HomeMy WebLinkAboutOrdinance 6877113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6877
File Number: 2025-598
OUTDOOR MOBILE VENDORS REQUIREMENTS - GATHERING AND PLACEMAKING GOAL
(AMENDMENT):
AN ORDINANCE TO AMEND § 97.086 VENDING AND PEDDLING § 178.04 OUTDOOR MOBILE VENDORS
OF THE FAYETTEVILLE CODE OF ORDINANCES TO REVISE MOBILE VENDOR REGULATIONS
WHEREAS, as part of the "Gathering and Placemaking" goal outlined in the Fayetteville Park and Recreation System
Master Plan adopted in 2023, the Parks, Natural Resources, and Cultural Affairs Department collaborated with
Development Services to evaluate code changes that would increase opportunities for mobile vendors to operate in city
parks; and
WHEREAS, there are currently 52 active mobile vendor licenses in the City and, under the existing ordinance, vendors
are required to submit a full site plan, and provide property owner consent, HMR tax documentation, and appropriate
state health department approvals; and
WHEREAS, requiring individual vendors to provide a site plan is a major challenge that may prevent vendors from
obtaining a license; and
WHEREAS, by not requiring any site improvements when multiple vendors operate on one site, staff have observed
that those sites often lack basic infrastructure such as adequate utilities, restrooms, and seating, which can negatively
affect nearby properties and pose safety and sanitation concerns; and
WHEREAS, consolidating the vendor licensing process by lowering the threshold for an outdoor mobile vendor court
from five vendors to three, and simplifying the license requirements for individual operators will streamline the
licensing process and improve oversight.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 97.086 Vending and Peddling
and enacts a replacement § 97.086 as shown in Exhibit A attached hereto.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 178.04 Outdoor Mobile
Vendors and enacts a replacement § 178.04 as shown in Exhibit A attached to hereto.
Page 1
Ordinance: 6877
File Number. 2025-598
PASSED and APPROVED on May 20, 2025
Approved:
�ll.,lt�". awn, ,
Molly Rawn, Mayor
Attest:
F.'F4VMEV LL
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville,
Arkansas. Amount Paid: $176.32
Page 2
97.086 Vending and Peddling
CLEAN
Exhibit A
97.086 Vending And Peddling
(A) General Prohibition of Selling in City Parks. No person or business shall within a city park sell anything subject
to the exemptions set forth in subsection (B) of this chapter.
(B) Exemptions.
(1) The city's regularly licensed concessionaires acting pursuant to the authority and regulation of the city
are exempt from subsection (A).
(2) Nonprofit organizations which have obtained a special events permit may sell nonalcoholic beverages,
food and other approved items during an annual event.
(3) Sponsors of the Gulley Park Concert Series and other special events offered by the Department of
Parks, Natural Resources, and Cultural Affairs may sell food, nonalcoholic beverages, and other
approved items during the event when specifically approved by the Director of Parks, Natural
Resources, and Cultural Affairs. Approved merchandise may be sold at special events by performers
and hosts if approved in advance by the Director of Parks, Natural Resources, and Cultural Affairs.
(4) The Farmers' Market and its members may sell items allowed pursuant to subsection 114.02 (C) of the
Fayetteville Code on Sundays, Saturdays and one (1) weekday within a portion of the Lake Fayetteville
Park that is licensed to the Botanical Garden Society of the Ozarks (if approved by the society) as
shown on Exhibit A.
— —1 — A,
Farmers' Market at Lake Fayetteville Park
within Botanical Garden leased area
(5) Organizations that the city directly funds, event sponsors and the non-profit Friends of Fayetteville
Parks and Friends of the Yvonne Richardson Community Center are allowed at no charge to setup a
table to distribute information at park events upon approval of the Director of Parks, Natural
Resources, and Cultural Affairs.
(6) The Director of Parks, Natural Resources, and Cultural Affairs may approve vendors or appoint market
organizers to sell food, nonalcoholic beverages, and arts and crafts in parks as part of city -sponsored
events.
(Supp. No. 36)
Created: 2025-03-27 11:36:07 [EST]
Page 1 of 2
97.086 Vending and Peddling
CLEAN
(C) Outdoor mobile vendors who sell food and are permitted pursuant to Section 178.04 may operate in city
parks as described below:
(1) Vendors may not locate in the same area that is actively being served by a contracted concessionaire
during regular season Fayetteville Parks, Natural Resources, and Cultural Affairs leagues and
tournaments.
