[Ord. No. 2021-31, 7-27-2021]
The purpose of this Chapter is to provide a system of regulations
to preserve and promote the health, safety, and general welfare of
the public that is compatible with mobile food vending.
[Ord. No. 2021-31, 7-27-2021]
As used in this Chapter, the following terms shall have this
prescribed meaning:
An individual or entity providing for the preparation and
sale of food with the use of traveling cooking equipment used for
vending. Approved equipment includes motorized food trucks, tow behind
trailers and cooking equipment that can be erected under a tent on
a temporary basis.
A licensed, motorized vehicle (sometimes referred to generally
as a "food truck") that includes a self-contained or attached trailer
kitchen in which food is prepared, processed, or stored and such vehicle
is used to sell and dispense food to the public.
[Ord. No. 2021-31, 7-27-2021]
A.
A person
engage in a mobile food vending business activity shall comply with
the following regulations.
1.
Mobile food vending activity and the location of any mobile food
vehicle is to be temporary. A mobile food vehicle may not park in
one (1) individual location for more than twelve (12) hours during
any twenty-four (24) hour period unless part of an approved special
event, in which case the vehicle may be continually parked in one
(1) individual location but only for the period of the approved special
event.
2.
A mobile food vendor may not operate within one hundred and fifty
(150) feet of the main entrance of any annually licensed business
that sells food and/or beverages to the general public, unless the
owner or authorized agent of said business gives their written consent,
a copy of which consent must be available for inspection. Additionally,
a mobile food vendor may not operate within three hundred (300) feet
of any licensed special event without the consent of the holder of
the permit for the special event or his/her authorized agent. A copy
of said consent shall be kept available for inspection.
3.
A mobile food vehicle may not operate upon any public land, right-of-way,
or leased parking space unless as a part of an approved, permitted
special event, and the holder of the special event permit gives written
consent for operation within the permitted event area.
4.
No use of a public or private power source is permitted without the
written consent of the owner, and such consent shall be available
for inspection.
5.
Any person engaged in mobile food vending shall have for any mobile
food vehicle a current copy of their sales tax certificate, lease/property
use consent letter from the landowner or their authorized agent which
shall specify a description of the property, the name of the mobile
food vendor and the period that he/she is permitted to use the property.
In addition, anyone engaged in mobile food vending must provide Health
Department compliance and required inspection reports, vehicle registration
and insurance that meets or exceeds the State requirements and a food
liability policy that has minimum policy limits of one million dollars
($1,000,000.00), and a copy of their required City, County, and/or
State business licenses.
6.
Any person engaged in mobile food vending shall provide sanitation
plan, which must be approved by the City's Public Works Director,
that provides for disposal of grease and other liquids and solids,
which under no circumstances are to be discharged into the City's
wastewater or storm sewer systems. In addition, any person engaged
in mobile food vending shall provide for trash and recycling containers
for use by their patrons and shall police and keep clean the area
within twenty-five (25) feet of their mobile operations of all trash
and other debris. Such trash and debris must be deposited into a non-public
trash container and properly disposed of.
7.
Any mobile food vending operation shall have no more than one (1)
sign, no larger than twenty-four inches by thirty-six inches (24"
x 36"), that is not physically attached to the mobile food vehicle
and must be upon the same property as the mobile food operation is
taking place and only for the term of actual operations.
[Ord. No. 2021-31, 7-27-2021]
A.
Mobile food vehicles and mobile food vending equipment may operate at special events, so long as the mobile unit is located totally within the property owned, occupied, or leased by the operators of the special event. For purposes of this provision, as special event shall mean an event that has received a permit for such activity in conformity with Chapter 612 of the City's Code. Mobile food vehicles operate under the terms and conditions of the issuance of the special event permit for the times and place permitted. It is the responsibility of the official special event organizer to recruit, monitor, and control vendors present within their event space.
B.
Mobile
food vehicle operations, such as an ice cream truck, shall be allowed
to sell merchandise on a public right-of-way under the following conditions:
