ARTICLE III. - ITINERANT VENDORS

Part of the Code of Ordinances of Ridgeland, SC.

Local law · Updated January 5, 2023 · 735 sections

The text

DIVISION 1. - IN GENERAL#

Sec. 10-58. - Definitions.#

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

Itinerant vendor (peddler) means any person, whether principal or agent, who engages in a temporary or transient retail business in the town, either in one locality or in traveling from place-to-place, selling goods, wares and merchandise, and who, for the purpose of carrying on the business, may hire, lease or occupy any building, structure or lot for the exhibition and sale of the goods, wares, and merchandise.

Operator means the owner or operator of any space, lot or structure of any kind, whether fixed or mobile, or leased, loaned or rented to an itinerant vendor.

Temporary or transient business means any exhibition and sale of goods, wares or merchandise which is carried on in any tent, booth, building, or other structure, unless the place is open for business during usual business hours for a period of at least six months in each year.

(Code 1995, § 5.12.010; Code 2006, § 111.01; Ord. No. 02-2009, § 111.01, 2-5-2009)

Sec. 10-59. - Applicability.#

The provisions of this article shall not apply to: (1)

Bona fide sales of goods, wares and merchandise by sample for future delivery;

(2)

An annual fair;

(3)

Any general sale, fair, auction or bazaar sponsored by an ecclesiastical society or church corporation;

(4)

Garage sales on premises devoted to residential use where permitted by law;

(5)

The sale of crafts or items made by hand when sold or offered for sale by the person making the crafts or handmade items.

(Code 1995, § 5.12.020; Code 2006, § 111.02)

Sec. 10-60. - No relief or exemption by association.#

No itinerant vendor shall be relieved or exempted from the provisions of this article by reason of associating him temporarily with any local dealer, auctioneer, trader or merchant or by conducting the temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader or merchant.

(Code 1995, § 5.12.030; Code 2006, § 111.03)

Sec. 10-61. - License fees.#

License fees for operators and itinerant vendors shall be determined periodically by the town council.

(Code 1995, § 5.12.040; Code 2006, § 111.04)

Sec. 10-62. - License; display required; duration and exception.#

Each itinerant vendor shall display a current business license from the town and his retail license to do business from the state tax commission in a conspicuous manner prior to conducting business at the place the itinerant vendor displays his merchandise for sale. The license issued to an itinerant vendor shall be valid for ten days. An itinerant vendor shall be allowed to obtain no more than two licenses in one calendar year. An exception is allowed for an itinerant vendor engaged in selling or dealing with agricultural products. Such a license is valid until December 31 in the year issued.

(Code 1995, § 5.12.050; Code 2006, § 111.05; Ord. No. 02-2009, § 111.05, 2-5-2009)

Sec. 10-63. - License required for rental of space.#

(a)

No operator shall rent, lease or lend any space, lot or structure without first requiring the itinerant vendor to show his town business license and state retail license as required by S.C. Code 1976, § 12-36-51. The operator shall record the state retail license number, along with the name, address, driver's license number, or other sufficient identification and any fee charged to the vendor. A record shall be maintained by the operator in an up-to-date manner and shall be made available to any person upon demand.

(b)

No operator shall sponsor or offer to rent, lease or lend any space, lot or structure to an itinerant vendor unless the operator is in possession of a current town business license.

(Code 1995, § 5.12.060; Code 2006, § 111.06)

Sec. 10-64. - Penalty.#

Penalty for violation of this article shall be as set forth in section 1-14. Each day a violation of this article shall continue shall constitute a separate offense.

(Code 1995, § 5.12.080; Code 2006, § 111.99)

Secs. 10-65—10-69. - Reserved.#

DIVISION 2. - REGULATION OF MOBILE FOOD VENDORS#

Sec. 10-70. - Definitions.#

Mobile food vendor is defined as any person selling food from a mobile vehicle—This includes a food trailer, food truck and mobile food Vendor Vehicle as defined in this section.

Mobile food vendor vehicle is defined as a self-contained, motorized vehicle mounted food service unit that returns daily to its base of operations as approved by South Carolina DHEC and is used for either the preparation or the sale of food products, or for both.

Food truck is defined as an enclosed motor vehicle equipped with facilities for preparing, cooking and selling various types of food products.

Food trailer (concession style) is defined as an enclosed attached or detached trailer that is equipped with facilities for preparing, cooking and selling various types of food products.

Mobile market food truck is defined as an enclosed motor vehicle equipped with facilities for the sale of locally grown fresh produce. The produce sold is in its original form and has not been altered or cooked in any other way inconsistent with it coming fresh from the fields and/or gardens in which it was grown.