(2) Vendors may locate at Gulley Park during a Gulley Park Concert or special event in other parks such as
tournaments, reserved park gatherings, etc., if approved by the Director of Parks, Natural Resources,
and Cultural Affairs.
(3) Vendors may locate in parallel parking spaces and spaces designated for food trucks located within
parks with prior approval by the Director of Parks, Natural Resources, and Cultural Affairs, and are
subject to licensing requirements as outlined in chapter 178.04.
(Code 1965, §17A-29; Ord. No. 1594, 4-1-68; Code 1991, §97.086, Ord. No. 5310, 4-6-10; Ord. No. 5531, 10-02-12;
Ord. No. 5666, 3-18-14; Ord. No. 5828, §1(Exh. A), 12-15-15; Ord. No. 5940, §2, 12-20-16; Ord. No. 6664, §2(Exh.
A), 5-16-23; Ord. No. 6701, §1(Exh. A), 11-7-23)
(Supp. No. 36)
Created: 2025-03-27 11:36:07 [EST]
Page 2 of 2
178.04 - Outdoor Mobile Vendors
CLEAN
Exhibit B
178.04 Outdoor Mobile Vendors
(A) Purpose. The purpose of this section is to facilitate and control the ability of mobile vendors and mobile
vendor courts to operate while ensuring such use is compatible with nearby properties, fosters an
aesthetically appealing streetscape and does not create a dangerous traffic condition.
(B) Definitions.
(1) Food trucks. A type of mobile vendor which is a motorized and operationally self-contained single
vehicle equipped with facilities for cooking and selling food.
(2) Food trailers. A type of mobile vendor which is designed to be towed on public roads and having an
enclosed area for storage, handling or preparation of food.
(3) Other vendors. Mobile vendors are not limited to operating out of a food truck or trailer.
(4) Mobile vendor court. An outdoor commercial center with three (3) or more mobile vendors in a shared
location.
(C) Mobile Vendor Permit Requirements. All mobile vendors shall meet the following requirements and
submittals prior to approval:
(1) Each application for a permit to conduct a mobile vendor business shall be accompanied by a $125.00
permit review and processing fee. Mobile vendor permits shall be issued to the owner of the mobile
vendor vehicle. This application will also serve as the vendor's business license that will be processed as
such.
(2) Application for a permit to conduct a mobile vendor business shall include the following items in a
format acceptable to the Planning Division:
(a) Name, address, and contact information of the mobile vendor applicant.
(b) A valid copy of all necessary permits required by state and county health authorities which shall
be conspicuously displayed at all times during the operation of the business.
(c) Proof of application for remittance of HMR tax to the City of Fayetteville, when applicable.
(d) Photograph of the proposed vending device from all angles.
(3) The mobile vendor has the responsibility to dispose of all wastes in accordance with all applicable laws.
Mobile vendors are not permitted to dispose of their trash in public trash receptacles.
(4) The mobile vendor permit issued shall not be transferable in any manner.
(5) The mobile vendor permit issued shall be conspicuously displayed at all times during the operation of
the mobile vending business.
(6) The proposed use must be a permitted use -by -right within the underlying zoning district, with the
exception of outdoor mobile vendors that will operate in city parks as outlined in 97.086
(7) Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the
public has access to the interior of any mobile vending unit.
(8) Mobile vendors shall be required to renew their permit on an annual basis following the same
timeframe as a standard business license renewal. As part of the renewal process, vendors shall submit
an updated copy of the health department permit, HMR tax forms, and a re -inspection by the City Fire
Department where applicable. Failure to renew a permit will be cause for revocation by the City
Planning Division.
(Supp. No. 36)
Created: 2025-03-27 11:36:21 [EST]
Page 1 of 3
178.04 - Outdoor Mobile Vendors
CLEAN
(D) Mobile Vendor Courts. Mobile vendor courts may be permitted administratively in appropriate zoning
districts. A property owner may request a permit from the Planning Division to develop a mobile court
subject to the following standards:
(1) The property owner has provided the Planning Division with a detailed site plan of the mobile vendor
court showing the location and dimensional relationships of the property lines, all proposed mobile
vendor locations, building setbacks, vehicle parking, sidewalk location and proposed dining or sitting
areas. The applicant must also provide an overall plan for the provision of water, sewer, and electricity.
(2) Site Improvement Requirements.
(a) Site Design. Sites shall be improved with a barrier between vehicular and customer service areas,
including ordering and dining areas. The barrier may be implied or physical and constructed with
landscaping elements; gated fencing; changes in ground surface texture, material or color; or
similar treatments. Sites which are not already paved with gravel or another hard surface shall
improve their parking areas with gravel or other pavement designed in accordance with the
Parking Lot Design Standards. With respect to landscaping requirements, the entire mobile
vendor court shall be considered a parking lot and perimeter landscaping will be required in
accordance with Parking Lot Landscape Standards.
