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Mobile Food Vendor Ordinance and Related Transient Merchant AmendmentsCity of Dubuque City Council ACTION ITEMS # 8. Copyrighted February 2, 2026 ITEM TITLE: Mobile Food Vendor Ordinance and Related Transient Merchant Amendments SUMMARY: City Clerk recommending City Council adopt the ordinance adding mobile food vendors to the city code and adopt the ordinance amending exemptions for transient merchants. ORDINANCE Amending City Of Dubuque Code Of Ordinances Title 4 Business And License Regulations And Adopting A New Chapter 9 Mobile Food Vendors ORDINANCE Amending City Of Dubuque Code Of Ordinances Title 4 Business And License Regulations Chapter 5 Solicitors And Transient Merchants Article B Transient Merchants Section 3 Exemptions SUGGUESTED Receive and File; Motion B; Motion A DISPOSITION: ATTACHMENTS: 1. Staff Memo 2. Ordinance - Mobile Food Vendor 3. Ordinance -Transient Merchants Page 851 of 865 THE CITY OF Dubuque DUB En AI•Ameriw Cip ... Masterpiece on the Mississippi YP PP 2007+0 13 zoi7*20*Zoi9 TO: Mayor Brad M. Cavanagh and Members of the City Council FROM: Adrienne Breitfelder, City Clerk DATE: January 22, 2026 RE: Mobile Food Vendor Ordinance and Related Transient Merchant Amendments City staff established a Mobile Food Vendor Agreement and Permit Application process in 2019, requiring mobile food vendors operating on public property to obtain a Mobile Food Vendor license. Mobile food units, commonly known as food trucks, pushcarts, or temporary stands, fall under the definition of mobile food vendors. This process was implemented as a policy rather than codified in city code, which limited enforcement capabilities. Concerns raised by the Police Department about enforcement prompted renewed discussions on codifying it. While enforcement issues with current mobile food vendors have been minimal, staff recognize the need to be proactive by codifying clear procedures to ensure staff can effectively address any future violations. Over several months, staff reviewed the existing permit application process and other Iowa city codes to determine which provisions to retain and what new elements to add. This review provided a strong foundation for drafting the ordinance, which introduces additional regulations to enhance public safety, accessibility, and operational standards, while granting vendors new privileges such as an appeal process and expanded operating hours. It is worth noting that codifying mobile food vendor requirements is standard practice among many Iowa cities. Key updates in the Ordinance include: • All mobile food vendors operating within city limits, whether on public or private property, must obtain a permit. The previous policy only required those operating on public property to obtain a permit. • Adds exemptions including activities such as grilling by permanent food establishments on their premises, bake sales, concession stands, and fundraising events by youth groups, operations by nonprofits, churches, schools, permitted special events, and permitted farmers' markets. • Expands grounds for license denial to include failure to maintain a valid city or state food service license and repeated violations not corrected within required timeframes. • Establishes an appeal process that aligns with the City Clerk's Office procedures for most other licenses and permits. Page 852 of 865 • Modifies vendor operations from 6:30 a.m. to 10:00 p.m., Sunday —Thursday, and until midnight on Fridays and Saturdays. Previously, vendors could only operate until 10:00 p.m. daily, but we extended weekend hours to align with the city's noise ordinance. • Prohibits mobile food vendors from selling alcoholic beverages. The previous policy indicated that vendors could sell alcoholic beverages as part of a permitted special event, but permitted special events are exempt from mobile food vendor requirements under this ordinance. • Removes vague site -specific restrictions and clarifies that vendors must not obstruct public rights -of -way or city property. City staff may require immediate relocation if these conditions are violated. • Indicates that allowing a mobile food unit on private property makes the property owner responsible for compliance with performance standards, pedestrian safety, and emergency access. Noncompliance may result in enforcement actions and penalties. After finalizing the ordinance, staff shared it with all known mobile food vendors operating within city limits, including those not currently licensed. No feedback was received. As part of the process of adopting the mobile food vendor ordinance, staff also updated Title 4 — Chapter 5, Article B on Transient Merchants to clarify that licensed mobile food vendors are exempt from transient merchant requirements. In addition, exemptions were added that align with those in the mobile food vendor ordinance, ensuring consistency. I respectfully request that the Mayor and City Council adopt the ordinance adding mobile food vendors to the city code and adopt the ordinance amending exemptions for transient merchants. Cc: Michael Van Milligen, City Manager Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Pamela