Appendix 521. Food Vending.
Intent: The purpose of this ordinance is to provide standards for mobile food vendors while balancing the interests of public health, safety, and overall community wellbeing.
521.1 Definitions: The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Mobile food vendor: means any person selling food from a mobile unit.
Mobile food unit: means a self-contained, vehicle-mounted food service unit that returns daily to its base of operations as approved by DHEC and is used for either the preparation or the sale of food products, or both. This does not include mopeds.
Food trailer: means an enclosed attached or detached trailer that is equipped with facilities for preparing, cooking, and selling various types of food products.
Food truck: means an enclosed motor vehicle equipped with facilities for preparing, cooking, and selling various types of food products.
Ice cream truck: means motor vehicle containing a freezer and from which a vendor sells frozen prepackaged food products such as ice cream, frozen yogurt, frozen custard, flavored frozen water, etc.
Mobile food pushcart: means any portable vending device, pushcart or other wheeled vehicle or device which may be moved without the assistance of a motor and which is not required to be licensed and registered by the department of motor vehicles, used for the displaying, storing or transporting of articles offered for sale by a vendor, and which does not exceed four feet in width, six feet in length, and five feet in height, excluding canopy or cover.
Prepackaged food truck: means an enclosed motor vehicle equipped to sell various types of prepackaged food products.
Snow cone/ice truck: means motor vehicle containing a freezer and from which a vendor sells prepared frozen food products such as flavored ice, etc.
521.2 General Requirements
(A)
Mobile food units (with the exception of ice cream trucks) may be allowed as a conditional use in the following zones: HC, NC, CC, TRS, RCS, RE-1, RE-2, RE-3, RE-4, EIO, PA1, OPI, PR-1, PR-2, MA-1, MA-2, MA-3, MI, LI, HI, AC, AM1, AM2, and commercial areas of PUD/PDD provided they meet the following requirements:
1.
The mobile food unit meets a 25' front setback. If adjacent to a residential area, then the mobile food unit must meet the side and rear setback requirements of its underlying zoning district;
2.
There is a principal structure and/or business on site; the mobile food units are located on a parcel with no less than a improved dust-free surface thirty (30) feet driveway throat length; Ingress, egress, and internal circulation of vehicular traffic shall not create a hazard for traffic on an adjacent street or on the subject parcel; The mobile food unit is not within ten (10) feet of an entranceway to any business open to the public;
3.
Only one mobile food unit may be permitted per parcel at a time (unless otherwise permitted in a PUD/PDD). Parcels over 30 acres in size may have up to one mobile food unit per 2 acres. In any case, there shall be no more than 15 mobile food trucks per parcel;
4.
A minimum of two (2) parking spaces must be provided per mobile food unit and maintained in addition to the minimum parking required for the principal business;
5.
No portion of the mobile food unit shall be allowed to occupy or obstruct access to any parking stall, or parking aisle required by the Zoning Ordinance;
6.
The mobile food unit is not located within three hundred (300) feet of the principal public entrance to any food service business not owned by the vendor or property owner, which sells merchandise which is approved for sale in this ordinance (unless the adjacent food service business owner provides a legal affidavit agreeing to a lesser distance). If a restaurant opens within the three-hundred-foot zone after the mobile food vendor has continuously operated his business in the location for at least two (2) years, the mobile food vend or may remain in that location;
7.
The mobile food unit is not located within two hundred (200) feet of the principal public entrance to any PreK-12 educational facility, unless approval from the school exists in writing and is provided upon request;
8.
A letter and/or copy of an official lease agreement from the property owner to vend on the subject parcel and a copy of the property owner's business license must be provided. If applicable, the vendor must provide a copy of the approved county hospitality tax application and a State sales tax number to the Zoning Administrator before a vending permit is issued;
8.
A list of all requested sites, including the property owners and physical addresses. The applicant must submit site plans, to scale, showing all proposed locations of the vending operation on the plans. The Zoning Administrator must find that the proposed operation complies with all applicable provisions of this Section, and that the proposed operation will not adversely affect the traffic accessibility, or health and public safety;
9.
The mobile food unit must obtain an annual zoning compliance;
(B)
Ice cream trucks may be allowed as a conditional use in all zones, provided they meet the following:
1.
The unit shall only be stationary for a maximum of 30 minutes per stop and move at least one block before making another stop;
2.
It is unlawful for any ice cream truck to stop on private property without the consent of the property owner.
(C)
Applicants for all mobile food units, including ice cream trucks, must submit the following to receive a Horry County Mobile Food Permit:
1.
