[Ord. No. 1981, 8-17-2020]
As used in this Chapter, the following terms or phrases are
defined as follows:
The sale of individually portioned food from a mobile food
vendor.
A self-contained food service operation, located in a wheeled
motor vehicle or trailer, used to store, prepare, display or serve
food intended for individual portion service.
The period of time, including setup and closing, in which
a mobile food vendor is open and selling individually portioned food.
[Ord. No. 1981, 8-17-2020]
In accordance with the terms and provisions of this Chapter,
a mobile food vendor permit is required for mobile food vendors.
[Ord. No. 1981, 8-17-2020]
Application Fee. An application fee shall be required upon submittal of each mobile food vendor permit application, in accordance with the City's Schedule of Fees and Charges set forth in Section 605.110.
[Ord. No. 1981, 8-17-2020]
A.
Deadline.
A complete application shall be submitted at least seven (7) calendar
days prior to the requested start of use.
B.
Requirements.
The application shall set forth the following information:
1.
Name and/or brief description of the food vendor.
2.
Description of City services required for the vendor, if any.
3.
Applicable fees.
4.
Proposed location(s) of operation.
5.
Hours of operation, including dates and time.
6.
Public streets to be used.
7.
A site plan.
8.
Name and address of the owner(s) of the mobile food vendor.
9.
Written approval of the property owner, if applicable.
[Ord. No. 1981, 8-17-2020]
A.
Site
Standards.
1.
Mobile food vending shall only occur to the side facing the sidewalk
and away from the street when in the public right-of-way; and
2.
A mobile vending food truck may not be left unattended in a public
right-of-way, nor parked overnight in a public right-of-way; and
3.
No mobile food vendor shall have any exclusive or perpetual right
to any location upon the streets, alleys or public lands of the City;
and
4.
The size of a mobile food vending vehicle will in no way interfere
with the City's or public's use of any public right-of-way; and
5.
Mobile food vending is permitted in all zoning districts on private
property if:
6.
During operation, mobile food vendors shall be located at least one
hundred (100) feet from any restaurant, outdoor dining area, and other
establishment which sells or offers food (such as grocery store, amusement
park, lodging establishment, concession stand, etc.) unless permission
has been given by the property owner; and
7.
All measurements shall be made by the City from the closest point
on a mobile food vendor to the closest point on the relative building,
object or parcel boundary; and
8.
Mobile food vending shall not impair the normal, safe and effective
operation of a permanent use on the same site. Mobile food vending
shall not endanger or be detrimental to the public health, safety
or welfare or injurious to property or improvements in the immediate
vicinity of the vending, given the nature of the activity, its location
on the site and its relationship to it.
B.
Operation
Standards.
1.
Operations, including customer queues, shall not impede or hinder
vehicular and pedestrian traffic; and
2.
If directed by a Police Officer, or any other authorized public personnel,
operations may be suspended and a mobile food vendor may be ordered
to move, even if located in a mobile food vending zone, to avoid congestion
or impeding traffic; and
3.
Soliciting occupants of vehicles or advertising in any way that impedes
traffic is prohibited; and
4.
The use of outdoor sound amplifying equipment, lights, or any other
illuminated or noisemaking devices is prohibited, except for the lighting
of a menu attached to the side of the mobile food vending truck providing
only enough light for customers directly in front of or nearby the
menu to read; and
5.
The use of any equipment (chair, tables, signs, etc.) outside of
the truck, except for one (1) refuse container, is prohibited; and
6.
A refuse container must be available for use by customers when mobile
food vending occurs and the container shall be placed close to the
truck and not impede vehicular or pedestrian traffic; and
7.
Immediately upon cessation of the vending, the site shall be returned
to its previous condition, including the removal of all litter, or
other evidence of the vending. If the site is not returned to its
previous condition, the City may restore the site at the expense of
the applicant; and
8.
Mobile food vendors can operate with no limitations on days and hours;
and
9.
Vendors must at all times comply with all applicable legal and regulatory
provisions, including, without limitation, health code regulations.
[Ord. No. 1981, 8-17-2020]
A.
The
Director of Community Development or other designee appointed by the
City Administrator may approve any mobile food vendor permit after
determining that the vendor will comply with all mobile food vending
performance standards and application criteria and requirements.
B.
Appeal
Of Denial.
1.
The denial of any application by the Director shall be in writing.
2.
The applicant, in the event of a denial of a mobile food vendor permit,
and a permit holder, in the event of the revocation of a mobile food
vendor permit, shall have the right to appeal a decision of the Director
to the Board of Aldermen.
3.
Appeal To Board of Aldermen. Applicants denied a mobile food vendor
permit may appeal to the Board of Aldermen by filing such appeal with
the City Clerk, with full documentation supporting his or her application,
within ten (10) days of the denial.
4.
Schedule. Appeals shall be placed on the first available Board of
Aldermen meeting agenda for consideration.
5.
Board Of Aldermen Consideration. The Board of Aldermen action shall
be final and may include additional fees to cover the cost of providing
City services and/or any other conditions deemed necessary to protect
the general welfare of the City and the public.
C.
Prohibition
On Transfer. No mobile food vendor permit issued under the provisions
of this Section shall be assignable or transferable to any other person
or transferable to another location for the operation of mobile food
vending by that person or at a different location.
