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Planning Commission Meeting

Regular Meeting

Ocean Shores, WA · May 24, 2022

Agenda

Agenda

Agenda City of Ocean Shores Planning Commission Meeting Join Zoom Meeting Online Click Here Join Zoom Meeting by Phone Phone Number: 1.253.215.8782 US Meeting ID: 833 2923 0183 Passcode: 346827 Tuesday Ocean Shores Library May 24, 2022 573 Point Brown Ave. NW 2:00 PM Ocean Shores, WA 98569 Page Call to Order Roll Call Approval of Meeting Agenda Approval of Minutes 3-4 1. Approval of minutes for the Regular City of Ocean Shores Planning Commission Meeting on May 10, 2022 Public Comments Planning Commission is accepting written Public Comments to be sent via email to the City Clerk at slogan@osgov.com no later than 1:00 PM May 24, 2022 Old Business New Business Discussion 5 - 17 2. Food Trucks • Led by: Planning Commission Chair, Dan Bricker Reports 18 3. Planning Commission Member(s) Report • Dan Bricker • Gary Pease • Brian Bachman Page 1 of 18 Page • Thorn Ward • Eleanor Dorman • Richard Wills • Patrick Brunstad Future Meeting Item(s) and Meeting Date June 14, 2022 at 2:00 PM Adjourn _________________________________________________________ Public Notice: • Persons requiring auxiliary aids or special arrangements in order to participate in meetings should call 360.940.7498 at least two business days prior to the scheduled meeting. Page 2 of 18 MINUTES Ocean Shores Planning Commission Regular Meeting Tuesday, 5/10/2022 – 2:00 p.m. Meeting held at Ocean Shores Library 573 Point Brown Ave NW, Ocean Shores WA 98569 Minutes taken by Commissioner Thorn Ward 1. Call to Order Chair Dan Bricker called the meeting to order at 2:00 p.m. 2. Roll Call Planning Commissioners present: Dan Bricker, Brian Bachman, Thorn Ward, Richard Wills, Gary Pease, Brian Bachman Planning Commissioners absent: • Commissioner Wills made motion to excuse Commissioner Brunstad’s absence. • Motion was seconded and passed unanimously. City Staff present: City Planner Marshall Read, City Clerk Sara Logan 3. Approval of Meeting Agenda • Commissioner Wills moved to approve the meeting agenda. • Motion was seconded and passed unanimously. 4. Approval of Minutes • Commissioner Wills moved to approve the meeting minutes from 4/26/2022. • Motion was seconded and passed unanimously. 5. Public Hearing Rezone RZ 21---001 Div. 15, Lot 32 to B-2 Public Comments: Don Williams A lively discussion by Planning Commissioners; Commissioner Wills moved to approve the application; Motion was seconded and passed unanimously. 6. Public Comments: No public comments 7. Continued Business: • Transient Rentals – Ocean Shores Municipal Code Review presented by Commissioner Gary Pease; A lively discussion by Planning Commissioners; Commissioner Wills moved to approve the review; Motion was seconded and Passed with Commissioner Ward abstaining. 8. New Business • None 9. Members of the Commission Reports None 10. Secretary for Next Meeting Page 1 of 2 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 3 of 18 Chair Dan Bricker appointed Commissioner Brunstad as secretary for the 5/24 /2022 Meeting. 11. Future Meeting • Next meeting is at 2:00 p.m. on 5/24/2022. 12. Meeting adjourned at 3:05 p.m. 13. Adjournment • Commissioner Wills moved to adjourn. • Commissioner Bachman seconded the motion. Motion passed unanimously. • Chair Bricker adjourned the meeting at approximately 3:00p.m. Page 2 of 2 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 4 of 18 Food Truck Information Existing Ocean Shores Municipal Code (OSMC) pertaining to food trucks is convoluted and confusing. The following information may help untangle the various threads and also provide insight and information from state resources. The following section is copied and pasted directly from the OSMC code. Chapters are not shown in sequential order. Instead, they are organized to help the reader follow and understand the thread defining how vending is currently managed. The highlighted text focuses attention specifically on the portion of the OSMC code concerning vending. 5.24.040 Activities not allowed. Vending as defined in this ordinance is not allowed except pursuant to Section 9.01.110 of this code. (Ord. 774 § 1, 2004) 9.01.110 Certain vocations and actions prohibited. A. It is unlawful to take up collections, or to act as or ply the vocation of a canvasser, solicitor, agent, peddler, fakir, mendicant, beggar, strolling musician, organ grinder, exhorter, barker, showman, or vendor, without first obtaining a written permit from the director. B. It is unlawful to operate or use any microphone, sound equipment, boom box, portable stereo, bullhorn, or loudspeaker in any park at a level which will unreasonably disturb or interfere with the peace, comfort and/or repose of other park visitors or occupants of neighboring properties, without first obtaining a written permit from the director. C. Any violation of the provisions of this section is a Class 1 civil infraction, with a maximum penalty of two hundred fifty dollars, plus statutory assessments. Additionally, any person violating this section shall be subject to having equipment and/or materials immediately confiscated, if the responding law enforcement officer reasonably believes that the violator’s behavior is likely to continue unless said equipment and/or materials are confiscated. 