Editor's Note — As part of the editorial/legal review and conference of September, 2001, chapter 615 has been removed and left reserved for the future use of the city. Former chapter 615 derived from Code 1961 §§10-45 — 10-57; CC 1976 §§25-16 — 25-36; ord. no. 903 §§1 — 3, 2-10-65; ord. no. 2302 §1, 9-29-86. Subsequently Ord. No. 2021-13 set out the Mobile Food Vehicle provisions found herein.
[Ord. No. 2021-13, 8-9-2021]
MOBILE FOOD VEHICLE
A motorized vehicle (sometimes referred to as a "food truck") which may temporarily park in an area designated by this Chapter and engage in the service, sale, or distribution of ready-to-eat food for individual portion service to the general public directly from the vehicle upon issuance of a license by the Office of the City Clerk and conformance with the regulations established by this Chapter.
MOBILE FOOD VEHICLE VENDOR
The registered owner of a mobile food vehicle or the owner's agent or employee and referred to in this Chapter as "vendor."
[Ord. No. 2021-13, 8-9-2021]
The provisions of this Chapter apply to mobile food vehicles engaged in the business of cooking, preparing, and distributing food or beverage with or without charge upon or in public and private restricted spaces. This Chapter does not apply to ice cream vendors or sidewalk vendors.
[Ord. No. 2021-13, 8-9-2021]
A. 
It shall be unlawful for any person or entity (including, but not limited to, any religious, charitable, or non-profit organization) to operate a mobile food vehicle within the City of Overland without having obtained either a temporary mobile food vehicle vendor license or an annual mobile food vehicle vendor license for such purpose from the office of the City Clerk.
[Ord. No. 2022-14, 9-12-2022]
B. 
The license required by this Chapter shall be issued in accordance with Chapter 605, Licenses.
C. 
All mobile food vehicle vendor licenses issued under this Chapter shall be kept conspicuously posted on the vehicle at all times.
D. 
Any person or entity desiring to operate a mobile food vehicle shall make a written application for such license to the Office of the City Clerk. The application for a license shall be on forms provided by the City of Overland and shall include, in addition to the information prescribed by the Office of the City Clerk under Chapter 605, Licenses, the following:
1. 
The name, signature, phone number, email address, home address, and business address of the applicant, and the name and address of the owner if the applicant is not the owner of the business.
2. 
Three (3) prints of a full-face photograph, taken not more than thirty (30) days prior to the date of the application, of any person who will offer or sell any food or beverage under the mobile food vehicle license and special event permit applied for.
3. 
A description of the preparation methods and food product offered for sale, including the intended menu.
4. 
A description and photograph of the mobile food vehicle to be used, including the license plate and registration number, the vehicle identification number (V.I.N. number), year, make and model of the vehicle, and dimensions, which shall not exceed thirty-six (36) feet in length or nine (9) feet in width.
5. 
Copies of all necessary licenses and permits from St. Louis County.
6. 
The mobile food vendor shall provide motorized food truck vehicle insurance information [one million dollars ($1,000,000.00) liability insurance shall be provided]. The certificate of insurance shall name the City of Overland as an additional insured and indemnify and hold harmless the City of Overland and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advance written notice to the City.
E. 
A license fee is hereby levied upon mobile food vehicle vendors for each separate mobile food vehicle used pursuant to this Chapter. The fee for the license required and imposed under this Chapter shall be as follows and shall not be prorated.
Duration
Fee
One (1) Day
$10.00
Two (2) Day
$20.00
Annual License (12 Months)
$100.00
F. 
A separate license shall be obtained for each vehicle used by the mobile food vehicle vendor.
G. 
An annual license issued under this Chapter shall expire on December 31 of each year, unless suspended or revoked for cause, and shall not be assignable or transferable.
H. 
Any application for a mobile food vehicle license may be denied, and any mobile food vehicle license may be suspended or revoked for any of the following causes:
1. 
Fraud or misrepresentation contained in the license application.
2. 
Fraud or misrepresentation made in the course of operating the business.
3. 
Conduct that creates a public nuisance, or otherwise constitutes a danger to the public health, safety, welfare, or morals.
4. 
Conduct which is contrary to the provisions of this Chapter and Chapter 605.
5. 
Failure to comply with the provisions of this Chapter or any other applicable rules or regulations promulgated by the City of Overland.
[Ord. No. 2021-13, 8-9-2021]
A. 
No operator of a mobile food vehicle shall park, stand, or move a vehicle and conduct business within areas of the City of Overland where the license holder has not been authorized to operate. All mobile food vehicles shall operate in conjunction with a special event permit issued pursuant to Chapter 255, Special Events.
[Ord. No. 2022-14, 9-12-2022]
1. 
Any person seeking the issuance of a mobile food vehicle vendor license as herein required shall file an application with the office of the City Clerk, on forms provided by the City, no less than seven (7) days prior to the event.
B. 
