Food Peddlers.
Milwaukee Code of Ordinances § 68-37
in effect68-37. Food Peddlers.
1. SALES ON THE PUBLIC RIGHT-OF-WAY. a. Findings. The common council finds food peddler vehicles parked on the public right-of-way in areas where there is a high concentration of traffic and pedestrian density jeopardize the safety of pedestrians and drivers, and dangerously increase traffic congestion. The common council further finds limiting the locations and times these vehicles may park on the public right-of-way in specified areas contributes to public safety. The common council shall review annually the ordinances relating to food peddler vehicles. It is the intent of the common council to work in cooperation with the police department, health department, and department of public works to administer its food peddler vehicle program.
b. Definition. For purposes of this subsection, “limited operation food peddler vehicle zone” means a portion of a public right-of-way designated by the common council for parking of food peddler vehicles subject to specified limitations. A limited operation food peddler vehicle zone shall be recorded on a map that may be found in the common council proceedings. The official record shall be on file in the city clerk’s office.
c. Locations Restrictions.
c-1. Public Right-of-way. All sales shall be made on the public right-of-way directly from a food peddler vehicle or a carried container unless one of the following exemptions is met:
c-1-a. A food peddler is selling food at the invitation of a business owner on private property provided all sales are made only to employees of the business and not to the general public.
c-1-b. A food peddler is issued an occupancy permit by the department of neighborhood services allowing food sales by the food peddler on a private property.
d. Time Restrictions. A food peddler shall not offer for sale or sell food between 3 a.m. and 6 a.m., Monday through Friday, or between 3:30 a.m. and 6 a.m. on Saturday and Sunday.
e. Limited Operation Food Peddler Vehicle Zone. The department of public works shall mark a limited operation food peddler vehicle zone by either posting a sign or painting the designated area.
e-1. Type 1, Time-Limited Food Peddler Vehicle Zone. Notwithstanding sub. d, a food peddler vehicle that is parked in a type 1 limited operation food peddler vehicle zone shall not:
e-1-a. Offer for sale or sell food between 1 a.m. and 6 a.m.
e-1-b. Offer for sale or sell food between 1 a.m. and 6 a.m. within the Downtown time-limited food peddler vehicle zone.
e-1-c. Park in that zone for more than 6 hours within a 12-hour time period.
e-2. Type 2, Density-Limited Food Peddler Vehicle Zone. The maximum number of food peddler vehicles allowed on a block face in a type 2 limited operation food peddler vehicle zone shall be determined for that specific block based upon density and traffic safety, as determined by the common council in consultation with the department of public works and the police department.
e-2-a. Application. Application for a parking space in a type 2 limited operation food peddler vehicle zone shall be made with the licensing division using an application established for that purpose. In the first year this ordinance is in effect, applications shall be filed no later than July 1, 2023, and shall be filed no later than March 1 of each year thereafter. If granted a parking space, the licensing division shall notify the applicant of the assignment, and the applicant shall accept the parking space in writing within 10 calendar days of receiving notification of the assignment or shall forfeit the assignment. Only one parking space shall be assigned per food peddler vehicle. No food peddler vehicle may be assigned a space in more than one zone. Parking space assignments may not be transferred.
e-2-b. Parking Space Assignment Seniority. Parking space assignment shall be determined by seniority, calculated by counting the number of years a food peddler has operated in the zone for which the applicant is applying as reported on their itinerary. Spaces shall be assigned to applicants in order of seniority until all applicants have been assigned a parking space or until all parking spaces are assigned. If applicants remain after all parking spaces are assigned, a waiting list shall be created using the same seniority system.
e-2-c. Additional Points. One year of seniority shall be added for a vehicle that is all of the following: 12 feet or less in length, 11 feet or less in height, and 7 feet or less in width, including wheels and all extensions, counter space, foldouts, awnings, or other contrivances attached to the main body of the food peddler vehicle.
e-2-d. Tie. If more than one food peddler has the same number of years of seniority, this tie shall be broken using the following criteria, considered in order:
e-2-d-1. Whichever food peddler has been licensed by the City the longest.
e-2-d-2. Whichever food peddler’s average food establishment grade is higher, as determined by the health department pursuant to s. 68-9-7.