(b) Sanitation. Adequate restroom facilities, as defined by relevant building code, shall be provided
either on -site or through a shared use agreement with a neighboring business. Portable toilets, if
used, must be screened from view of the public.
(c) Utilities. Above ground utility connections shall not interfere with pedestrian or vehicular safety
and shall not be located in customer service areas or customer parking areas.
(d) Mobile vendor courts shall not have continuous curb cuts or exacerbate a dangerous pedestrian
condition. New courts may close continuous curb cuts or improve pedestrian conditions with
temporary materials subject to approval of the City Planning Division. Acceptable materials
include planters, plinths, benches, pavers, and other furniture. Temporary improvements
installed by mobile vendor courts shall not reduce access for pedestrians with disabilities.
(E) Allowable locations. Permitted food trucks and trailers may operate in the following locations for up to
twelve (12) hours each day, after which they must move to a new location which is out -of -view of the
original location.
(1) Marked parallel parking spaces, which are not reserved for residential use and provided the parking
space is not in front of a business selling similar food. Service to customers shall be only on the
sidewalk side of the vehicle to maintain public safety. Vendors are not exempt from paying the
standard rate for the parking space.
(2) Marked parking spaces within parks pursuant to City Code §97.086.
(3) Private property zoned for food and beverage sales and with the owner's permission. A property owner
may grant permission for a mobile vendor to operate on their property for more than the allowed 12-
hour limit.
(4) Parking spaces on the Downtown Square during the following standing events and within the areas
designated for the events by the City Code or special event permit:
(a) Farmer's Market.
(b) Sundays on the Square.
(c) Lights of the Ozarks. The twelve (12) hour time limit does not apply to permitted food trucks and
trailers managed by the Fayetteville Advertising and Promotion Commission during Lights of the
Ozarks as authorized by Section 117.93 of the City Code.
(Supp. No. 36)
Created: 2025-03-27 11:36:21 [EST]
Page 2 of 3
178.04 - Outdoor Mobile Vendors
CLEAN
(F) Exemptions. The provisions of the Mobile Vendor ordinance do not apply to:
(1) The placing and maintenance of unattended stands or sales devices for the sale or display of
newspapers, magazines, periodicals and paperbound books.
(2) The distribution of free samples of goods, wares and merchandise by any individual from his person.
(3) Special events authorized by a special event permit from the City of Fayetteville Parking Management
Division.
(4) Fireworks sales.
(5) Children's lemonade stands, or other similar children's stands
(6) Temporary sales that operate for less than three (3) days. A tent permit from the Fire Marshal shall be
obtained, as needed.
(7) Temporary sales for non-profit entities that operate for less than five (5) consecutive days.
(8) Non-profit organizations that prepare and donate or give away food for free.
(G) Prohibited Conduct. The following conduct is prohibited for mobile vendors:
(1) Obstruct pedestrian or vehicular traffic flow.
(2) Obstruct traffic signals or regulatory signs.
(3) Use of any device that produces a loud and raucous noise or operate any loudspeaker, light or light
system, public address system, radio, sound amplifier, or similar device to attract public attention.
(4) Conduct business in such a way as would restrict or interfere with the ingress or egress of the abutting
property owner or tenant, create a nuisance, increase traffic congestion or delay, constitute a hazard
to traffic, life or property, or obstruct adequate access to emergency and sanitation vehicles.
(5) Use or display any signage that is not in compliance with the Unified Development Code Chapter 174:
Signs.
(H) Suspension and Revocation of Permit. Any permit issued under these regulations may be suspended or
revoked by the Development Services Director for any of the following reasons:
(1) Fraud, misrepresentation or knowingly false statement contained in the application for the permit.(2)
Conducting the business of mobile vending in a manner contrary to the conditions of the permit.
(3) Conducting the business of vending in such a manner as to create a public nuisance, cause a breach of
the peace, constitute a danger to the public health, safety, welfare or interfere with the rights of
abutting property owners.
(4) Cancellation of health department authorization for a food or beverage vending unit due to
uncorrected health or sanitation violations.
(1) Notification of Suspension or Revocation. The Development Services Director shall provide written notice of
the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or
revocation and notifying the vendor or the property owner of his/her right to appeal to the Planning
Commission. Such notice shall be personally delivered, posted upon the mobile vendors' premises or mailed
to both the address of the property owner and the address of the mobile vendor shown on the permit
holder's application by certified mail, return receipt requested.
