City of Cassville, MO
Barry County
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Table of Contents
Table of Contents
[Ord. No. 1779, 12-11-2017]
To serve and protect the health, safety, and welfare of the general public. To establish a uniform set of rules and regulations that are fair and equitable. To provide economic development and opportunities to small entrepreneurs in the City. To promote stable vendors who will enrich the City's ambiance and be assets to the public security.
[Ord. No. 1779, 12-11-2017]
As used in this Chapter, the following terms shall have the meanings indicated:
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 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. 1779, 12-11-2017]
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. 1779, 12-11-2017]
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 Cassville without having obtained a license for such purpose from the City Clerk, unless it is for a temporary community event.
B. 
The license required by this Chapter shall be issued in accordance with Chapter 610 and a copy of the Barry County Health Department safe serve certificate shall be displayed.
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 City Clerk. The application for a license shall be on forms provided by the City of Cassville and shall include, in addition to the information prescribed by the City Clerk under Chapter 610, 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. 
A description of the preparation methods and food product offered for sale, including the intended menu.
3. 
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.
4. 
Copies of all necessary licenses and permits from Barry County.
5. 
Proof of general commercial liability insurance, in the amount of five hundred thousand dollars ($500,000.00) for all claims arising out of a single accident or occurrence and one hundred thousand dollars ($100,000.00) for any one person in a single accident or occurrence, issued by an insurance company licensed to do business in the State. Such insurance shall name the City as an additional insured certificate holder 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.
6. 
Copies of retail sales tax license. State, County and City sales tax must be charged and collected.
7. 
Written permission from property owner where vehicle will be parked, with original signature of the same.
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 a minimum sum of one hundred dollars ($100.00). All vendors receiving a license under this Chapter shall pay said license fee annually.
F. 
A separate license shall be obtained for each vehicle used by the mobile food vehicle vendor. If the original location of the mobile food truck changes, or the property owner of the existing location changes, the vendor must provide the City with the updated letter of permission from the new property owner. Failure to maintain current vendor information is considered a violation of the original permit.
G. 
A license issued under this Chapter shall be valid for a period of one (1) 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 610.
5. 
Failure to comply with the provisions of this Chapter or any other applicable rules or regulations promulgated by the City of Cassville.
[Ord. No. 1779, 12-11-2017]
A. 
No operator of a mobile food vehicle shall park, stand or move a vehicle and conduct business within areas of the City of Cassville where the license holder has not been authorized to operate. A letter of permission from property owner should accompany the permit application. In the event of a location change the mobile food truck shall inform City Hall with the new approval letter from the property owner.
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. 
When offering food for purchase, the mobile food vehicle and any associated seating are shall be located such that operations and patrons do not interfere with vehicular and/or pedestrian through traffic on either public streets or on private property. 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 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. 
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.
I. 
Signage is allowed when placed on mobile food vehicles and may utilize one (1) A-frame sign not exceeding seven (7) square feet being no more than two (2) feet wide and three and five-tenths (3.5) feet in height next to the mobile food vehicle during its business hours advertising its products or services.
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.
J. 
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.
K. 
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.
L. 
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.
M. 
When offering sales to the public, mobile food vehicles shall not stop, stand or park upon any street, or permit the vehicle to remain in the roadway.
N. 
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 Cassville unless the vendor has been approved as a part of the event authorizing him or her to operate.
O. 
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 has been granted by the City.
P. 
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.
Q. 
Mobile food vehicles shall not operate within:
1. 
Twenty (20) feet of any entranceway to any building;
2. 
Twenty (20) feet of any driveway entrance to a police or fire station;
3. 
Twenty (20) feet of any other driveway;
4. 
One hundred (100) feet of a crosswalk or intersection;
5. 
No vending shall be permitted within five hundred (500) feet of any school while school is in session and one (1) hour before and after school is in session.
R. 
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.
S. 
Grease, oil, and sand interceptors shall be provided when they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or other harmful ingredients. All interceptors shall be of a type and capacity approved by the Director of Public Works, and shall be located as to be readily and easily accessible for cleaning and inspection. Each mobile food vehicle shall keep current records of the dates the interceptors are cleaned/pumped and submit copies of these records to the Public Works Department.
T. 
The interceptor shall be routinely inspected by the owner or their representative to determine if cleaning/pumping is necessary. Public Works Department shall be permitted to inspect the interceptor when necessary to assure the cleaning/pumping frequency is adequate. The owner will comply with any notification by the Public Works Department of the need for cleaning/pumping the interceptor. Failure to comply will result in the suspension of the license.
U. 
All wastewater shall be dumped at the Cassville Wastewater Treatment facility during its normal business hours and a charge per gallon will be assessed.
[Ord. No. 1779, 12-11-2017]
A. 
Any person operating a mobile food vehicle in violation of any provision of this Chapter shall be subject to all other enforcement provisions of this Chapter.
B. 
Any license issued under this Chapter may be revoked, suspended or not renewed by the City Clerk for failure to comply with the provisions of this Chapter and any rules or regulations promulgated by the City of Cassville.