5.24.010 Definitions. In this chapter, unless the context requires otherwise, the following definitions apply: “Proponent,” “promoter” or “sponsor” means the individual or entity sponsoring or organizing a special event. “Special event” means and includes but is not limited to festivals, parades, competitions, marine events, shows, exhibitions, fairs, outdoor dances, concerts, rodeos, swap meets, outdoor sales, or activities at which booths, stalls, concessions, food sales, rides or other activities are allowed, using city facilities or property. This definition shall not apply to events which are conducted pursuant to contract with the Ocean Shores Convention Center, and which are held entirely within the confines of the Ocean Shores Convention Center. “Vendor” means selling, displaying, or advertising goods or services in any area or location not covered by a city business license. (Ord. 774 § 1, 2004) Page 1 of 13 2. Food Trucks Led by: Planning Commission Chair, Dan Bricker Page 5 of 18 Food trucks are not defined in the OSMC. Defining “food truck” a “Mobile Vending Vehicle / Trailer” could help clarify existing code. and help distinguish between brick and mortar establishments and mobile establishments. (Ord. 887 § 1 (part), 2010; Ord. 763 § 4, 2003; Ord. 715 § 1 (part), 2001. Formerly 9.01.100) 5.24.050 Violation—Penalty. It shall be unlawful for any person to conduct a special event without having first obtained a special event permit. A violation of this chapter shall be a Class B offense as defined in Section 7.01.050 of this code. (Ord. 774 § 1, 2004) Comment: Chapters 5.24.050, in conjunction with 5.24.010 seem to state that vending trucks can be allowed provided the “director” has issued a special event permit. Also, note that 5.24.010 states that convention center events are not “special events”. 9.01.120 Selling refreshments or merchandise or distributing literature. A. It is unlawful to sell refreshments or merchandise in any park without first entering into a concession contract that complies with the rules and regulations of the director. It is further unlawful for any person to distribute literature of any kind in any park within the city without first obtaining a written solicitors’ and/or canvassers’ license from the city. The director shall establish rules and regulations relating to the issuance of such permit which may prohibit the distribution of literature of a purely commercial advertising nature and shall require the deposit with the city of a litter cleanup deposit in an amount to be determined by the director prior to the issuance of any such permit. Comment: Chapter 9.01 is about city parks. However, chapter 9.01.110 is the only place that prohibits non-convention center vending. Regulating “vending” in the section of code about city parks is confusing. B. No liquor is allowed on park premises without a liquor permit. C. Any person violating the provisions of this section shall be guilty of a Class A offense as defined in Section 7.01.050. Before any meaningful change can be made to the existing codes regulating mobile vending, the city would benefit by considering then legislating answers to the following questions. • A primary reason for allowing food trucks is that during the visitor season existing brick and mortar restaurants are unable to keep up with dining demands • An important question facing city legislators regarding mobile vending is whether or not the city’s best interest is served by protecting Brick and Mortar (B&M) venue from out-of-town vendors. o According to one B&M owner, his business would lose as much as $800 per day every day food trucks operate in our city. This amounts to $60,000 per year if food trucks were allowed to operate for just 25 three-day periods (weekends) a year. o Currently, mobile vendors pay the city a flat fee of between $200 to $250 per convention center event. Page 2 of 13 2. Food Trucks Led by: Planning Commission Chair, Dan Bricker Page 6 of 18 o City income from brick and mortar (B&M) businesses comes from various forms of taxes. • The alternative to protecting brick and mortar dining is to allow the free market (mobile vending) some degree of access outside of convention center events. o Health department rules were recently updated. Prior to the update, food trucks had to have full access to a brick-and-mortar bathroom that had hot water. The bathroom had to be within 200 feet of the food truck. The distance has now been increased to within 500 feet. NOTE: Even with the increase in distance, food trucks would still not be allowed at Damon point, the jetty or on the beaches. o If the city decided to allow mobile vending, where in the city should they be allowed? The city of Astoria Oregon and other cities codes stipulates “on private property”.  