(Ord. No. 5185, 10-7-08; Ord. No. 5425, 8-2-11; Ord. No. 5498, 05-01-12; Ord. No. 5666, 3-18-14; Ord. No. 5979,
§§5, 6, 5-16-17; Ord. No. 6707, §2, 11-21-23)
(Supp. No. 36)
Created: 2025-03-27 11:36:21 [EST]
Page 3 of 3
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 20, 2025
CITY COUNCIL MEMO
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Interim Chief of Staff
Jonathan Curth, Development Services Director
Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs
FROM: Jessica Masters, Development Review Manager
2025-598
SUBJECT: OUTDOOR MOBILE VENDORS REQUIREMENTS - GATHERING AND PLACEMAKING
GOAL (AMENDMENT):
RECOMMENDATION:
City Staff recommend approval of proposed changes to 178.04 and 97.086 as outlined in the attached exhibits.
BACKGROUND:
As part of the "Gathering and Placemaking" goal outlined in the Fayetteville Park and Recreation Master Plan
adopted in 2023, the Parks, Natural Resources, and Cultural Affairs collaborated with Development Services to
evaluate code changes to increase opportunities for mobile vendors to operate in city parks. Through this
analysis, Development Services also found opportunities to streamline and clarify the permitting process to
help promote the small business entrepreneurship opportunities afforded through the mobile vendor ordinance.
DISCUSSION:
Currently, there are 52 active mobile vendor licenses in the City of Fayetteville. Under the existing ordinance,
mobile vendors may operate in essentially three ways: with a 12-hour permit to legally park on city streets in
appropriately zoned areas; with full-time permission to park on private property; or as part of a mobile vendor
court, which applies when five or more vendors operate on a single site.
The current code requires vendors to submit a full site plan, provide property owner consent, HMR tax
documentation, and appropriate state health department approvals. Requiring individual vendors to provide a
site plan is a major challenge that prevents vendors from obtaining a license; it requires a level of skill that
many vendors do not possess, and the information requested does not often apply (setbacks, easements, etc.)
because the vendors are not ultimately fixed in place.
Further, by not requiring any site improvements when multiple vendors operate on one site, staff have
observed that those sites often lack basic infrastructure such as adequate utilities, restrooms, and seating,
which can negatively affect nearby properties and pose safety and sanitation concerns. Oversight of these
multi -vendor sites is currently limited, since there is not a requirement to make any improvements until five
trucks are located on a site. As a result, enforcement of the outdoor mobile vendor regulations is often borne
by individual operators, who may not have the permission or the ability to make the necessary infrastructure
improvements if or when issues do arise.
To streamline licensing and improve oversight, staff propose consolidating the vendor licensing process, by
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
lowering the threshold for an outdoor mobile vendor court from five vendors to three, and by simplifying the
license requirements for individual operators. Staff contends that making this change will shift the regulatory
emphasis to property owners who host mobile vendors, and less regulatory burden on the mobile vendor
operators.
In researching this change, staff found that the other major cities within Northwest Arkansas have adopted
mobile vendor court requirements after two or more vendors are on site. Based on the level of improvement
that the City requires for a mobile vendor court, staff argues that lowering this threshold to three rather than
two is in line with rough proportionality standards for site improvements, while still capturing sites that should
be providing additional amenities due to the scale of their impact.
The proposed changes to licensing will also help promote and enable operators to locate within public parks
without providing a site plan. In order to locate within a park property, an operator must seek approval from the
Parks, Natural Resources, and Cultural Affairs Director. For private property, an operator must seek approval
from the respective property owner.
