Everett Criminalizes Unlicensed Mobile Food Vending, Authorizes Jail Time

food truck A food truck. (Canva/Mehmet Suat Gunerli)

Unlicensed mobile food vendors in Everett could now face fines and potential jail time under a new city law.

The Everett City Council unanimously approved an ordinance Wednesday, Feb. 11, making it a criminal offense to operate an unlicensed mobile food vending unit within city limits.

Under the ordinance, a “Responsible Operator” — defined as the individual running the stand, cart, tent, or kiosk — can be charged with a misdemeanor punishable by a fine of up to $1,000, up to 90 days in jail, or both.

An “Employer” found complicit in violations may face a gross misdemeanor carrying a fine of up to $5,000 and/or up to 364 days in jail.

The ordinance creates a new chapter of city code regulating mobile food vendors operating from non-permanent structures such as stands, carts, booths, tents, and kiosks.

Police Enforcement Authority

The Everett Police Department is explicitly authorized to enforce the new chapter. Officers who have reasonable grounds to believe a violation has occurred may detain individuals long enough to verify identity and permit status.

The ordinance also allows impoundment of a mobile food vending unit if an operator is arrested .

During council discussion prior to adoption, members requested internal police escalation policies and a six-month enforcement update, according to meeting minutes.

Licensing and Operational Restrictions

To operate legally, mobile food vendors must obtain:

  • A valid city business license
  • A valid Snohomish County Health Department mobile food permit

The ordinance also prohibits vendors from:

  • Operating between 10 p.m. and 7 a.m. without a city-issued permit
  • Operating on public streets or sidewalks without authorization
  • Operating near driveways, fire hydrants, bus stops, loading zones, or ADA parking spaces

Public Health and Fairness Rationale

The ordinance states that Snohomish County Health Department officials have recently responded to numerous unpermitted vendors within Everett and that existing enforcement tools were insufficient to address ongoing operations.

Proponents said unpermitted vendors may operate without verified sanitation, potable water, or temperature controls and may create unfair competition for properly licensed vendors.

Exemptions

The ordinance does not apply to:

  • Licensed food trucks
  • Lemonade stands operated by minors
  • Farmers selling their own produce
  • Nonprofit organizations
  • Vendors operating under city-approved permits or at farmers markets

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