If Ocean Shores used the same criteria, does that mean that any residential or commercial property could supplement income by renting space to a mobile vendor? o If allowed, should mobile vending be allowed year-round, seasonally, or only during weekends and holidays? What specific criteria would best benefit the long-term goals of the city? o Should mobile vending be allowed to operate unfettered, or might it be legal to only allow local brick and mortar establishments to operate mobile vending outlets within the city exclusive of convention center events? o How would grease laden waste-water be regulated. Several local brick and mortar facilities have been required to install grease traps costing thousands of dollars. Unrestricted dumping of greasy water would ultimately result in a massive expense to unclog the waste-water collection system. The follow ing are additional state resources regarding m obile food units THE FOLLOWING IS A TABLE OF SUPPORTING INFORMATION MOBILE FOOD UNITS—COMMISSARY AND SERVICING AREA REQUIREMENTS. 4 FOOD TRUCK LAWS AND REGULATIONS 4 LOCAL FOOD TRUCK REGULATIONS 5 RECENT LEGISLATION: SHB 2639 6 FOOD TRUCK DISTANCE TO EMPLOYEE RESTROOM RULE REVISION COPIED FROM: 7 WHAT YOU NEED TO KNOW ABOUT LABOR & INDUSTRY & FOOD TRUCKS 7 TEMPORARY FOOD SERVICE IN GRAYS HARBOR COUNTY COPIED FROM: 9 WHICH TYPE OF PERMIT(S) SHOULD I APPLY FOR? 11 MOBILE FOOD UNITS—RECIPROCITY—RULE MAKING. COPIED FROM: 12 Page 3 of 13 2. Food Trucks Led by: Planning Commission Chair, Dan Bricker Page 7 of 18 The follow ing inform ation w as copied and pasted from various w ebsites. Ctrl Click on the links to jum p to the resource. This list m ay not be totally inclusive of all regulations involved. Mobile food units—Commissary and servicing area requirements. Copied from: RCW 43.20.148: Mobile food units—Commissary and servicing area requirements. (wa.gov) The regulatory authority must approve a request for a mobile food unit to be exempt from state board of health or local health jurisdiction requirements to operate from an approved commissary or servicing area if: (1) The mobile food unit contains all equipment and utensils needed for complete onboard preparation of an approved menu; (2) The mobile food unit is protected from environmental contamination when not in use; (3) The mobile food unit can maintain required food storage temperatures during storage, preparation, service, and transit; (4) The mobile food unit has a dedicated handwashing sink to allow frequent handwashing at all times; (5) The mobile food unit has adequate water capacity and warewashing facilities to clean all multiuse utensils used on the mobile food unit at a frequency specified in state board of health rules; (6) The mobile food unit is able to store tools onboard needed for cleaning and sanitizing; (7) All food, water, and ice used on the mobile food unit is prepared onboard or otherwise obtained from approved sources; (8) Wastewater and garbage will be sanitarily removed from the mobile food unit following an approved written plan or by a licensed service provider; and (9) The local health officer approves the menu and plan of operations for the mobile food unit. [ 2019 c 185 § 2; 2018 c 167 § 1.] Copied from MRSC website: https://mrsc.org/Home/Stay-Informed/MRSC-Insight/June- 2018/Food-Truck-Laws-and-Regulations.aspx Food Truck Laws and Regulations June 26, 2018 by Oskar Rey Category: Licensing and Regulation, New Legislation and Regulations, Business Licenses and Taxes This post is was first published in 2017 but has since been updated Food trucks have become increasingly popular in recent years. They are also complicated from a regulatory standpoint because they are both vehicles and food service establishments. As a result, food truck operators typically must obtain several state and local authorizations to do business in a given location. This blog post will sort through applicable food truck laws and Page 4 of 13 2. Food Trucks Led by: Planning Commission Chair, Dan Bricker Page 8 of 18 regulations and cite examples of approaches taken by Washington municipalities that regulate food trucks in their jurisdictions. What Is a Food Truck? You might know one if you see it, but according to the State Department of Labor and Industries (L&I) a food truck is a licensed vehicle from which food is sold at temporary sites. Workers work inside the food truck but the public stays outside. Also, a food truck is no more than 8.5 feet wide and has at least one of the following: an