e-2-d-3. Whichever applicant has received the fewest demerits for being disciplined by the city for offenses relating to the operation of food peddler vehicles. Each warning letter from the licenses committee shall count as one demerit. Each suspension of more than 10 days or revocation shall count as 5 demerits.
e-2-d-4. A game of chance administered by the license division.
e-2-e. Waiting List. Late applicants and food peddlers who forfeit their parking space as provided in subd. e-2-a shall be placed at the bottom of any waiting list. Any parking space that becomes available after parking space assignments have been made shall be offered to the highest-ranking food peddler on the waiting list.
e-3. Warning Letter. Notwithstanding the penalty provisions of ss. 68-45, 101-34-2-m or 115-45-4, or any licensing committee review under subd.4, if the city clerk’s office is presented with evidence of a violation of ss. 68-25, 68-31, 68-32, 68-37, 68-41, 68-43, 101-23-9.5, 101-23-9.6 or 115-45 by a food peddler or licensee, including photographic or video evidence, the food peddler or licensee shall receive a warning letter from the city clerk, sent to the address on file with the city clerk, advising the food peddler or licensee of the nature of the violation as well as the consequences under this section for additional violations.
e-4. Licensing Committee Review of Evidence from an Aggrieved Party. Notwithstanding the penalty provisions of ss. 68-45, 101-34-2-m or 115-45-4, or any warning letter received under subd. 3, if an aggrieved party files a written complaint with the city clerk seeking the revocation of an assigned parking space and presents evidence, including photographic or video evidence, of a violation of the provisions of ss. 68-25, 68-31, 68-32, 68-37, 68-41, 68-43, 101-23-9.5, 101-23-9.6 or 115-45 by a food peddler or licensee, the licensing committee shall review the evidence in open session and, in accordance with the provisions of ss. 85-4 and 85-5, may suspend or revoke access to the food peddler or licensee’s assigned parking space within a limited operation food peddler vehicle zone.
e-5. Suspension and Revocation for Convictions. Notwithstanding the penalty provisions of ss. 68-45, 101-34-2-m or 115-45-4, any warning letter received under subd. 3, or any licensing committee review under subd. 4, the city clerk shall have the authority to suspend or revoke access to the assigned parking space within a limited operation food peddler vehicle zone of any food peddler or licensee who has been convicted of violating any of the provisions of ss. 68-25, 68-31, 68-32, 68-37, 68-41, 68-43, 101-23-9.5, 101-23-9.6 or 115-45, according to the following procedure:
e-5-a. Upon a first conviction, access to the food peddler or licensee’s assigned parking space within a limited operation food peddler vehicle zone shall be suspended for a period of 2-weeks, in accordance with ss. 85-3 to 85-5.
e-5-b. Upon a second conviction within 365 days of the first, access to the food peddler or licensee’s assigned parking space within a limited operation food peddler vehicle zone shall be revoked in accordance with ss. 85-3 to 85-5.
e-6. Reapplication. Any food peddler or licensee who has had access to an assigned parking space within a limited operation food peddler vehicle zone revoked shall not be permitted to apply for a parking space within a limited operation food peddler vehicle zone for a period of 2 years following the revocation.
e-7. Appeal of Suspension or Revocation. Any food peddler or licensee who has access to an assigned parking space within a limited operation food peddler vehicle zone suspended or revoked under this paragraph may request in writing an appeal before the licensing committee. An appeal shall be requested no more than 10 working days after the date on which the applicant was notified of the suspension or revocation. An appeal shall be subject to common council review and approval in accordance with the provisions of ss. 85-4 and 85-5.
e-8. Penalty for Violation Suspension or Revocation. Any food peddler or licensee found to be in violation of any of the provisions of subds. 4 or 5 shall be subject to the following forfeitures: $50 for the first violation, $100 for the second violation, $200 for the third violation, and $450 for the fourth and each subsequent violation.
f. Special Permission. The common council may grant permission to a food peddler to park a food peddler vehicle and offer for sale or sell food at a location, on a date, and during a time period not otherwise authorized by this subsection.
2. OPERATING RESTRICTIONS. A food peddler shall comply with all regulations provided under ch. 101 and ss.105-56 and 115-45, as enforced by the commissioner of public works or the chief of police. Repeat violation of these restrictions shall be considered grounds for suspension, revocation or nonrenewal of a food peddler license.
