[Ord. No. 2886, 6-21-2021]
The purpose of these regulations is to provide a set of standards
for the location and use regulations for mobile food vendors within
the Higginsville City limits. The intent of these regulations is to
protect the public health, safety and community welfare, while allowing
mobile food vendors to conduct business within the City limits.
[Ord. No. 2886, 6-21-2021]
Definitions of terms relating to mobile food vending trucks,
trailers, and carts:
The act of selling food and/or beverages by operating a mobile
food truck, a mobile food cart, or a mobile packaged food delivery
truck.
A non-self-propelled vehicle or stand limited to serving:
a) commissary-wrapped food maintained at proper temperatures; or b)
limited to the preparation and serving of hot dogs or similar sausages.
An enclosed vehicle, truck or trailer licensed to operate
on public streets and rights-of-way in which a person travels from
place to place to serve food or beverages.
An enclosed vehicle or truck licensed to operate on public
streets or rights-of-way in which a person travels from place to place
to deliver packaged food.
Those locations selling food or beverages in connection with
a single residential dwelling, when the same is offered by a resident
of the dwelling or their designated agent, for a period not to exceed
twelve (12) hours, and not occurring more than two (2) times per week.
The seasonal sale to the general public of locally grown
produce within City limits on private property.
[Ord. No. 2886, 6-21-2021]
[Ord. No. 2886, 6-21-2021; Ord.
No. 3014, 8-21-2023]
No mobile food truck vendor shall carry on business within the
City in any temporary location for more than eight (8) days total
in any 12-month period, beginning July 1st, except as specified in
these regulations. For purposes of this Section, any operations during
a twenty-four-hour period shall count as one (1) day of operations.
No mobile food vendor license is required during: Higginsville Country
Fair (Friday and Saturday only), Higginsville Fourth of July Festivities,
Higginsville Christmas Parade, Higginsville Rodeo, Higginsville Farmer's
Market, any Higginsville Chamber of Commerce-Sponsored Event, any
Lafayette County C-1 or other Higginsville school sponsored event,
or any church-sponsored event, not to exceed eight (8) times per calendar
year. All other requirements, such as Lafayette County Health Department
licensing and inspections, listed in this Section shall remain in
full force and effect.
[Ord. No. 2886, 6-21-2021]
A.
Applicants
for a license under this Section, shall file a written sworn application
signed by the applicant, if an individual, by all partners, if a partnership,
and by the president if a corporation, with the City Collector, showing:
1.
The name of the person having the management or supervision of an
applicant's business during the time that it is proposed that it will
be carried on in the City;
2.
The local address of such person while engaged in such business;
3.
The permanent address of such person;
4.
The capacity in which such person will act, that is, whether as proprietor,
agent or otherwise;
5.
The name and address of the person for whose account the business
will be carried on, if any; and if a corporation, under the laws of
what State the same is incorporated;
6.
The general description of place or places in the City where it is
proposed to carry on the applicant's business, and the length of time
during which it is proposed that such business shall be conducted;
7.
Proof of current vehicle licensing, registration, and food truck
vehicle insurance shall be submitted with the application.
B.
Every
applicant for a license required by this Section shall file with the
City Collector proof of a liability policy covering the applicant's
business with at least twenty-five thousand dollars ($25,000.00) in
public general liability coverage.
[Ord. No. 2886, 6-21-2021]
At the time of application, the applicant for a license as mobile
food vendor shall submit a licensing fee of thirty-five dollars ($35.00)
to the City Collector.
[Ord. No. 2886, 6-21-2021]
Mobile food vendors shall conform to and meet all applicable
local, State and Federal laws, including, without limitation, building
and fire codes related to their equipment and operations, and applicable
health regulations.
[Ord. No. 2886, 6-21-2021]
A.
In
carrying on business within the City of Higginsville, all mobile food
vendors shall adhere to the following operational standards:
1.
A motorized food truck vendor shall only sell food and beverages.
The vendor is prohibited from selling alcohol and/or beer. Beverages
shall be dispensed in cans, plastic bottles, or paper/plastic cups
only (no glass). All products offered for sale for public consumption
will comply with all Federal, State and local standards for health
and safety.
2.