Full ordinance changes are attached in the exhibits.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3) , Exhibit A - 97.086 - Vending and Peddling (#4), Exhibit B - 178.04 - Outdoor
Mobile Vendors (#5), Strikethrough Changes (#6)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City Of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2025-598
OUTDOOR MOBILE VENDORS REQUIREMENTS - GATHERING AND PLACEMAKING
GOAL (AMENDMENT):
AN ORDINANCE TO AMEND § 97.086 VENDING AND PEDDLING § 178.04 OUTDOOR
MOBILE VENDORS OF THE FAYETTEVILLE CODE OF ORDINANCES TO REVISE MOBILE
VENDOR REGULATIONS
WHEREAS, as part of the "Gathering and Placemaking" goal outlined in the Fayetteville Park and
Recreation System Master Plan adopted in 2023, the Parks, Natural Resources, and Cultural Affairs
Department collaborated with Development Services to evaluate code changes that would increase
opportunities for mobile vendors to operate in city parks; and
WHEREAS, there are currently 52 active mobile vendor licenses in the City and, under the existing
ordinance, vendors are required to submit a full site plan, and provide property owner consent, HMR tax
documentation, and appropriate state health department approvals; and
WHEREAS, requiring individual vendors to provide a site plan is a major challenge that may prevent
vendors from obtaining a license; and
WHEREAS, by not requiring any site improvements when multiple vendors operate on one site, staff
have observed that those sites often lack basic infrastructure such as adequate utilities, restrooms, and
seating, which can negatively affect nearby properties and pose safety and sanitation concerns; and
WHEREAS, consolidating the vendor licensing process by lowering the threshold for an outdoor
mobile vendor court from five vendors to three, and simplifying the license requirements for individual
operators will streamline the licensing process and improve oversight.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 97.086 Vending
and Peddling and enacts a replacement § 97.086 as shown in Exhibit A attached hereto.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 178.04 Outdoor
Mobile Vendors and enacts a replacement § 178.04 as shown in Exhibit A attached to hereto.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2025-598
Item ID
5/20/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/2/2025 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
Submitted by CITY STAFF. The request is an amendment to 178.04 and 97.086. The proposed code changes would
modify requirements associated with outdoor mobile vendors.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
97.086 Vending and Peddling
STRIKETHROUGH
97.086 Vending And Peddling
(A) General Prohibition of Selling in City Parks. No person or business shall within a city park sell anything subject
to the exemptions set forth in subsection (B) of this chapter.
(B) Exemptions.
(1) The city's regularly licensed concessionaires acting pursuant to the authority and regulation of the city
are exempt from subsection (A).
(2) Nonprofit organizations which have obtained a special events permit may sell nonalcoholic beverages,
food and other approved items during an annual event.
(3) Sponsors of the Gulley Park Concert Series and other special events offered by the Department of
Parks, Natural Resources, and Cultural Affairs may sell food, nonalcoholic beverages, and other
approved items during the event when specifically approved by the Director of Parks, Natural
Resources, and Cultural Affairs. Approved merchandise may be sold at special events by performers
and hosts if approved in advance by the Director of Parks, Natural Resources, and Cultural Affairs.
(4) The Farmers' Market and its members may sell items allowed pursuant to subsection 114.02 (C) of the
Fayetteville Code on Sundays, Saturdays and one (1) weekday within a portion of the Lake Fayetteville
Park that is licensed to the Botanical Garden Society of the Ozarks (if approved by the society) as
shown on Exhibit A.
— —1 — A,
Farmers' Market at Lake Fayetteville Park
within Botanical Garden leased area
(5) Organizations that the city directly funds, event sponsors and the non-profit Friends of Fayetteville
Parks and Friends of the Yvonne Richardson Community Center are allowed at no charge to setup a
table to distribute information at park events upon approval of the Director of Parks, Natural
Resources, and Cultural Affairs.
(6) The Director of Parks, Natural Resources, and Cultural Affairs may approve vendors or appoint market
organizers to sell food, nonalcoholic beverages, and arts and crafts in parks as part of city -sponsored
events.
(Supp. No. 36)
Created: 2025-03-27 11:36:07 [EST]
Page 1 of 2
97.086 Vending and Peddling
STRIKETHROUGH
(C) Feed tFUCkS Outdoor mobile vendors who sell food and are permitted pursuant to Section 178.04-5 may
operate in city parks as described below:
(1) P^sVendors may not locate in the same area that is actively being served by a contracted
concessionaire ,< she n ^^ Exhobit C during regular season Fayetteville Parks, Natural Resources, and
Cultural Affairs leagues and tournaments.
(2) rC^w^a crurks�LsVendors may locate at Gulley Park during a Gulley Park Concert or special event in other
parks such as tournaments, reserved park gatherings, etc., if approved by the Director of Parks, Natural
Resources, and Cultural Affairs.
(3) Vendors may locate in parallel parking spaces and spaces designated for food trucks located within
parks with prior approval by the Director of Parks, Natural Resources, and Cultural Affairs, and are
subject to licensing requirements as outlined in chapter 178.04.
(Code 1965, §17A-29; Ord. No. 1594, 4-1-68; Code 1991, §97.086, Ord. No. 5310, 4-6-10; Ord. No. 5531, 10-02-12;
Ord. No. 5666, 3-18-14; Ord. No. 5828, §1(Exh. A), 12-15-15; Ord. No. 5940, §2, 12-20-16; Ord. No. 6664, §2(Exh.