McCarron, Permit Clerk Jeremy Jensen, Police Chief Mary Rose Corrigan, Public Health Director Tim Link, Environmental Sanitarian Sydney Althoff, Environmental Sanitarian Mark Murphy, Environmental Sanitarian/Emergency Preparedness Planner Wally Wernimont, Planning Services Director Shena Moon, Associate Planner Travis Schrobilgen, Assistant Planner Amy Scheller, Fire Chief Derek Paulson, Assistant Fire Marshal Justine Hull, Traffic Engineer Rob McDonald, Right of Way Technician 2 Page 853 of 865 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 3 - 26 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS AND ADOPTING A NEW CHAPTER 9 MOBILE FOOD VENDORS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 4 is amended by adding thereto the following new Chapter 9: CHAPTER9 MOBILE FOOD VENDORS 4-9-1: DEFINITIONS: For purposes of this chapter, 'mobile food unit' has the meaning in Iowa Administrative Code 481, Chapter 30. 'Mobile food unit' means a food establishment that is self- contained, with the exception of grills and smokers, and readily movable, which either operates up to three (3) consecutive days at one location or returns to a home base of operation at the end of each day Mobile Food Vendor: The person, corporation, entity or group obtaining the license to prepare, market, and sell food from a mobile food unit. Private Catering Arrangement: The provision of food by a mobile food unit for a specific event on private property for a defined group of individuals and not open to the public. Repeat or multiple violations: two (2) or more violations occurring within a consecutive twelve (12)-month period. Youth: An individual under eighteen (18) years of age. 4-9-2: LICENSE REQUIRED: It is unlawful for any person to engage in the sale of food or beverages to the public from a mobile food unit within the corporate limits of the city without first obtaining a mobile food vendor license from the city clerk, in addition to any other required local, state, or federal permits, certifications, and licenses. 4-9-3: EXEMPTIONS: The following are exempt from this requirement: (1) Catering businesses operating solely as a caterer and in compliance with applicable state and local food establishment licensing requirements. (2) Grilling and food preparation activities of permanent food establishments on the establishment's premises for immediate consumption by patrons or employees. (3) Concession stands associated with sports or recreational venues, whether included as part of an approved site plan or operating directly on the sports or recreational venue . (4) Bake sales, concession stands, or fundraising events conducted by youth individuals. (5) Central Market and other permitted farmers' market businesses licensed in accordance with this City Code. (6) Nonprofit organizations filed under or authorized by chapter 504 of the Iowa Code or authorized and organized under statutes or regulations of the United States government or approved by the Internal Revenue Service, where such organizations have a permanent office in Dubuque County, Iowa. (7) Churches and public and private schools and colleges that have a permanent office in Dubuque County, Iowa. (8) Nonprofit clubs and lodges not ordinarily conducted as a business and which do not meet the requirements of chapter 504 of the Iowa Code and that have a permanent office in Dubuque County, Iowa. (9) Operations exclusively engaged in the sale or distribution of livestock feed, fresh meats, fish, fruit, or vegetables. (10) Operations conducted as part of a permitted special event. 4-9-4: APPLICATION FOR LICENSE: An application for a mobile food vendor's license must be filed with the city clerk on a form provided by the city clerk. Insurance Requirements: The applicant must procure and maintain in full force and effect during the term of the permit a policy of insurance from an insurance company authorized to do business in the state of Iowa, which provides the coverage required by the city insurance schedule for vendors. Proof of insurance must be submitted to the city clerk prior to issuance of the permit and maintenance of such insurance is a condition of the permit. Fees: No mobile food vendor license will be issued or renewed unless the holder thereof has paid a mobile food vendor license fee established by the city manager. 4-9-5: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE: The city clerk may deny issuance, suspend, or revoke a mobile food vendor license for good cause, including, but not limited to, any of the following: (1) Violation of any of the provisions of this article; (2) Misrepresentation on the application for a mobile food vendor license; (3) Conducting the business licensed under this article in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety, or general welfare of the public; (4) Failure to maintain a valid city or state issued food service license; or (5) Repeat or multiple violations identified by the city health services department that are not corrected within the required timeframe(s). Prior to denial of issuance, suspension, or revocation, the applicant or mobile food vendor must be given not less than ten (10) days' written notice by the city clerk sent to the mobile food vendor by email. In the event of a denial, suspension, or revocation of a mobile food vendor license, no other mobile food vendor license may be issued to such person for a period of 180 days thereafter. 