Catering truck is defined as a truck, van, or similar vehicle from which the vendor offers for sale foods and beverages that are prepackaged. It serves mostly manual labor type venues (example: construction sites).

Ice cream truck is defined as a motor vehicle containing a commercial freezer and from which a vendor sells frozen prepackaged food products such as ice cream, frozen yogurt, frozen custard, flavored frozen water and similar.

(Ord. No. 06-2020, § 1, 7-4-2020)

Sec. 10-71. - Required.#

It shall be unlawful for any person to engage in business as a mobile food vendor within the town without first obtaining a Town of Ridgeland business license to do so. Upon being granted a business the vendor must comply with the affirmative mandates and must not violate the prohibitions regarding sales, operations, locations, and restrictions contained in this division. The failure to do so may result in the revocation or suspension of the business license.

At the time of application for a business license, the mobile food vendor must provide proof of general liability insurance for operation of the vehicle as a motor vehicle and the conduct of the business if the business is to be conducted on public streets or town-owned property. The vendor shall secure and maintain an automobile liability insurance coverage issued by a company authorized in the State of South Carolina in the amount of at least $1,000,000.00 for injury to or death of any person or persons in any one incident and $1,000,000.00 for property damage, and the policy shall list the Town of Ridgeland as an additional insured.

Each licensed mobile food vendor must maintain for patrons' use a least one 30-gallon trash receptacle to accept the litter being generated by the sales from the vendor's vehicle at the point of sales. The receptacle must be maintained in such a manner as to preclude an overflow of refuse. The town highly encourages recycling receptacles for recyclable material. Each vendor shall pick up litter which is associated with the vendor's sales in the vicinity of the vendor's mobile food vehicle prior to departing a sales location. A pattern of leaving excessive litter caused by product packaging shall be a basis of suspension or revocation of the business license.

Mobile food vendors are required to supply their own electricity no extension cords shall be used to supply vendor with power from any other electrical source on site. Additionally, water, sewer or electrical connections to an existing building are strictly prohibited.

Mobile food vendors are strictly prohibited from discharging any pollutants, waste, grease, gray water or any other materials into the Town's sewer system or storm water drains.

Mobile food vendors shall be limited to edibles and hot and cold beverages containing no alcohol. The selling of nonfood or drink items shall limited to merchandise displaying the mobile food vendor company logo and/or branding. No items may be displayed outside of the vehicle.

The licensee must provide to the town, at time of application for a business license, proof of public liability insurance in the currently required amount by the State of South Carolina. Failure to maintain this insurance can result in immediate revocation of the license. All mobile food vendors must be self-contained and not utilize any outside power source.

Mobile food vendor shall prominently display the original South Carolina DHEC (Department of Health Environmental Control) food inspection report that shows a posted grade, unless exempt.

(Ord. No. 06-2020, § 2, 7-4-2020)

Sec. 10-72. - Streets and public property.#

(a)

Ice cream trucks.

(1)

Ice cream trucks must not operate within town center/main street (T-5), unless approved by the town as part of a permitted special event or contracted with the planning and community development department.

(2)

In all locations outside the T-5, ice cream trucks must remain mobile, except for periodic stops for short periods of time in order to make a sale.

(3)

The allowable hours of operation are between 9:00 a.m. and one-half hour before sunset, as stated for that day for the Ridgeland area by the National Weather Service.

(4)

Ice cream truck may not sound any device which produces an offensive or loud noise to attract customers, and shall not use any public address system on the vehicle to broadcast or advertise products. A bell or musical recording may be sounded for a period not to exceed five minutes to announce the arrival of the vehicle at each location.

(b)

Food trucks, mobile market food truck.

(1)

Food trucks and mobile market food truck are prohibited from operations on any street, sidewalk, alley, trail, or other right of way or on any town owned property, including plazas and parks, unless approved by the town as part of a permitted special event or contracted with the planning and community development or parked in a town designated food truck parking space within the assigned dates and times.

(2)

Mobile food truck and mobile market food trucks that are part of a permitted special event from out of town or out of state will not be required to obtain the mobile food vendor decal. They will be required to obtain the SC DHEC permit and pass the general maintenance requirements.

(3)

No mobile food vendor shall sound any device which produces an offensive or loud noise to attract customers, and vendors shall not use any public address system on the vehicle to broadcast or advertise products.

