 1994, ch. 73, § 7.55)

Sec. 8-133. Prohibited practices.

The following conduct by any licensee shall be considered in violation of this Code and, in addition to the penalties provided by section 1-12 of the Code, may result in the suspension, revocation, or denial of the holder's license:

• Entering a private residence under pretense other than for soliciting or
• Remaining in a private residence or on the premises thereon after the owner or occupant thereof has requested any such person to leave.
• Going in and upon the premises of a private residence to solicit or peddle when the owner or occupant thereof has displayed a "no soliciting" or "no peddling" sign on such premises. Such signs shall be conspicuously displayed at or near the main entrance to the premises, but shall not exceed one square footin surface display
• Soliciting or peddling at a private residence prior to 9:00 m. and after 9:00 p.m. unless by prior invitation of the occupant.
• Soliciting, peddling, or mobile food vending within 20 feet of a licensed restaurant unless support from thelicensed restaurant is provided in writing as part of the license
• Mobile food vending within 10 feet of any building or other mobile food vending
• Soliciting, peddling, or mobile food vending on a street or within 500 feet of an area which has been closed by council resolution for an art fair, street fair, or other special event, except where special permits are issuedin accordance with standards established by city council.
• Soliciting, peddling, or mobile food vending outside of the operating hours approved as part of a licensee’s application. Solicitors, peddlers, and mobile food vendors must only be onsite during operating hours approved in the application and must otherwise vacate the premises.
• Shouting, or calling wares, or using a public address system, horn, bells, or other noisemaking deviceto call attention to the licensee's business in such a way as to disturb residents or adjacent businesses.
• Occupying any space for the purpose of peddling, soliciting, mobile food vending, or as a transient merchant on any public place, streets, or adjacent public rights-of-way within business districts, except as follows:
  • A mobile food vending unit license may be granted by resolution of the city council or by the city manager pursuant to guidelines approved by city council within appropriate areas of the public rights-of-way or other city-owned property located in zoning districts B1-General Office Business, B2-Retail SalesBusiness, B3-City Center Commercial, B4-Restricted Office Business, B5-Community Retail Sales Business, OIP - Office Industrial Park, C-Community Facilities, and any other property owned by the City and used as a public park regardless of zoning district. Licensed mobile food vending units may operate up to 7 days per week, but shall be limited to the

following hours of operation specific to each zoning district or city sponsored or sanctioned event as follows:

B1-General Office Business (6:00 AM – 10:00 PM)

If within the Downtown Development Authority District Boundary: (6:00 AM – 12:00 AM)

B2-Retail Sales Business (6:00 AM – 10:00 PM)

If within the Downtown Development Authority District Boundary: (6:00 AM – 12:00 AM)

B3-City Center Commercial (6:00 AM – 12:00 AM)

B4-Restricted Office Business (6:00 AM – 10:00 PM)

B5-Community Retail Sales Business (6:00 AM – 10:00 PM) OIP - Office Industrial Park (6:00 AM – 10:00 PM)

C-Community Facilities (facility’s operational hours)

Any city owned park regardless of zoning designation (facility or event specific) City Sponsored or Sanctioned Events (event specific)

A fee shall be paid by each mobile food vendor in an amount to be established by council by resolution.

• If a registered neighborhood association has received a permit for a block party under Section 38-37, then the neighborhood association may allow two or fewer mobile food vending units to operate for up to four hours during the block party. A neighborhood association may only have mobile food vending units at12 block parties during each calendar A mobile food vending unit operating under this subsection must first receive a special event mobile food vending permit from the City but is not required to obtain a mobile food vending unit license under subsection (a) above.
• A special event mobile food vending permit may be granted by the city manager or their designee to operate a mobile food vending unit at a City sponsored or sanctioned Special event mobile foodvending units shall be limited to locations and times established in an approved special event mobile food vending unit permit application, and a fee shall be paid by each mobile food vendor in amount to be established by council but is not required to obtain a mobile food vending unit license under subsection (a) above.
• A transient food merchant permit may be granted by the city manager or their designee pursuant to guidelines and fees approved by city council.

• No licensee shall sell or offer for sale any goods or services in any city park unless such licensee firstobtains a license as required in chapter 28, article II of this Code, pertaining to use of parks, or a mobile food vending unit license for any city park pursuant to subsection (10) of this section.

(Code 1994, ch. 73, § 7.56; Ord. No. 1315, 11-6-2013)

Secs. 8-134—8-150. Reserved.

DIVISION 2. MOBILE FOOD VENDING LICENSE 

Sec. 8-151. Required.