4-9-6: APPEAL: Appeal: Within ten (10) days after the date of the emailed written notice of the denial of issuance, revocation, or suspension of a mobile food vendor license, an applicant or license holder may file with the city clerk a written notice of appeal to the city manager from such revocation, suspension, or denial. The city manager must provide the applicant or mobile food vendor with notice and an opportunity to be heard on the issue of whether the applicant or mobile food vendor license was properly revoked, suspended, or denied. 4-9-7: TRANSFERABILITY: The mobile food vendor license granted under this chapter may not be sold, assigned, or otherwise transferred. 4-9-8: DISPLAY OF LICENSE: The license required by this article must be made available in the mobile food unit in a manner that is readily accessible and viewable upon request by any person seeking to conduct business with the mobile food vendor or by city staff. 4-9-10: HOURS OF OPERATION: Mobile food vendors may only operate from 6:30 a.m. to 10:00 p.m., Sunday through Thursday, and 6:30 a.m. to 12:00 a.m., Friday and Saturday. 4-9-11: MOBILE FOOD UNIT PERFORMANCE STANDARDS: A person conducting business from a mobile food unit must do so in compliance with the following standards: A. Mobile food units are not permitted on residential properties, except for a private catering arrangement and only for so long as the mobile food vendor complies with all other city code requirements related to residential property. B. Operation of a mobile food unit may be allowed on a nonresidential parking lot upon issuance of a city temporary use permit. C. Mobile food units may serve patrons which are on foot only; no drive -up service to the mobile food unit itself may be provided or allowed. D. The mobile food unit must be located on a paved surface unless approved as part of a special event permit or temporary use permit. E. With the exception of pushcarts as allowed herein, no mobile food unit may be placed on a public or private sidewalk. Pushcarts may locate on or adjacent to a private sidewalk or public sidewalk. However, if locating on a public sidewalk, a minimum forty- eight inch (48") open walkway must be maintained for passing pedestrians. The placement of the pushcart must be in such a manner so as to minimize encroachment into the forty -eight -inch (48") walkway by patrons waiting in line for service from the pushcart. F. No mobile food unit may be located on any property or lot with a vacant building. Exceptions to this rule may be granted by city staff after a review of the particular property and the mobile food vendor has been able to make arrangements to ensure safe and sanitary conditions, including, but not limited to, employee access to restrooms, adequate access for fire and police personnel/vehicles, the site is free from hazards or dangerous conditions, and compliance with other city code requirements. G. No mobile food unit may operate within one hundred feet (100') of a permanent restaurant or business offering food or beverage services unless the mobile food vendor has received the express written consent of the restaurant or business owner. A city approved special event is exempt from this provision. H. The window or area where a patron orders and receives the food or beverage purchased shall be located so as to not require a patron to stand or create a line that may cause pedestrians to be in the public right of way, vehicle travel lane, including parking lot drive aisles, or similar situation that may create a potential safety hazard. Adequate safe space for patrons waiting for an order must be available on the property where the mobile food unit is located. I. All mobile food units, and any signage, garbage receptacles, or other equipment associated therewith, must be located in such a manner as not to create a safety hazard, such as blocking emergency access to buildings and the site, obstructing access to fire hydrants, impeding entering and exiting from a building, or creating a visual impediment for the motoring public at drive entrances, intersections, or pedestrian crossings. J. No mobile food unit may be parked in or otherwise impact access to or from ADA (Americans with Disability Act) parking stalls. K. Mobile food vendors must comply with all applicable provisions of City Code § 6-5 regarding noise. L. Placement of signage for a mobile food unit within the public right-of-way is limited to one portable, free-standing, self-supporting sign, with a maximum area of eight (8) square feet and a maximum height of five feet (5). M. A mobile food vendor with a mobile food vending unit legally parked in a metered space must pay the required meter fee while operating in an area with metered parking. N. No alcoholic beverages may be sold by a mobile food vendor. O. The mobile food vendor is responsible for keeping the area around and within ten feet (10') of the mobile food vendor unit free from trash, debris, garbage, and other hazardous conditions at all times, including material spilled on the public right-of-way as a direct result of the mobile food unit operation. Trash from mobile food vendor units must be disposed of by private means and not in any publicly provided trash receptacles. P. A valid driver's license is required for any person operating a mobile food unit if the mobile food unit is operated as a motor vehicle while vending or traveling to vending locations. Q. If a mobile food unit is operating in a manner that obstructs or otherwise adversely impacts the public right-of-way or any city -owned property, city staff may require immediate relocation of the mobile food unit. 4-9-12: PROPERTY OWNER RESPONSIBILITY: By allowing the mobile food unit on private property, the property owner is also responsible for ensuring that the performance standards listed in this article and the safety of pedestrians and access of emergency vehicles to and around the mobile food unit site are maintained. Failure to do so may result in the property owner being subject to an enforcement action and penalties allowed by law. Section 2. Effective Date. This ordinance shall take effect upon publication. Passed, approved, and adopted this 2nd day of February, 2026. Brad Cavanagh, Mayor Attest: Adrienne Breitfelder, Ci y Clerk Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 4 - 26 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS CHAPTER 5 SOLICITORS AND TRANSIENT MERCHANTS ARTICLE B TRANSIENT MERCHANTS SECTION 3 EXEMPTIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4-513-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 4-5B-3: EXEMPTIONS: This chapter does not apply to the following: A. Vendors of goods, merchandise, or services delivered or sold to established customers; B. Nonprofit organizations filed under or authorized by chapter 504 of the Iowa Code or authorized and organized under statutes or regulations of the United States government or approved by the Internal Revenue Service, where such organizations have a permanent office in Dubuque County, Iowa; C. Churches and public and private schools and colleges that have a permanent office in Dubuque County, Iowa; D. Nonprofit clubs and lodges not ordinarily conducted as a business and which do not meet the requirements of chapter 504 of the Iowa Code and that have a permanent office in Dubuque County, Iowa; E. Persons selling at wholesale to merchants, persons selling their own art or handicrafts either by themselves or through employees, or nonprofit civic, charitable, religious, or educational groups or members or employees thereof engaged in retail sale for the purpose of fundraising; F. Central Market and other permitted farmers' market businesses licensed in accordance with Title 4 Chapter 4 of this City Code; or G. Persons that purchase gold, bullion, ingots, precious metals, and jewelry. Such persons are subject to the pawnbroker and secondhand dealer regulations set forth in chapter 6, article A of this title; H. Mobile food units licensed in accordance with Title 4 Chapter 9 of this City Code; I. Catering businesses operating solely as a caterer and in compliance with applicable state and local food establishment licensing requirements; J. Grilling and food preparation activities of permanent food establishments on the establishment's premises for immediate consumption by patrons or employees; K. Concession stands associated with sports or recreational venues, whether included as part of an approved site plan or operating directly on the sports or recreational venue; L. Bake sales, concession stands, or fundraising events conducted by youth individuals; M. Operations exclusively engaged in the sale or distribution of livestock feed, fresh meats, fish, fruit, or vegetables; N. Operations conducted as part of a permitted special event. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 2nd day of February, 2026. Brad M. Cavan_qgh, Mayor Attest: C!�✓� Adrienne N. Breitfelder, City Clerk EFFECT OF AMENDMENT 4-513-3: EXEMPTIONS: This chapter does not apply to the following: A. Vendors of goods, merchandise, or services delivered or sold to established customers; B. Nonprofit organizations filed under or authorized by chapter 504 of the Iowa Code or authorized and organized under statutes or regulations of the United States government or approved by the Internal Revenue Service, where such organizations have a permanent office in Dubuque County, Iowa; C. Churches and public and private schools and colleges that have a permanent office in Dubuque County, Iowa; D. Nonprofit clubs and lodges not ordinarily conducted as a business and which do not meet the requirements of chapter 504 of the Iowa Code and that have a permanent office in Dubuque County, Iowa; E. Persons selling at wholesale to merchants, persons selling their own art or handicrafts either by themselves or through employees, or nonprofit civic, charitable, religious, or educational groups or members or employees thereof engaged in retail sale for the purpose of fundraising; F. Central Market and