electrical system, a water or drain system, or a propane gas system. From L&I’s perspective, if customers can come inside, then the establishment may be a commercial coach (if it is a vehicle) or a modular building (if it is not a vehicle). If workers serve or deliver food outside, then it may be a push cart or food delivery truck. Local jurisdictions may choose to include food trucks with other types of temporary merchants and mobile vendors for regulatory purposes. Business License Requirements Like other businesses, a food truck is required to have a state business license. Cities and counties typically require food trucks to obtain local business licenses as well. Food truck operators note that it can be burdensome to obtain business licenses from the different jurisdictions in which they would like to do business. Some cities, like Wenatchee (City Code Secs. 5.76.030(6) and 5.76.080(2)), provide temporary business licenses at reduced cost to vendors who seek to do business in the city for a limited period of time. Other jurisdictions, such as Ellensburg (City Code Sec. 6.64.160), will not require a business license from a vendor that is an authorized participant in a permitted special event. Health Department Requirements In order to serve food, operators are required to obtain a permit from the local health department. Health departments require detailed plans to minimize the risk of foodborne illness. Since health departments generally have countywide jurisdiction, food truck owners must obtain approval when they wish to operate in a new county. Snohomish Health District indicated in 2017 that it would not require plan review from operators who have current permits in King or Pierce counties. This step significantly streamlines the permit process and saves operators approximately $400 in fees. Snohomish Health District indicates that it is the first health district in the state to try this approach. Local Food Truck Regulations Cities have a broad amount of discretion with respect to issuing permits for food truck locations. Cities often require prior approval for a food truck operator to operate in a specific location. For example, the City of Lacey (Municipal Code Chs. 16.70.050 and .060) designates certain areas in the right-of-way for food truck use and also provides that food trucks may operate in certain zones with the prior authorization of the city. In addition, some cities, such as Everett (Municipal Code Ch. 5.84.090), specify locations at which a food truck may not operate. In Tacoma, a partnership between the City of Tacoma and the Tacoma Pierce County Health Department has resulted in a regulatory license that allows mobile food trucks or trailers to Page 5 of 13 2. Food Trucks Led by: Planning Commission Chair, Dan Bricker Page 9 of 18 legally operate curbside at select zones in the city. A Food Truck Vendor Checklist helps to guide applicants through the process. In addition, the City of Vancouver offers a helpful matrix that describes various approval requirements depending on whether the food truck will be on public or private property and whether it will be temporary or permanent. For a smaller city example, please see the City of Ridgefield mobile food vending webpage, which contains a concise description of the applicable regulatory requirements. Food Trucks on Public or Private Property (Non-Right-of-Way) Food trucks outside the right-of-way present a few unique issues. First, food trucks on public property, such as a park, trigger a requirement to pay leasehold excise tax pursuant to chapter 82.29A RCW. Agencies will want to factor that into account when setting food truck rates and be sure to remit the tax to the Department of Revenue. Second, some businesses, such as brew pubs, consider food trucks to be complimentary to their operations and allow food trucks to provide service on their property. To the extent a business owner provides space for food trucks on a regular basis, the use of that space may be subject to transportation impact fees. For example, Mount Vernon provides in its zoning provisions that transportation impact fees shall be assessed for mobile food van uses. Recent Legislation: SHB 2639 Earlier this year the legislature passed SHB 2639, which exempts food truck operators from state board and local health jurisdiction requirements to have a separate brick-and-mortar kitchen for preparation and storage of their food. Now, operators can prepare, store, and cook food in the trucks as long as certain requirements (listed in the legislation) for equipment and storage are met. Questions? Comments? If you have comments about this blog post, please comment below or email me at orey@mrsc.org. If you have questions about this or other local government issues, please use our Ask MRSC form or call us at (206) 625-1300 or (800) 933-6772. MRSC is a private nonprofit organization