The applicant's permanent street address and mailing address;
2.
A brief description of the nature of the business and goods to be sold;
3.
SCDHEC Certification, or a letter from SCDHEC stating that certification is not required;
4.
Proof of current license plate and vehicle(s) registration;
5.
Color photographs of the vehicle(s) exterior in sufficient number to provide permitting officials to be familiar with all the exterior views of the mobile food unit;
6.
A maximum of 50 permits (including mobile food units and ice cream trucks) shall be allowed at any given time.
521.3 Duration and Fees (for all mobile food units, including ice cream trucks):
(A)
The fee levied by this ordinance is for the purpose of providing such regulation as may be required by the businesses subject thereto and for the purpose of raising revenue through a privilege tax. The mobile food permits issued under this ordinance will be valid beginning on date of this ordinance's enactment until April 30 of the ensuing year. In the following years, a permit shall be from May 1 until April 30 of the ensuing year;
(B)
The permitting fee for each mobile food unit is $150.00, which includes review of two vending locations. For any additional location reviews made in conjunction with an initial application, there will be a fee of $100.00 per location.
(C)
The annual permitting fee for each ice cream truck is $150.00.
521.4 Permitted Merchandise (for all mobile food units, including ice cream trucks):
Mobile food vendors shall be limited to edible and hot and cold beverages containing no alcohol. The selling of non-food or non-drink items shall be limited to merchandise displaying the Mobile Food Vendor company logo and/or branding. No items may be displayed outside of the vehicle.
521.5 Signage (for all mobile food units, including ice cream trucks):
1.
No advertising shall be permitted on any mobile food unit except to identify the name of the product or the name of the vendor, and the posting of prices;
2.
Electronic or illuminated signs shall not be utilized by vendors while mobile;
3.
Temporary off-site signs for the mobile food units shall be prohibited;
4.
One on-site sandwich style shall be permitted per mobile food unit, maximum two (2) feet by three (3) feet in size, located within ten (10) feet of the mobile food unit, and must be located outside of all buffers and right-of-ways, unless prohibited by Overlay requirements.
521.6 Prohibited conduct (for all mobile food units, including ice cream trucks):
No vendor shall:
1.
Vend on any street or sidewalk where vending is otherwise prohibited;
2.
Vend between the hours of 3:00 a.m. through 6:00 a.m.;
3.
Leave any mobile food unit unattended;
4.
Store, park, or leave any mobile food unit overnight at any vending location;
5.
Sell food or beverages for immediate consumption unless there is a litter receptacle and recycling bins available for the patrons' use;
6.
Leave any location without first removing and disposing of all trash or refuse remaining from sales made by the vendor;
7.
Allow any items relating to the operation of the vending business to be placed anywhere other than within, on, or under, the mobile food unit;
8.
Set up, maintain or permit the use of any crate, carton, rack, or any other device to increase the selling or display capacity of the mobile food unit with the exception of one table 3' x 5' in size (subject to site plan approval), and no taller than 4' in height is allowed;
9.
Sell anything other than permitted merchandise as detailed in this ordinance;
10.
All mobile food units shall abide by the requirements stated in Section 13-32 "Certain Noises Prohibited";
11.
Allow the mobile food unit or any other item relating to the permitted vending operation to lean against or hang from any building, utility pole, or other structure.
521.7 Exemptions (for all mobile food units, including ice cream trucks):
The provisions of this section shall not apply to special events, festivals, community projects or public events which occur on a periodic basis and which are specifically approved by County Council or as an approved Special Event. This section shall not apply to activities conducted pursuant to a franchise agreement or other contract with Horry County. Refer to Sections 13-34 "Special Event Permits," Section 14-14 "Commercial Activity Prohibited at Public Boat Landing and Other Property Open to the General Public Owned by Horry County," Section 5-16 "Solicitation and Commercial Activities Prohibited," and Section 5-19 "Vehicles Prohibited."
521.8 Violations (for all mobile food units, including ice cream trucks):
The vendor, property owner/lessee and assigns shall be responsible for any violation of this section or any other sections of the Horry County Code of Ordinances. Such violations may result in the revocation or denial of a Certificate of Zoning Compliance and vending permit, and may also result in the revocation and denial of a Certificate of Zoning Compliance and for any future vending permits. If the mobile food unit receives more than 3 violations, the permit will be revoked for one year.
(Ord. No. 30-10, § 1, 5-18-10; Ord. No. 23-15, § 1, 5-19-15; Ord. No. 87-15, § 1, 1-19-16)