other permitted farmers' market businesses licensed in accordance with Title 4 Chapter 4 of this City Code; or G. Persons that purchase gold, bullion, ingots, precious metals, and jewelry. Such persons are subject to the pawnbroker and secondhand dealer regulations set forth in chapter 6, article A of this title. H. _Persons that prepare, market er cell food from a mobilevendingnit er mac pushGart.Mobile food units licensed in accordance with Title 4 Chapter 9 of this City Code; I. Catering businesses operating solely as a caterer and in compliance with aaDlicable state and local food establishment licensina reauirements: J. Grilling and food preparation activities of permanent food establishments on the establishment's premises for immediate consumption by patrons or employees; K. Concession stands associated with sports or recreational venues, whether included as part of an approved site plan or operating directly on the sports or recreational venue; L. Bake sales, concession stands, or fundraising events conducted by youth individuals; M. Operations exclusively engaged in the sale or distribution of livestock feed, fresh meats, fish. fruit, or veaetables: Page 862 of 865 N. ODerations conducted as Dart of a permitted special event. Page 863 of 865 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 02/06/2026 and for which the charge is 22.78 Subscribed to before me, a Notary Public %nand for Dubuque County, Iowa, this 6th day of February, 2026 Notary'uljlic in and for Dubuque County, Iowa. P�nL JANET K. PAPE oP Ay Commission Number 199659 ;u - My Commission Expires Iowa 12/11/2028 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 3 26 SUMMARY THE FOLLOWING DESCRIPTION OF THE ORDINANCE IS A SUMMARY. THE ORDINANCE IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF THE CITY CLERK, 50 W. 13 TH STREET, DUBUQUE AND MAY BE VIEWED DURING NORMAL BUSINESS HOURS OF 8:00 AM to 5:00 PM MONDAY TO FRIDAY. AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS AND ADOPTING A NEW CHAPTER 9 MOBILE FOOD VENDORS The Ordinance codifies requirements for Mobile Food Vendors. The ordinance includes sections on definitions, license required, exemptions, application for license, denial, suspension or revocation, appeal, transferability, display of license, hours of operation, mobile food unit performance standards, and property owner responsibility. Below is the full text regarding fees from Section 4-9-4: Fees: No mobile food vendor license will be issued or renewed unless the holder thereof has paid a mobile food vendor license fee established by the city manager. Section 2. Effective Date. This ordinance shall take effect upon publication. Passed, approved, and adopted this 2nd day of February, 2026. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 6 th day of February, 2026. /s/Adrienne N. Breitfelder, City Clerk It 2/6 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 02/06/2026 and for which the charge is 35.48 Subscribed to before me, a Notaryr.lic in and for Dubuque County, Iowa, this 6th day of February, 2026 Notary ' . c in and for Dubuque Couhty, Iowa. JANET K. PAPE Commission Number 199659 My Commission Expires 12/11/2028 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 4 - 26 SUMMARY THE FOLLOWING DESCRIPTION OF THE ORDINANCE IS A SUMMARY. THE ORDINANCE IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF THE CITY CLERK, 50 W. 13TH STREET, DUBUQUE AND MAY BE VIEWED DURING NORMAL BUSINESS HOURS OF 8:00 AM to 5:00 PM MONDAY TO FRIDAY. AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS CHAPTER 5 SOLICITORS AND TRANSIENT MERCHANTS ARTICLE B TRANSIENT MERCHANTS SECTION 3 EXEMPTIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Ordinance updates the following exemptions to the Transient Merchant licensing requirements in the City of Dubuque Code of Ordinances, revising them to the wording specified below: F. "Central Market and other permitted farmers' market businesses licensed in accordance with Title 4 Chapter 4 of this City Code. H. "Mobile food units licensed in accordance with Title 4 Chapter 9 of this City Code; The Ordinance adds the following exemptions to Transient Merchant licensing in the City of Dubuque Code of Ordinances: I. "Catering businesses operating solely as a caterer and in compliance with applicable state and local food establishment licensing requirements; J. "Grilling and food preparation activities of permanent food establishments on the establishment's premises for immediate consumption by patrons or employees; K. "Concession stands associated with sports or recreational venues, whether included as part of an approved site plan or operating directly on the sports or recreational venue; L. "Bake sales, concession stands, or fundraising events conducted by youth individuals; M. "Operations exclusively engaged in the sale or distribution of livestock feed, fresh meats, fish, fruit, or vegetables; N. "Operations conducted as part of a permitted special event. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 2nd day of February, 2026. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 6th day of February, 2026. /s/Adrienne N. Breitfelder, City Clerk It 2/6