serving local governments in Washington State. Eligible government agencies in Washington State may use our free, one-on-one Ask MRSC service to get answers to legal, policy, or financial questions. About Oskar Rey Oskar Rey has practiced municipal law since 1995 and served as Assistant City Attorney for the City of Kirkland from 2005 to 2016, where he worked on a wide range of municipal topics, including land Page 6 of 13 2. Food Trucks Led by: Planning Commission Chair, Dan Bricker Page 10 of 18 use, public records, and public works. Oskar is a life-long resident of Washington and graduated from the University of Washington School of Law in 1992. Food Truck Distance to Employee Restroom Rule Revision Copied from: https://www.doh.wa.gov/CommunityandEnvironment/Food/FoodWorkerandIndustry/FoodSafetyRules /FoodTruckRuleRevision Affected and Interested Parties Food Truck Owners and Employees Washington State Food Truck Association, Washington Hospitality Association, Washington Food Industry Association, local health jurisdictions, and other interested parties. Adopted Rule Summary The State Board of Health adopted the proposed rule that increases the maximum distance to the employee restroom for mobile food units from within 200 feet to within 500 feet during all times of operation when the mobile food unit is at any one location for more than one hour. The State Board of Health determined the adopted rule benefits the mobile food truck industry by allowing food service in additional locations. The revised rule will still require restroom and handwashing facilities to be readily accessible so the practice of using the restroom and handwashing will not be impacted. Rule Development Timeline A CR-103 was filed on November 13, 2018 as WSR# 18-23-021. The rule is effective on January 1, 2019. CR-103 Adopted Rule Language (PDF) For More Information Peter Beaton, Rules Coordinator, 360-236-4031 Susan Shelton, Food Safety Program, 509-212-1206 What you need to know about Labor & Industry & food trucks Copied from: https://wafoodtrucks.org/labor-industry-info What you need to know about Labor & Industry & food trucks. ... Building Codes (W AC Chapter 51-50): https://apps.leg.wa.gov/w ac/default.aspx?cite=51-50. New Law Requires L&I Inspections: A new law that went into effect June 21, 2016, requires L&I to inspect all food trucks. Previously, food trucks used outside Washington for six months or more were generally exempt from state standards. The new law, SHB 2443, removes the exemption. Click here to see if you have a unit that requires inspection. This covers units who plan to function under a temporary permit also. Use the Vendor/Medical Conversion Units Pre-Inspection Checklist (F622-072- 000) to prepare for the inspection. Page 7 of 13 2. Food Trucks Led by: Planning Commission Chair, Dan Bricker Page 11 of 18 Remember: You will still be charged for an inspection even if your truck isn’t ready. Additional fees will be charged if extra inspections are necessary. Once your truck passes inspection, you will have completed L&I's requirements for your food truck. Don't need to submit plans? You still need an inspection. Food trucks need to be inspected to receive an L&I insignia. You need an inspection before starting your food truck business. You cannot receive your county health department operting permit without the L&I insignia. Please contact 800-705-1411 (Option 3) for the plan review staff at 360-902-5218. The current turnaround time for your review is 4 to 8 weeks at a minimum before it is assigned to a reviewer due to the volume of all applications. This includes all application types not just mobile vendors (as they have approximately (7) project types they review. L&I will respond to inquiries on your application status, but frequent questions (and missing information) will slow them down and delay progress. Please seek out help if you feel you need it with this part of your start-up. We recommend using an L&I consultant: Parisi Productions, contact - Nick Parisi at 206-225-3058 LP Mounting Requirements: For LP cylinders and tanks on food trucks/trailers we use the same requirements as for RV’s found in NFPA 1192 section 5. You can email us for the code mounting requirements. There are two options: DOT approved “LP cylinders” must be mounted either on the tow hitch of a trailer or in a sealed compartment within the body of the truck or trailer. They cannot be mounted on the rear, or roof, or under the floor. DOT approved tanks must be periodically inspected as required by the federal Dept. of Transportation. (See new IFC Fire Code requiring annual tank inspections.) “LP tanks” constructed to the ASME code for boilers and pressure vessels may be permanently mounted below the floor of a food truck or trailer. There is no DOT requirement for periodic re- inspection of ASME tanks. Re Smokers - Per L&I: Smokers and bbq units