1. Mobile Food Unit Permitting. It shall be unlawful for any person to engage in the sale of food or beverages to the public from a mobile food unit within the corporate limits of the City without first obtaining a mobile food unit permit from the City, in addition to any other State, federal, or County permits, certifications, and licenses.
A. A mobile food unit permit is an annual permit and shall be effective for one day, one week, six months, or one year following the date of issuance.
B. Each mobile food unit shall be permitted separately. Permits are non-transferable.
C. Although certain activities may be exempt from the permitting requirements of this chapter, any food service to the public in the City shall comply with all local, County and State requirements for health inspections, licensing, safety, and Fire Code requirements.
D. The following shall not require a Mobile Food Unit Permit:
(1) Mobile food units providing catering.
(2) Grilling and food preparation activities of brick and mortar establishments on the establishment’s premises for immediate consumption by patrons or employees.
(3) Concession stands associated with sports or recreational venues that have been approved as part of a site plan or permitted conditional use permit for the venue.
(4) A special event issued by the City Clerk’s office.
(5) Participants in a farmer’s market.
(6) A food or beverage establishment that is not stationary and is otherwise licensed under this chapter.
2. Permit Fee(s). At the time of submittal of a permit application, the applicant shall pay to the City Clerk’s office the applicable permit fee(s).
A. The amount of the permit fee(s) shall be determined in accordance with an established City of Adel Fee Schedule, which may be modified from time to time with approval of the Council.
B. Any permittee who surrenders their permit prior to the date of expiration shall not be entitled to a refund of any portion of the fee.
3. Mobile Food Units Permitting Application.
A. A separate Property Owner Consent Form is required for each location where a mobile food unit is operated. Conducting repeat service at one location on different days is allowable under a single permit.
B. Filing. Applications shall be filed with the City Clerk’s office. No application shall be accepted for filing and processing until it is complete with all required attachments and information and payment of the appropriate fees.
C. Timely Submittal. Unless otherwise provided herein, complete applications must be submitted to the City Clerk’s office not less than three (3) business days prior to the proposed start date of the mobile food unit activities. The City reserves the right to reject any applications that have not been timely submitted to the City Clerk’s office.
D. Applicant’s Responsibility. Receiving approval of a Mobile Food Unit Permit from the City Clerk’s office shall not preclude, supersede, circumvent, or waive the applicant’s responsibility to obtain any additional permits, licenses, and approvals for other applicable local, State, and federal regulations.
E. Application Fee. The application fee shall be paid by the applicant for the permit upon submission of the application. The application fee shall be nonrefundable. Fees can be found in City of Adel Fee Schedule.
F. Application Form. Application shall be made on a form provided by the City Clerk’s office.
G. Denial of Permit Application. If the application is found to be incomplete or not in compliance with this ordinance and other applicable laws and regulations, the City Clerk shall provide notification in writing to the applicant denying the application and providing reasons for the denial. Such notice shall be provided by regular mail.
H. Issuance of Permit. Upon completion of the review process and a determination of compliance with the applicable regulations, the City Clerk’s office will issue a Mobile Food Unit Permit.
I. Modification of Permit After Issuance. If a mobile food unit changes locations within the permitted time, it is the vendor’s responsibility to submit a new written consent of the property owner or lessee to use the property on which they propose to operate.
J. Transferability of Permit. Permits issued under this article are not transferable between individuals and businesses.
4. Right to Appeal. Any applicant whose application for permit was denied may appeal to the City Administrator within fourteen (14) days of the denial. As a result of this appeal, the City Administrator may affirm, modify or reverse the decision of the Clerk not to issue the permit. The City Administrator’s decision shall be provided to the applicant in writing, by regular mail. If the application for permit is denied, the applicant is not eligible for the issuance of a Mobile Food Unit Permit for a period of one year from the date of mailing of the notification that the permit application was disapproved.
5. Waiver of Requirements. The City Council reserves the right to waive or modify to a lesser requirement any provision or requirement of this chapter provided said waiver or modification does not adversely affect the intent of these regulations to adequately safeguard the general public and surrounding property. Exceptions will only be considered for those uses where special circumstances warrant a change and whereby the modification or waiver is determined to be in the best interest of the general public. A waiver request shall be submitted in writing to the City Council. The City Council may institute a reasonable time frame for any approved waiver.
(Section 122.19 – Ord. 392 – Jul. 23 Supp.)