[Added 9-3-2019 by Ord.
No. 1454]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A vehicle or conveyance on wheels, either motorized or nonmotorized,
used to sell or serve food. "Mobile food unit" does not include a
vehicle which is used solely to transport or deliver food or a common
carrier regulated by the state or federal government.
Any natural person, firm, corporation, association, club,
partnership, society, or any other organization of every nature whatsoever.
Any person without a permanent place of business in the City
of St. Francis who engages in the business of selling or delivering
goods from or near a mobile food unit.
A.
Vendors must obey all traffic laws and regulations.
B.
All sales must be made on the public way (sidewalk or street) directly
from a mobile food unit.
C.
No vendor shall make any sales from a roadway median strip, safety
island or on foot into any street or roadway (including an alley)
where there is vehicular traffic.
D.
No vendors shall block or restrict an individual's access to a business
or residence and a minimum of five feet of clearance shall be maintained
on sidewalks for pedestrians.
E.
No vendors may park or sell within 300 feet of a school entrance
while the school is open to students except as part of a non-profit
or civic event being conducted on school grounds with the written
permission of such school.
F.
No vendors may stop or park to sell food from a vehicle on a public
street in a nonresidential block for more than four hours on any day
unless such parking is in compliance with all posted time limits on
parking and with all other applicable regulations.
G.
No person shall operate a mobile food unit on property within a public
park of the City unless authorized to do so by the Park Commission.
No person shall operate an outdoor food stand or mobile food unit
within 500 feet of any public park in which there is present a holder
of a concession agreement approved by the Park Commission or where
the City or any board, committee or commission thereof operates a
food stand or mobile food concession.
Food cannot be sold from a mobile food unit in the City between
9:00 p.m. and 6:00 a.m. This provision, however, does not apply on
January 1, Memorial Day, Juneteenth, July 3 and 4, Labor Day or where
the Park Commission has expressly granted different hours.
A.
Vendors shall obtain any and all necessary license(s) and permits,
including, but not limited to, the following, and the vendor shall
comply with the requirements of each such license and permit, which
shall be continuously displayed while operating within the City:
[Amended 9-15-2020 by Ord. No. 1469]
(1)
A Wisconsin seller's permit and food-related license issued by the
Health Department; and
(2)
A vendor permit applied for, issued and maintained in accordance with the procedures set forth in § 367-2D through I and sections applicable thereto; provided, however, that:
(a)
The permit issued shall be for a period of one year, terminating
on December 31;
(b)
Any vendor who obtains a permit under this section may employ
additional persons who shall work under and subject to the direction
of the vendor. Each such employee shall acquire identification from
the City Clerk/Treasurer, at a fee as provided by the current fee
schedule; and
(c)
This subsection and the permit herein required shall be subject
to the provisions of Wis. Stats. § 440.51, as the same relate
to disabled ex-soldiers of the United States.
B.
No vendors shall place coolers on the ground or provide chairs or
tables for customers.
C.
Vendors shall provide a trash receptacle of at least 32 gallons for
customer use.
D.
Vendors shall clean up the area within 1/2 block of their mobile
food unit by the removal of all food waste, garbage, trash and debris
in the vendor's own trash receptacle(s).
E.
No food waste or wastewater related to the operation of the mobile
food unit shall be disposed of into any storm drain, catch basin,
manhole, sidewalk or street.
F.
No food or beverage shall be sold in glass containers or glassware.
G.
Mobile food units are not permitted to use electrical connections.
Generators are permissible, provided that they are attached to the
mobile food unit.
H.
Food shall not be sold door-to-door.
I.
No vendors shall make any comment, request or proposal that is obscene,
lewd, lascivious, profane, filthy or indecent.
J.
No vendors shall use audio speakers or amplification in conjunction
with the operation of a mobile food unit.
K.
No minor under 12 years of age may participate in the activities
of a food peddler.
L.
Vendors who are interested in selling in any City park must obtain
prior consent from the Park Commission.
M.
Vendors who use a mobile food unit at a festival and want to offer
items or services for which they are not normally licensed (such as
grilling next to the unit) may be required to obtain additional licensing.
N.
A vendor with a permit for a carried container or pushed, pedaled
or pulled vehicle shall not use any type of horn.
O.
A vendor who sells food from a mobile food unit must have identifying
signs printed or affixed, in a prominent position, to two sides of
the vehicle or container. Each identifying sign shall include the
name of the business or vendor, a valid telephone number, and the
unique serial number, vehicle identification number, permanent unique
number or alpha identifier distinguishing the mobile food unit vehicle
or carried container in lettering not less than three inches high.
A.
Any person who shall cause, permit, or suffer any violation of the
provisions of this article shall, upon conviction, be subject to a
forfeiture of not less than $100 for each offense, plus statutory
costs and assessments.
B.
Each day of each violation constitutes a separate offense and is
subject to an additional forfeiture.