must be listed appliances (NSF, UL, ETL etc.) for interior use (just as all other appliances for cooking), vented or other (under hood possibly) per the manufacturer recommendations and provided with the required clearances in place per the manufacture. This is even if on the back (porch or patio unit) as this is considered the envelope interior area under the roof / shell of the trailer. Many smokers / bbq units are not listed and do not comply and are technically not legal to function on the trailer. Often we find people hauling them on the back then removing and operating the units on the ground and this is ok from our L&I regulations as its not on the trailer. These have high probability of fire and are unsafe when not listed. Make sure you have your county health plans approved for a smoker first before doing construction as not all counties allow them. Built-In Generators: must be listed for RV use, hard wired, with a listed transfer switch into the electrical system. Regardless of what health departments have approved in the past, they are becoming increasingly more concerned about how food trucks are able to maintain hot/cold temps while in transit, and they will be asking questions about how units are powered while in transit. They will very likely deny trucks that plan to use gas powered generators while in transit. You are best off Page 8 of 13 2. Food Trucks Led by: Planning Commission Chair, Dan Bricker Page 12 of 18 to hardwire onboard appliances, just like an RV, using the power provided by the engine while in transit. Additionally, the fire department has a problem with running generators on a moving vehicle. Regarding the Structural Load- (code: 296-150V-0930) When are structural load tests or structural calculations required? (1) A structural analysis is required when a unit has a concentrated floor load of 500 pounds or more in a 16 square feet or less area. (2) The structural load test can be used as an alternative. (a) A structural assembly tested for qualification must sustain the design dead load plus the superimposed design live loads for vendor units and medical units assembly. (b) An assembly failure is defined as a rupture, fracture, or residual deflection which is greater than the limits. An engineer needs to check the floor to be sure it can support the weight. Size limitations: The units must be 8 feet 6 inches or less in width (exterior floor measurement) in the set-up position, and the inside working area must be less than 40 feet in length (interior floor measurement). L&I Risk Classification Codes If your food truck is not moving to different locations during the day, all operations are reported under code 3905, with a base rate of .41. Code 1101 - (base rate = 2.15), is for route food services that travel to various locations throughout the day. Anyone with any exposure to the nature of the business is reportable in the basic classification, so any cashier or clean-up person would be reportable in 3905 in a food truck operation that doesn’t travel from place to place throughout the day. Even if the food truck is going to one location for the day then packs up and goes home, they would be reportable in 3905. If you have questions related to workers compensation issues: their web site is http://www.lni.wa.gov/ClaimsIns/ Does your mobile unit need a USDOT number? In general, a USDOT Number is required if you are operating in interstate commerce and meet the following criteria: You have vehicles that are over 10,000 lbs. (GVWR, GCWR, GVW or GCW), you transport between 9 and 15 passengers (including the driver) for compensation, whether direct or indirec, tYou transport 16 or more passengers, you haul hazardous materials. Matt Charles CBO, Factory Assembled Structures Plans Examiner, Department of Labor and Industries 901 N. Monroe Street Suite 100 - Spokane, WA. 99201 - Email chma235@lni.wa.gov TEMPORARY FOOD SERVICE IN GRAYS HARBOR COUNTY Copied from: Page 9 of 13 2. Food Trucks Led by: Planning Commission Chair, Dan Bricker Page 13 of 18 https://www.co.grays- harbor.wa.us/departments/public_services/environmental_health_division/temporary_food_service.ph p Temporary Food Service is defined in the Washington State Administrative Code (WAC) 246-215 as: (a)Operating at a fixed location, with a fixed menu, for not more than twenty-one consecutive days in conjunction with a single event or celebration, such as a fair or festival; or (b)Operating not more than three days a week at a fixed location, with a fixed menu, in conjunction with an approved, recurring, organized event, such as a farmers market. Temporary food permits are required for all vendors who sell food to the public. This includes restaurants who are preparing or serving food outside their physical establishment. There are some food exemptions that will do not require a permit fee but an application must still be submitted to