• It shall be unlawful for any person to engage in the business of a peddler, solicitor, transient food merchant, or mobile food vending unit within the limits of the city, except as provided at subsections (a) through(i) of this section, without first having obtained a license issued by the City Clerk.
  • Any person engaged in the retail sale of goods, wares, merchandise, or services at a permanent location in the city and subject to the city's ad valorem real or personal property taxes shall not be required to obtain a license or permit to sell as a transient merchant at any other location within the city, but shall be required to comply with every other provision of this article regulating such activity.
  • Any individual engaged in the business of mobile food vending at a city sponsored or sanctioned event, including the East Lansing Farmers Market, East Lansing Art Festival, or any other special event or program facilitated by or sponsored by the City of East Lansing, must obtain approval by the city manager or their designee.
  • Any person engaged in the business of mobile food vending at a private event where no food or beverages will be offered for sale to members of the public shall not be required to obtain a license or permit, but shall be required to comply with every other provision of this article regulating such activity, provide at least ten (10) business days’ notice to the City Clerk’s office, and be subject to a safety inspection upon request by the East Lansing Fire Marshal and Electrical Inspector or their designee.
  • A mobile food vendor license is not required for mobile food vending units from which only pre-packaged food is vended, served, or offered for sale. The Transient Food Merchant Permit program willadminister mobile food vending units from which prepackaged food is vended, served, or offered for sale.
  • A transient retail merchant is not required to obtain a license or permit for the retail sale of goods, wares, merchandise, or services at a city sponsored or sanctioned event, including the East Lansing Farmers Market, East Lansing Art Festival or any other special event or program facilitated by or sponsored by the City of East Lansing. A transient retail merchant shall be required to obtain approval from the city manager or their designee for the retail sale of goods, wares, merchandise, or services at a city sponsored special event, including the East Lansing Farmers Market, East Lansing Art Festival or any other special event orprogram facilitated by or sponsored by the City of East Lansing.
  • Any person under the age of 18 years of age, except that person under age 18 peddling or vending from a motor vehicle, shall be required to obtain a license.
  • Those persons granted temporary use permits for the display and sale of products used for seasonal decoration pursuant to section 50-151 of this Code shall not be required to obtain a license, but shall besubject to all other provisions of this

• Any person having credentials representing any recognized religious or charitable organization that has been granted a current license by the Michigan Attorney General under the provisions of the CharitableOrganizations and Solicitors Act, Public Act 169 of 1975 (MCL 400.271 et seq.).
• Those persons having credentials representing any locally established religious organization orschool and which state that the entire proceeds of sale shall be paid over to said school or religious organization
• Those persons having credentials representing any newspaper of general circulation and which state that the entire proceeds of sale shall be paid over to said newspaper of general circulation.

• All mobile food vending licensees shall meet the following operational compliance standards:
  • Mobile food vending units must locate on an improved parking surface. Mobile food vendors shall notoperate on trails, dirt paths, or other surfaces that have not been
  • When parked on a street, alley, or roadway, mobile food vending units must be parked in conformance with applicable parking requirements, pay any applicable parking fees, and not hinder the lawful parking or operation of other vehicles.
  • Mobile food vending units must not be located in a manner that blocks a public sidewalk or pathway or designated fire lane, or otherwise impedes pedestrian or vehicular movement.
  • No alcohol is allowed to be sold from mobile food vending
  • No banners, streamers, flags, flashing lights, blinking lights, or strobe lights shall be permitted on the mobile food vending unit or on the portion of the site where the mobile food vending unit is parked, unlessexpressly allowed elsewhere in the Code of
  • Mobile food vendors are required to provide trash receptacles for their operation (minimum 48-gallon size) and provide proper disposal of trash and waste associated with their operation. A minimum of one trash receptacle must be provided but more may be needed to adequately serve their operation. A minimum of one recycling receptacle must be provided by mobile food vendors that provide recycling containers and packaging to patrons.
  • Mobile food vendors must keep clean the subject property where they operate, including rights of wayswithin 25-feet of the subject property of their This includes grease, trash, paper, cups, cans and any other items associated with the vending operation.
  • No amplified music, speakers, or other noise is allowed as part of the mobile food vending operations. Mobile food vending units must comply with the City Code, including the City’s Noise Ordinance (Section 26-81).

