[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:
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.
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.
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.