No food vending truck/trailer/cart may be located within one hundred
fifty (150) feet of an established restaurant or another existing
food vending vehicle. (Special events such as the Country Fair excepted.)
3.
No mobile food vendor shall operate except in a commercial or industrial business zone or district within the City of Higginsville, as set forth in Chapter 410 of this Code of Ordinances, with the exception of church property.
4.
All licenses held hereunder shall be posted and clearly visible upon
the location or conveyance where sales are conducted.
5.
No mobile food truck/cart business location may be set up within the sight triangle on any corner lot as set forth in Section 410.390.
6.
No mobile food truck/cart business location may be set up within
fifteen (15) feet of any driveway or crosswalk.
7.
No mobile food truck/cart business location may impede or obstruct
the free flow of traffic in any parking lot or right-of-way.
8.
No mobile food truck/cart business location may be set up so as to
obstruct the clear view of any traffic sign or signal.
9.
No mobile food truck/cart business location is allowed on a public
sidewalk or pedestrian way, unless a four-foot wide sidewalk or pedestrian
way is maintained free of obstruction and congestion.
10.
No light of any kind shall be cast upon any property located in a
residential district, or upon public right-of-way by the license holder.
11.
No food truck/cart business location shall be located within the
travel lane of any street.
12.
Mobile food truck/cart business must be located on paved or graveled
surface.
13.
The mobile food truck/cart vendor must have the permission of the
property owner, when on private property.
14.
Mobile food truck/cart business can locate within a City-owned park
with the written authorization of the Parks and Recreation Department.
15.
Mobile food truck/cart business shall not cause undue traffic congestion
or accident potential given anticipated attendance and the design
of adjacent streets, intersections, parking and traffic controls.
16.
Mobile food truck/cart business shall not cause a shortage of parking
for the primary use on the property on which they are located. Mobile
food vending shall not create a shortage of parking for uses on properties
surrounding the property on which they are located.
17.
No spikes, nails, anchors or other devices shall be driven into any
public street, sidewalk, right-of-way, or traffic control devices.
18.
The mobile food truck/cart business shall not generate excessive
noise, dust, smoke, litter, glare, spillover lighting or other forms
of environmental or visual pollution.
19.
Signs related to the mobile food truck/cart business shall be limited
to signs that are affixed to the vehicle and one (1) sandwich board
sign in immediate proximity of the unit or truck while it is in operation
at that location.
20.
Immediately upon cessation of the mobile food truck/cart business,
the site shall be returned to its previous condition, including removing
all litter and food packaging waste from the premises, or other evidence
of the mobile food vending, mobile food truck/cart business.
21.
All posted time limits for parking or standing shall be observed.
22.
A mobile food truck/cart business shall operate all aspects of the
business (cooking, sales and supplies) within the truck and shall
not distribute food samples or dispense other items outside of the
truck.
23.
A mobile food truck/cart business shall not play amplified music.
24.
A mobile food truck/cart business shall not idle while serving food
unless its operation is essential to producing the product sold.
25.
A mobile food truck/cart business shall provide, at the vendor's
expense, all equipment necessary to provide the items for sale in
the conduct of the business.
26.
All equipment used shall be in a self-contained unit. No storage
area, water, electric or other utility will be supplied by the City.
27.
Every mobile food truck/cart business shall indemnify and hold harmless
the City of Higginsville for all suits or actions brought against
the City for or on account of any injuries or damages received or
sustained by any party or parties for or from the said vendor.
[Ord. No. 2886, 6-21-2021]
A.
Licenses
issued pursuant to this Chapter may be revoked by the City Administrator
or their designee, after notice and hearing, for any of the following
causes:
1.
Any fraud, misrepresentation or false statement contained in application
for the license;
2.
Any fraud, misrepresentation or false statement made in connection
with the selling of goods, wares or merchandise;
3.
Any violation of this Chapter;
4.
Conviction of or plea of guilty to any crime or misdemeanor involving
moral turpitude by the licensee;
5.
Conducting the business licensed under this Chapter in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
B.
Notice
of hearing for revocation of a license shall be given in writing,
setting forth specifically the grounds of the complaint and the time
and place of the hearing. Such notice shall be mailed to the licensee
at his/her last known address, at least ten (10) days prior to the
day set for the hearing.