• All exterior lighting associated with the mobile food vending unit, whether on the mobile food vendingunit itself or placed on the site where the mobile food vending is occurring, shall be shielded to direct the illumination downward.
• No tables or seating shall be placed in the public right-of-way and in parks for mobile food vending operations.
• Any tables or seating infrastructure proposed for use on private property for mobile food vending unit operations requires a site plan approved by the Planning and Zoning

(Code 1994, ch. 73, § 7.52)

Sec. 8-152. Requirement of State License

Prior to issuance of a mobile food vending unit license, an applicant shall submit evidence of a license issued by the Ingham County Health Department or other regulatory public health authority. The evidence must be included as part of the mobile food vendor application.

Sec. 8-153. Requirement of Safety Inspection Certification 

Prior to issuance of a mobile food vending unit license, an applicant shall submit evidence of a safety inspection certificate issued by the East Lansing Fire Marshal and Electrical Inspector. The safety inspection certificate must beincluded as part of the mobile food vendor application.

The electrical inspection shall conform to the current NEC in order to reduce shock hazards. An annual safetyinspection must be conducted by the East Lansing Fire Marshal and Electrical Inspector and a safety inspectioncertification submitted to the City Clerk’s Office as part of the mobile vending unit license renewal application.

Sec. 8-154. Safety Inspection Fee.

A safety inspection fee shall be paid by the mobile food vendor or operator for each mobile food vendor unit license or annual renewal in an amount to be established by council.

Sec. 8-155. Applications Fees.

An application fee shall be paid for a mobile food vendor license application or annual mobile food vending unit license renewal application in an amount established by city council. There shall be no proration of fees. Fees arenonrefundable once a license is issued by the City Clerk’s Office.

Sec. 8-156. Application.

Applicants for a license under this article shall file a verified application on a form prescribed by the City Clerk. An application for license under this article must include:

1. Contact information for the mobile food vending operator, including driver’s license
2. License plate number for the mobile food vending
3. The approximate dimensions of the mobile food vending
4. A description of the type of food to be
5. A description or depiction of the proposed location(s) for operating the mobile food vending unit, including:
   1. The type of surface the mobile food vending unit will operate on, and
   2. Where customers will wait in line for mobile food vending
6. The proposed days and hours or operation for the mobile food vending
7. A description of how waste will be managed and disposed of, including grey
8. A description of the power source used in the vehicle (generator, propane, wood, ).

9. A map depicting the proposed location of the mobile food vending
10. If on private property, written permission from the property owner in which the mobile food vending will occur.
11. A signed statement that the operation will meet all applicable local and state laws and comply with requirements of the Ingham County Health Department.
12. Evidence of a current state license issued by the local health department for the mobile food vending unit.
13. A copy of the Notification of Intent to Operate a Special Transitory Food Unit (mobile food vending unit) provided to the Ingham County Health Department.
14. A copy of a safety inspection certificate issued by the City of East Lansing Electrical Inspector and Fire Marshal.
15. Proof of commercial liability insurance of no less than $1,000,000 per occurrence naming the City of East Lansing as additionally insured.
16. If proposing the installation of temporary seating and tables during mobile food vending operations, a proposed site plan is required as part of the application.

Sec. 8-157. Indemnify and Insurance

Licensee shall, to the fullest extent permitted by law, defend, indemnify, and hold the City harmless against any claim that may arise from its operations and/or use of the public right of way. The Licensee shall obtain and maintain during the term of the license a comprehensive general liability insurance policy written on an occurrence basis having policy limits of no less than $1,000,000 per occurrence. A certificate of insurance naming the City as additionally insured shall be filed by licensee with the approved application. The certificate shall provide that the City will receive 30 days prior written notice of cancellation or non-renewal.

Sec. 8-158. Exemptions from fees.

The following persons, if not otherwise exempt from the license requirements under section 8-151(1) through (8), shall be exempt from the payment of license fees of this article, but shall be required to apply for and obtain a license and shall comply with all other provisions of this article:

• Farmers selling any products grown, raised, or produced by
• Persons selling handicrafts, merchandise, or books or publications of their own make, construction, or authorship.

(Code 1994, ch. 73, § 7.57)

DIVISION 2. SPECIAL EVENT MOBILE FOOD VENDING PERMIT

Sec. 8-159. Required.

1. It shall be unlawful for any person to engage in the business of a peddler, solicitor, transient food merchant, ormobile food vending unit at any City sponsored or sanctioned

event or neighborhood association block party without first having obtained a permit issued by the City Clerk.Special event food vending permits shall be subject to approval by the city manager or their designee.