A), 5-16-23; Ord. No. 6701, §1(Exh. A), 11-7-23)
(Supp. No. 36)
Created: 2025-03-27 11:36:07 [EST]
Page 2 of 2
178.04 - Outdoor Mobile Vendors
STRIKETHROUGH
178.04 Outdoor Mobile Vendors
(A) Purpose. The purpose of this section is to facilitate and control the ability of mobile vendors and mobile
vendor courts to operate while ensuring such use is compatible with nearby properties, fosters an
aesthetically appealing streetscape and does not create a dangerous traffic condition.
(B) Definitions.
(1) Food trucks. A type of mobile vendor which is a motorized and operationally self-contained single
vehicle equipped with facilities for cooking and selling food.
(2) Food trailers. A type of mobile vendor which is designed to be towed on public roads and having an
enclosed area for storage, handling or preparation of food.
(3) Other vendors. Mobile vendors are not limited to operating out of a food truck or trailer.
(4) Mobile vendor court. An outdoor commercial center with five (5) three 3 or more mobile vendors in a
shared location.
(C) Mobile Vendor Permit Requirements. All mobile vendors shall meet the following requirements and
submittals prior to approval:
(1) Each application for a permit to conduct a mobile vendor business shall be accompanied by a $100.00
125.00 permit review and processing fee. Mobile vendor permits shall be issued to the owner of the
mobile vendor vehicle. This application will also serve as the vendor's business license that will be
processed as such.
(2) Application for a permit to conduct a mobile vendor business shall include the following items in a
format acceptable to the Planning Division:
(a) Name, address, and contact information and signatureof both the . rty eWRer Rd the
mobile vendor requesting to locate on private property applicant.
(b) A valid copy of all necessary permits required by state and county health authorities which shall
be conspicuously displayed at all times during the operation of the business.
(c) Proof of application for remittance of HMR tax to the City of Fayetteville, when applicable.
(d) Photograph of the proposed vending device from all angles.
_(d) For each location other than these permitted as part of a Fnabile vendor court, a detailed site
plan roughly drawn to scale showing the location of the property lanes, each Mobile vendor
location, building setback lanes, vehicle parking spaces, the sidewalk location and any proposed
dining or sitting areas.
tie.
(3) The mobile vendor has the responsibility to dispose of all wastes in accordance with all applicable laws.
Mobile vendors are not permitted to dispose of their trash in public trash receptacles.
(4) The mobile vendor permit issued shall not be transferable in any manner.
(5) The mobile vendor permit issued shall be conspicuously displayed at all times during the operation of
the mobile vending business.
(6) The proposed use must be a permitted use -by -right within the underlying zoning district, with the
exception of outdoor mobile vendors that will operate in citv parks as outlined in 97.086.
(Supp. No. 36)
Created: 2025-03-27 11:36:21 [EST]
Page 1 of 4
178.04 - Outdoor Mobile Vendors
STRIKETHROUGH
(7) Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the
public has access to the interior of any mobile vending unit.
(8) Mobile vendors shall be required to renew their permit on an annual basis following the same
timeframe as a standards business license renewal. As part of the renewal process, vendors shall
submit an updated copy of the health department permit, HMR tax forms, and a re -inspection by the
City Fire Department where applicable. Failure to renew a permit will be cause for revocation by the
City Planning Division.
(D) Mobile Vendor Courts. Mobile vendor courts may be permitted administratively in appropriate zoning
districts. A property owner may request a permit from the Planning Division to develop a mobile court
subject to the following standards:
(1) The property owner has provided the Planning Division with a detailed site plan of the mobile vendor
court showing the location and dimensional relationships of the property lines, all proposed mobile
vendor locations, building setbacks, vehicle parking, sidewalk location and proposed dining or sitting
areas. The applicant must also provide an overall plan for the provision of water, sewer, and electricity.
(2) Site Improvement Requirements.
(a) Site Design. Sites shall be improved with a barrier between vehicular and customer service areas,
including ordering and dining areas. The barrier may be implied or physical and constructed with
landscaping elements; gated fencing; changes in ground surface texture, material or color; or
similar treatments. Sites which are not already paved with gravel or another hard surface shall
improve their parking areas with gravel or other pavement designed in accordance with the
Parking Lot Design Standards. With respect to landscaping requirements, the entire mobile
vendor court shall be considered a parking lot and perimeter landscaping will be required in
accordance with Parking Lot Landscape Standards.