the Grays Harbor County Environmental Health Division. Page 10 of 13 2. Food Trucks Led by: Planning Commission Chair, Dan Bricker Page 14 of 18 Which type of permit(s) should I apply for? Farmer's Market Multiple Event Single Event or Celebration Application or Recurring Event Application Application The event cannot exceed more than three days per week, Applicant can choose to such as a Friday, attend any event listed on Saturday and the "Coordinated Event" Sunday. sheet. The event cannot last Coordinated events include more than 16 a minimum of three consecutive weeks. vendors (not including the The event does not exceed 21 days. coordinator); All vendors A new application an need not be selling food the corresponding fee The event does not meet the coordination event items to qualify. must be paid should requirement under a Multiple Event Permit the event exceed 16 The event coordinator consecutive weeks. This permit application may apply if: annually submits a Coordinator Multiple Event Permit 1) You are the sole food vendor at the event, such as a Checklist form to this office. holders attending a BBQ, holiday celebration, dinner/breakfasts, etc. farmer's market or Events not listed on recurring event that 2) You do not meet the minimum vendor qualifications Coordinated Event Sheet is not included on the under a Multiple Event Permit to be considered a can become coordinated by Coordinated Event coordinated event. having the coordinator List, must apply for a submit a Coordinator separate event under 3) The event is coordinated but the coordinator Checklist this permit and pay has not submitted a Coordinator Checklist 50% of the Events not provided on the corresponding fees. 4) You are the Event Coordinator and do not have Coordinated Event list or a minimum of three vendors attending your event. events that do not meet the Your groups, youth coordinated event definition sporting events, may apply under a different and/or nonprofit temporary food permit charitable structure and must pay organizations (i.e. 50% of the corresponding concession stands, fees. charitable fundraiser, etc.) may apply under a recurring event application. Page 11 of 13 2. Food Trucks Led by: Planning Commission Chair, Dan Bricker Page 15 of 18 Single Event Permit Multiple Event Permit Recurring Event Permit Guidelines for Temporary Food Service Exempt from Permit Application Sampling or Tasting Notification Coordinator Checklist Multiple Event Coordinated Event List Minimal requirements must be met to approve temporary food service in Mobile food units—Reciprocity—Rule making. Copied from: https://app.leg.wa.gov/rcw/default.aspx?cite=43.20.149RCW 43.20.149 (1) Beginning May 1, 2020, a regulatory authority must accept a completed and approved plan review of a mobile food unit from another regulatory authority if: (a) The applicant has obtained a valid permit to operate the mobile food unit from another regulatory authority; and (b) The applicant provides the following to the regulatory authority from which the applicant is seeking a permit: (i) A copy of the current operating permit from the original regulatory authority; (ii) A copy of the complete approved plan review from the original regulatory authority; (iii) The most recent inspection report of the mobile food unit from the original regulatory authority that demonstrates compliance with food safety standards; and (iv) Any commissary agreements that the applicant was required to maintain under the permit from the original regulatory authority. (2) Except as provided in (a) and (b) of this subsection, the regulatory authority may not require an applicant to submit any additional documents or inspections to obtain a permit to operate the mobile food unit. (a) The regulatory authority may require an applicant to submit any restroom agreements the regulatory authority determines are necessary to comply with department and state board regulations. (b) The regulatory authority may require an applicant to submit additional commissary agreements as required by department and state board regulations unless: (i) A mobile food unit is exempt from the use of a commissary under RCW 43.20.148; or (ii) A mobile food unit returns to its approved commissary after each day of service as described in the approved plan. Page 12 of 13 2. Food Trucks Led by: Planning Commission Chair, Dan Bricker Page 16 of 18 (3) A regulatory authority granting a permit pursuant to subsection (1) of this section may charge the applicant an annual permit fee, but may not charge a plan review or inspection fee. (4) The state board must adopt rules to implement this section. [ 2019 c 185 § 3.] Page 13 of 13 2. Food Trucks Led by: Planning Commission Chair, Dan Bricker Page 17 of 18 3. Planning Commission Member(s) Report Dan Bricker Gary Pease Brian Bac... Page 18 of 18

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