(Ord. No. 06-2020, § 3, 7-4-2020)

Sec. 10-73. - Mobile food vendors on private property.#

Food trucks, mobile market food truck, ice cream trucks and catering trucks. All Mobile Food Vendors shall be subject to the following regulations in their operation on private property. (1)

No mobile food vendor shall operate within 250 feet from the door of a lawfully established eating establishment that is actively open for business serving customers unless the food truck vendor provides documentation that the restaurant owner supports a closer proximity. If a restaurant opens within the 250-foot zone after the mobile food vendor has their annual decal, the food truck vendor may remain in that location until the following annual permit is due at which time they would have a obtain written permission from the new restaurant owner.

(2)

Mobile food vendors will be only be permitted to locate in Zoned areas T-5, T-4 and SD-21. In addition, a mobile food vendor operating under this division shall submit to the town an application that must include:

The written permission from the private property owner for each location.

A list of all request sites to include the property owner and physical address.

(3)

No mobile food vendor shall operate outside the hours of 8:00 a.m.to 10:00 p.m. However, a mobile food vendor may apply for additional authorization to operate after 10:00 p.m. but under no conditions later than 1:00 a.m. the following day. At the end of each business day's operation, the vendor shall remove from the parcel the mobile food vendor vehicle and all materials and refuge associated with the business.

(4)

(5)

Catering trucks cannot serve to the general public.

(Ord. No. 06-2020, § 4, 7-4-2020)

Sec. 10-74. - Contents of application.#

Applicants for a permit under this division shall file with the town clerk a sworn application in writing on a form to be furnished by the town clerk, which shall give the following information: (1)

The name and a description of the applicant.

(2)

The applicant's permanent street address and mailing address.

(3)

A brief description of the nature of the business and goods to be sold.

(4)

A copy of the vehicle(s) registration and insurance

(5)

Color photographs of the vehicle(s) interior and exterior in sufficient number to provide permitting officials to be familiar with all the exterior and interior views of the mobile food vendor vehicle. Such other relevant information as may be reasonably required by Town after a review of the submission of the above material in order to assure a full review of information needed to assess the impact of the proposed operation on the health, safety, and well-being of the public.

(Ord. No. 06-2020, § 5, 7-4-2020)

Sec. 10-75. - Submitting false information.#

It shall be unlawful for any person to provide any false or misleading information in connection with his application for a permit required by this subdivision or to withhold relevant information otherwise required.

(Ord. No. 06-2020, § 6, 7-4-2020)

Sec. 10-76. - Mobile food vendor town business license and display.#

Each applicant upon being issued a business license must display on the front right windshield's lower corner, or at such other location as the town in writing shall approve. There shall be due at the time of application a fee for the permit and decal in an amount set by the town manager in a schedule of fees. When the annual permit expires on December 31 of any given year, the fee shall also be due upon the applicant submitting a renewal application.

(Ord. No. 06-2020, § 7, 7-4-2020)

Sec. 10-77. - Records.#

The town clerk shall keep a permanent record of all permits issued under this division.

(Ord. No. 06-2020, § 8, 7-4-2020)

Sec. 10-78. - Term.#

Every business license issued under the provisions of this division shall be issued for the twelve-month period of May 1 st to April 30 th .

(Ord. No. 06-2020, § 9, 7-4-2020)

Sec. 10-79. - General maintenance requirements.#

(a)

All exterior body work and mechanical equipment of any mobile food truck vendor shall be maintained in good and clean condition and free of excessive wear or damage.

(b)

All exterior paint work shall be maintained in good condition, free of substantial scratches, chips, rust, dents and abrasions.

(c)

All windshield and window glass shall be maintained free from cracks, scratches, pitting, abrasions or any other conditions that may cause a hazard or reduce clarity of vision below the level specified by the manufacturer.

(d)

Any other type of damage or possible public hazard deemed appropriate by the town code enforcement officer.

(Ord. No. 06-2020, § 10, 7-4-2020)

Sec. 10-80. - Inspections.#

(a)

Nothing in this ordinance shall be construed as limiting or replacing the role of South Carolina DHEC (Department of Health and Environmental Control), which has the primary task of inspecting mobile food vendors.

(b)

The town code enforcement officer or his agents shall have the right, at any time, after displaying proper identification, to enter into or upon any mobile food vendor vehicle for the purpose of ascertaining whether or not any of the provisions of this division are being violated.

Any mobile food vendor vehicle which is found, after any town inspection, to be unsafe or in non-compliance with this division may be directed to be out of operation until the cited deficiency is corrected, and before again being placed in service shall be delivered to the inspector at a designated point for re-inspection. Every mobile food vendor must institute a system of regular weekly inspections of all the vendor's mobile food vendor vehicle(s) and equipment and must keep all equipment in proper repair and sanitary conditions at all times.

(Ord. No. 06-2020, § 11, 7-4-2020)