All mobile food vehicles shall comply with the following requirements:
1. 
All equipment installed in any part of the vehicle shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn.
2. 
All utensils shall be stored to prevent being hurled about in the event of a sudden stop, collision, or overturn. A safety knife holder shall be provided to avoid loose storage of knives.
3. 
Compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters and similar equipment shall be installed so as to be accessible only from outside the vehicle.
C. 
The customer service area for mobile food vehicles shall be on the side of the truck that faces a curb, lawn or sidewalk when parked. No food service shall be provided on the driving lane side of the truck. No food shall be prepared, sold, or displayed outside of a mobile food vehicle.
D. 
No mobile food vehicle vendor shall provide or allow any dining area within ten (10) feet of the mobile food vehicle, including but not limited to table and chairs, booths, stools, benches, or stand-up counters.
E. 
Mobile food vehicle vendors shall, at all times, possess a valid St. Louis County peddler, solicitor, and street vendor license and a valid Health Department permit.
F. 
All mobile food vehicle vendors shall provide a waste container for public use which the vendor shall empty at its own expense. All trash and garbage originating from the operation of mobile food vehicles shall be collected and disposed of off-site by the operators at least each day and as often as is reasonable to protect the public health, safety, and welfare. Spills of food or food by-products shall be cleaned up, and no dumping of gray water within the City shall be permitted.
G. 
No mobile food vehicle shall make or cause to be made any public nuisance.
H. 
The sale of alcohol, by a vendor, is prohibited.
I. 
No mobile food vehicle shall sound or permit the sounding of any device which produces a loud and raucous noise or use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public.
J. 
Signage shall be limited to that located on mobile food vehicles and not more than one (1) separate freestanding sign, excluding freestanding menu boards. Free standing signs shall be placed in a manner not to obstruct pedestrian or vehicular traffic.
K. 
No vendor shall operate, conduct business, or have merchandise, equipment, or other materials visibly present on the property:
1. 
More than one (1) hour prior to the special event, but no earlier than 7:00 A.M.
2. 
More than one (1) hour following the special event.
L. 
No flashing or blinking lights, or strobe lights are allowed on mobile food vehicles or related signage when the vehicle is parked and engaged in serving customers.
M. 
Mobile food vehicles shall be parked in conformance with all applicable parking restrictions when parked on public streets.
N. 
Mobile food vehicles shall not, under any circumstances, stop, stand, or park a vehicle upon any street during the hours when parking, stopping, or standing has been prohibited by signs or curb markings or is prohibited by Statute or ordinance.
O. 
Mobile food vehicles shall not in any way restrict or interfere with the ingress or egress of the abutting property owner or tenant or otherwise hinder the lawful parking or operation of other vehicles.
P. 
Mobile food vehicles shall not increase traffic congestion or delay, or constitute a hazard to traffic, life or property, or an obstruction to adequate access to fire, police, or sanitation vehicles.
Q. 
Mobile food vehicles shall not stop, stand, or park upon any street, or permit the vehicle to remain in the roadway except when at the curb for the purpose of vending therefrom.
R. 
A vendor shall not operate a mobile food vehicle within five hundred (500) feet of any fair, festival, special event or civic event that has been approved by the City of Overland unless the vendor has been approved as a part of the event and issued a special event permit authorizing him or her to operate.
S. 
A vendor shall not operate on private property without first obtaining written consent from the affected property owner. A private property owner shall not permit parking by a mobile food vehicle until a mobile food vehicle license and a special event permit has been granted by the City.
T. 
Any power or fuel required for the mobile food vehicle shall be self-contained, and a mobile food vehicle shall not use utilities drawn from the public right-of-way. Mobile food vehicles on private property may use electrical power from the property being occupied or an adjacent property, but only when the property owner provides written consent to do so. All power sources must be self-contained. No power cable or equipment shall be extended at or across any City street, alley, or sidewalk.
U. 
Mobile food vehicles shall not operate within:
1. 
Fifteen (15) feet of any entrance-way to any building.
2. 
Fifteen (15) feet of any driveway entrance to a Police or Fire Station.
3. 
Fifteen (15) feet of any other driveway.
4. 
One hundred (100) feet of a crosswalk or intersection.
5. 
Fifty (50) feet of any bus stop sign.
6. 
Two hundred fifty (250) feet of an existing restaurant building during the hours when such restaurant is open for business.
V. 
The issuance of a mobile food vehicle license does not grant or entitle the vendor to the exclusive use of any street or parking space.
[Ord. No. 2021-13, 8-9-2021]
A. 
Any person who shall violate any provision of this Chapter shall be deemed guilty of an ordinance violation and shall, upon conviction, be punished as provided in Section 100.150 of this Code.
B. 
Any license issued under this Chapter may be revoked, suspended, or not renewed by the Office of the City Clerk for failure to comply with the provisions of this Chapter and any rules or regulations promulgated by the City of Overland.