(b) Sanitation. Adequate restroom facilities, as defined by relevant building code, shall be provided
either on -site or through a shared use agreement with a neighboring business. Portable toilets, if
used, must be screened from view of the public.
(c) Utilities. Above ground utility connections shall not interfere with pedestrian or vehicular safety
and shall not be located in customer service areas or customer parking areas.
(d) Mobile vendor courts shall not have continuous curb cuts or exacerbate a dangerous pedestrian
condition. New courts may close continuous curb cuts or improve pedestrian conditions with
temporary materials subject to approval of the City Planning Division. Acceptable materials
include planters, plinths, benches, pavers, and other furniture. Temporary improvements
installed by mobile vendor courts shall not reduce access for pedestrians with disabilities.
(E) 'hmit*pd Thme P-PAQq4S. Allowable locations. Permitted food trucks and trailers may operate in the following
locations for up to twelve (12) hours each day, after which they must move to a new location which is out -of -
view of the original location.
(1) Marked parallel parking spaces, which are not reserved for residential use and provided the parking
space is not in front of a business selling similar food. Service to customers shall be only on the
sidewalk side of the vehicle to maintain public safety. Vendors are not exempt from paying the
standard rate for the parking space.
(2) Marked parking spaces within parks pursuant to City Code §97.086.
(3) Private property zoned for food and beverage sales and with the owner's permission. A property owner
may grant permission for a mobile vendor to operate on their property for more than the allowed 12-
hmir limit_
(Supp. No. 36)
Created: 2025-03-27 11:36:21 [EST]
Page 2 of 4
178.04 - Outdoor Mobile Vendors
STRIKETHROUGH
(4) Parking spaces on the Downtown Square during the following standing events and within the areas
designated for the events by the City Code or special event permit:
(a) Farmer's Market.
(b) First Thursday.Sundays on the Square.
(c) Lights of the Ozarks. The twelve (12) hour time limit does not apply to permitted food trucks and
trailers managed by the Fayetteville Advertising and Promotion Commission during Lights of the
Ozarks as authorized by Section 117.93 of the City Code.
(F) Exemptions. The provisions of the Mobile Vendor ordinance do not apply to:
(1) The placing and maintenance of unattended stands or sales devices for the sale or display of
newspapers, magazines, periodicals and paperbound books.
(2) The distribution of free samples of goods, wares and merchandise by any individual from his person.
(3) Special events authorized by a special event permit from the City of Fayetteville Parking Management
Division.
(4) Fireworks sales.
(5) Children's lemonade stands, or other similar children's stands..
(6) Temporary tent sales that operate for less than three (3) days. A tent permit from the Dlanning Division
and Fire Marshal inspection is requiredfrom the Fire Marshal shall be obtained, as needed-
(7) Temporary sales for non-profit entities that operate for less than five (5) consecutive days.
(8) Non-profit organizations that prepare and donate or give away food for free.
(G) Prohibited Conduct. The following conduct is prohibited for mobile vendors:
(1) Obstruct pedestrian or vehicular traffic flow.
(2) Obstruct traffic signals or regulatory signs.
(3) Use of any device that produces a loud and raucous noise or operate any loudspeaker, light or light
system, public address system, radio, sound amplifier, or similar device to attract public attention.
(4) Conduct business in such a way as would restrict or interfere with the ingress or egress of the abutting
property owner or tenant, create a nuisance, increase traffic congestion or delay, constitute a hazard
to traffic, life or property, or obstruct adequate access to emergency and sanitation vehicles.
(5) Use or display any signage that is not in compliance with the Unified Development Code Chapter 174:
Signs.
(H) Suspension and Revocation of Permit. Any permit issued under these regulations may be suspended or
revoked by the Development Services Director for any of the following reasons:
(1) Fraud, misrepresentation or knowingly false statement contained in the application for the permit_-ef
(2) Conducting the business of mobile vending in a manner contrary to the conditions of the permit.
(3) Conducting the business of vending in such a manner as to create a public nuisance, cause a breach of
the peace, constitute a danger to the public health, safety, welfare or interfere with the rights of
abutting property owners.
(4) Cancellation of health department authorization for a food or beverage vending unit due to
uncorrected health or sanitation violations_
(Supp. No. 36)
Created: 2025-03-27 11:36:21 [EST]
Page 3 of 4
178.04 - Outdoor Mobile Vendors
STRIKETHROUGH
(1) Notification of Suspension or Revocation. The Development Services Director shall provide written notice of
the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or
revocation and notifying the vendor or the property owner of his/her right to appeal to the Planning
Commission. Such notice shall be personally delivered, posted upon the mobile vendors' premises or mailed
to both the address of the property owner and the address of the mobile vendor shown on the permit
holder's application by certified mail, return receipt requested.
(Ord. No. 5185, 10-7-08; Ord. No. 5425, 8-2-11; Ord. No. 5498, 05-01-12; Ord. No. 5666, 3-18-14; Ord. No. 5979,
§§5, 6, 5-16-17; Ord. No. 6707, §2, 11-21-23)
(Supp. No. 36)
Created: 2025-03-27 11:36:21 [EST]
Page 4 of 4
Foty vt 55
;. ECEIVE
t_ 05/27/2025
m C TY OF FAYETTEVILLE
,zaCITY CLERK'S OFFICE
Account#: NWC1.5004205
Company: CITY OF FAYLTIVVILLE-CLERKS OFF]
113 W MOUNTAIN
FAYETTEVILLF. AR 72701
Ad number#: 510103
PO #:
Matter of: ORD 6877
AFFIDAVIT•STATE OF ARK 1NS 1S
1 Maria Hernandez-Lopez ,do solemnly sstear that I am the l.r_al Clerk of the\WA Democrat Gazette.a dad)
newspaper printed and published in WASIlINCiTON,}31r\('ON count}.Slate of ARK-\NSAS:that I was so related to
. this publication at and during the publication(lithe annexed legal advertisement in the matter of:
ORI)6877
Pending in the court.in said County.and at the dates of the seterat publications of said ads crtisement stated helots.and
that during said periods and at said dates.said newspaper was printed and had a bona tide circulation in said Count).
that said newspaper had been regular!) printcJ and published in said counts.and had a Kona tide circulation therein for
the period of one month before the da:c of the tir,t publication of said aJaenisement::aid that said aJt crtisement%%as
published in the regular daih issues to'said nos sparer as stated helots,
:And that there is due or has been paid the NW'A Democrat Gazette titr publication the sum 01 S176.32.
(Includes 50.00 Atiidavir Chars:e1.
VIVA Lemocrut Gazette 05/25/25;;VIVA ntruonline.cuns 05/25/25
Legal Clerk f
• State of ARKANSAS.Count) of Sebastian - =t s.
Subscribed and sworn to before me on this 27th da) of May. 2025 = -
Nc
ARY PUBLIC
Ordinance:6877
File Number: 2025-598
OUTDOOR MOBILE VENDORS
REQUIREMENTS - GATHERING
AND PLACEMAKING GOAL
(AMENDMENT):
AN ORDINANCE TO AMEND§
97.086 VENDING AND PEDDLING
§ 178.04 OUTDOOR MOBILE
VENDORS OF THE FAYETTEVILLE
CODE OF ORDINANCES TO RE-
VISE MOBILE VENDOR REGULA-
TIONS
WHEREAS, as part of the
"Gathering and Placemaking-
goal outlined in the Fayetteville
Park and Recreation System
Master Plan adopted in 2023,
the Parks,Natural Resources,
and Cultural Affairs Department
collaborated with Development
Services to evaluate code
changes that would increase
opportunities for mobile vendors
to operate in city parks;and
WHEREAS,there are currently
52 active mobile vendor li-
censes in the City and,under
the existing ordinance,vendors
are required to submit a full slte
plan, and provide property
owner consent,HMR tax docu-
mentation, and appropriate
state health department ap-
provals;and
WHEREAS,requiring individ-
ual vendors to provide a site
plan is a major challenge that
may prevent vendors from ob-
taining a license;end
WHEREAS, by not requiring
any site improvements when
multiple vendors operate on one
site,staff have observed that
those sites often lack basic in-
frastructure such as adequate
utilities,restrooms,and seating,
which can negatively affect
nearby properties and pose
safety end sanitation concerns;
and
WHEREAS,consolidating the
vendor licensing process by
lowering the threshold for an
outdoor mobile vendor court
from five vendors to three,and
simplifying the license require-
ments for individual operators
will streamline the licensing
process and improve oversight.
NOW,THEREFORE,BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City
Council of the City of Fayet-
teville,Arkansas hereby repeals
§97.086 Vending and Peddling
and enacts a replacement §
97.086 as shown in Exhibit A at-
tached hereto.
Section 2: That the City
Council of the City of Fayet-
teville,Arkansas hereby repeals
§178.04 Outdoor Mobile Ven-
dors and enacts a replacement
§178.04 as shown in Exhibit A
attached to hereto.
PASSED and APPROVED on
May 20,2025
Approved:
Molly Rewn,Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:S176.32
May 25,2 2025 510103