3. KEEPING OF PERISHABLE FOOD. All perishable foods shall be kept in one of the following ways:
a. Frozen.
b. Refrigerated at 41° F or lower by means of mechanical refrigeration.
c. Heated and maintained at 135° F or higher.
4. SCALE REQUIRED. A food peddler shall provide a scale for items that are sold by weight and weighed at the time of sale. The scale shall be approved and licensed under ss. 81-135 and 82-14.
5. NOISE RESTRICTED. A food peddler shall comply with the noise nuisance regulations of s. 80-65-4 and all other noise regulations of this code.
5.5. LITTER CONTROL. A food peddler operating from a food peddler vehicle shall provide a sufficient number and capacity of litter receptacles adjacent to the peddler’s point of sale, and within any area patrons may reasonably be expected to congregate while eating. A food peddler shall:
a. Regularly monitor any area patrons may reasonably be expected to congregate while eating during operations, and collect litter found on sidewalks and the public right-of-way, regardless of the source of the litter.
b. Promptly empty litter receptacles whenever full to minimize litter on sidewalks and the public right-of-way.
c. Return litter receptacles and litter collected to a home base kitchen at the end of each day’s operations and properly dispose of collected litter.
6. COMPLIANCE WITH POLICE DEPARTMENT. A food peddler shall comply with any request from the police department to relocate for public health, safety or welfare reasons.
7. FIRE EXTINGUISHER. A food peddler doing any cooking or heating, whether that heating uses a combustible gas, electric heating device or an open flame, shall have and maintain a fire extinguisher appropriate for the operation.
8. BASE OF OPERATION. Every food peddler shall obtain a mobile base license. Unless operated at a licensed temporary event where facilities are provided on site or granted a variance by the department, each food peddler vehicle, cart or carried container shall return to its operational base every 24 hours for food, water and supplies, or for cleaning and servicing operations, including the emptying and cleaning of waste containers. A log shall be maintained indicating the dates and times the food peddler vehicle, cart or carried container was last serviced at a base of operation. Failure to use or maintain an operational base or failure to maintain an updated service base log shall be considered grounds for suspension or revocation of the food peddler license.
9. BLOCKING PEDESTRIAN ACCESS TO DOORWAYS PROHIBITED. Blocking or restricting any individual's access to a business or residential doorway shall be prohibited.
10. BLOCKING SIDEWALK PROHIBITED. Occupying any sidewalk so as not to permit any pedestrian at any time to have a minimum 5-foot clearance shall be prohibited.
11. DOOR-TO-DOOR SALES PRO-HIBITED. Selling food door-to-door shall be prohibited.
12. HORN USE PROHIBITED. Use of any type of horn by a food peddler with a carried container or a pushed, pedaled or pulled vehicle shall be prohibited.
13. CARRIED CONTAINER AND VEHICLE DESIGN AND CONSTRUCTION REGULATIONS.
a. Self-Contained Food Peddler Vehicles. Each food peddler vehicle shall be self-contained so that all extensions, counter space, foldouts, awnings, or other contrivances for the preparation and sale of food shall be attached to the main body of the food peddler vehicle or cart and move along with it.
b. Size Limitations. Each food peddler vehicle shall conform to the following size limits:
b-1. A motorized food peddler vehicle shall be 25 feet or less in length.
b-2. A pushed, pedaled or pulled food peddler vehicle shall conform to the following size limits:
b-2-a. Width including wheels shall be 4 feet or le
b-2-b. Length shall be 9 feet or less, of which not more than 6 feet of length shall be used for the display, storage, or preparation of items for sale.
b-2-c. Height shall be 6 and one-half feet or less, excluding awnings or umbrellas.
c. Generator Noise. A food peddler vehicle using a generator shall produce not more than an average of 80 decibels of sound, as measured 4 feet from the generator.
14. Identifying Signage. Each food peddler vehicle or carried container licensed under this chapter shall have identifying signs printed or affixed, in a prominent position, to 2 sides of the vehicle or container. Each identifying sign shall include the name of the business or person operating the vehicle or container and a valid telephone number for the business, in lettering not less than 3 inches high.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH68.pdf#page=15Fetched: 10/26/2026