2. All mobile food vending licensees shall meet the following operational compliance standards:
   • Mobile food vending units must locate on an improved parking surface. Mobile food vendors shall notoperate on trails, dirt paths, or other surfaces that have not been
   • When parked on a street, alley, or roadway, mobile food vending units must be parked in conformance with applicable parking requirements, pay any applicable parking fees, and not hinder the lawful parking or operation of other vehicles.
   • Mobile food vending units must not be located in a manner that blocks a public sidewalk or pathway or designated fire lane, or otherwise impedes pedestrian or vehicular movement.
   • No alcohol is allowed to be sold from mobile food vending
   • No banners, streamers, flags, flashing lights, blinking lights, or strobe lights shall be permitted on the mobile food vending unit or on the portion of the site where the mobile food vending unit is parked, unlessexpressly allowed elsewhere in the Code of
   • Mobile food vendors are required to provide trash receptacles for their operation (minimum 48-gallon size) and provide proper disposal of trash and waste associated with their operation. A minimum of one trash receptacle must be provided but more may be needed to adequately serve their operation. A minimum of one recycling receptacle must be provided by mobile food vendors that provide recycling containers and packaging to patrons.
   • Mobile food vendors must keep clean the subject property where they operate, including rights of wayswithin 25-feet of the subject property of their This includes grease, trash, paper, cups, cans and any other items associated with the vending operation.
   • No amplified music, speakers, or other noise is allowed as part of the mobile food vending operations. Mobile food vending units must comply with the City Code, including the City’s Noise Ordinance (Section 26-81).
   • All exterior lighting associated with the mobile food vending unit, whether on the mobile food vendingunit itself or placed on the site where the mobile food vending is occurring, shall be shielded to direct the illumination downward.
   • Mobile food vending units approved for a special event food vending permit are subject to a safety inspectionupon request by the East Lansing Fire Marshal and Electrical Inspector or their designee at any point before or during the special event.

Sec. 8-160. Application.

Applicants for a permit under this article shall file a verified application on a form prescribed by the City Clerk. Applications for special event food vending permits must be submitted at least ten (10) business days prior to thespecial event. Applications submitted within ten (10) business days of the special event may not be considered. A permit application under this article must include:

1. Contact information for the mobile food vending operator, including driver’s license
2. License plate number for the mobile food vending
3. The approximate dimensions of the mobile food vending
4. The name and location of the special
5. The date or dates of the special
6. The hours of operation the mobile food vending unit will operate during the special event. A mobile foodvending unit must only be onsite during operating hours approved in the application and must otherwise vacate the premises.
7. A description of the type of food to be
8. A description of how waste will be managed and disposed of, including grey
9. A description of the power source used in the vehicle (generator, propane, wood, ).
10. A signed statement that the operation will meet all applicable local and state laws and comply with requirements of the Ingham County Health Department.
11. Evidence of a current state license issued by the local health department for the mobile food vending unit, ora copy of the Temporary Food Establishment License Application submitted to the Ingham County Health Department.
12. A copy of the Notification of Intent to Operate a Special Transitory Food Unit (mobile food vending unit) provided to the Ingham County Health Department.
13. Proof of commercial liability insurance of no less than $500,000 per occurrence naming the City of East Lansing as additionally insured.
14. If applying for a special event food vending permit to operate a mobile food vending unit at a neighborhood association block party, then a copy of the letter received from a neighborhood association authorizing the block party is required.

Sec. 8-161. Indemnify and Insurance

Each approved mobile food vending unit operator must, to the fullest extent permitted by law, defend, indemnify, and hold the City harmless against any claim that may arise from its operations and/or use of the public right of way. Themobile food vending unit shall obtain and maintain a comprehensive general liability insurance policy written on an occurrence basis having policy limits of no less than $500,000 per occurrence. A certificate of insurance naming the City as additionally insured shall be filed with the City before the date of the event. The

certificate shall provide that the City will receive 30 days prior written notice of cancellation or non-renewal.

Secs. 8-162—8-180. Reserved.

 Moved by Council member:  Altmann

Supported by Council member: Singh

ADOPTED:

Yeas: Altmann, Meadows, Watson, Singh

Nays: Brookover

Absent: None

George Brookover, Mayor Dated: June 6, 2024

CLERK’S CERTIFICATION: I hereby certify that the foregoing is a true and complete copy of a Policy Resolutionadopted by the East Lansing City Council at its meeting held on Tuesday, June 4, 2024, the original of which is part of the Council’s minutes.

Marie Wicks, Clerk City of East Lansing

Ingham and Clinton Counties, Michigan

Approved as to form:

East Lansing City Attorney

CP#24-544