A. Permit applications shall expire on January 1 of each year. The permit is valid for the permittee only and is not transferable in any manner. The permit shall be valid only when used for approved locations, as allowed under the permit in compliance with the requirements of this chapter.
B. A mobile vending permit is valid for one mobile vending unit, which can be relocated to as many as ten (10) approved sites in the City. Each site shall be established with the mobile vending permit with permission in writing from property owners. A permit applicant may apply to amend their permit to revise locations provided that no more than ten (10) total locations are used during the calendar year. Revised permits shall be approved by City staff based on the requirements of this chapter.
C. A mobile vending unit may locate in the City’s Business Zoning Districts, including the C1, C2, OS, or I District, provided that the mobile vending unit is located at least two hundred feet (200') from a Residentially zoned or used property and at least three hundred feet (300') from a brick and mortar restaurant. The three hundred foot (300') setback may be waived by the City if the permittee furnishes written consent from the proprietor of the brick and mortar restaurant.
D. Collocating more than one separately licensed mobile vending unit on the same site may be allowed, provided the site is designed to accommodate multiple vending units.
E. Any two (2) or more separate, licensed, mobile vendors that receive approval for the same property, shall develop a specific plan/schedule to avoid any disputes as one vendor’s rights over another for locating mobile vending units on the site.
F. A mobile vending unit may locate at school sites or the Northland Arboretum with the permission of the property owner.
G. A mobile vending unit must locate on private property, on a paved surface, in a location that does not interfere with pedestrian or accessible routes, required parking, traffic circulation or emergency vehicle access on the site. Mobile vending units are prohibited within the public right-of-way.
H. A mobile vending unit may not locate at a given site for more than two (2) days per week. The mobile vending unit may locate on a given site only between the hours of eight o’clock (8:00) A.M. and twelve o’clock (12:00) midnight or close of business for the principal use on the property, whichever is earlier.
I. Providing or selling of merchandise or other retail items related to a mobile vending operation is prohibited.
J. The mobile vending area shall be kept clean by the permittee. Trash receptacles including leakproof, nonabsorbent containers shall be kept covered with tightfitting lids and provided in proximity to the mobile vending unit. The trash receptacles shall be maintained to avoid any littering in association with the use and properly disposed of. Each permittee is responsible for the disposal of trash left by customers.
K. A staff person, legally capable of moving the unit shall stay with the mobile vending unit at all times.
L. The use of seating, tents, canopies or umbrellas related to the mobile vending operation is prohibited. The exception is that a canopy that is attached to the mobile vending unit may be used to provide shade for the sales location.
M. The use of power cords or water hoses related to the mobile vending unit is prohibited. An exception includes the use of power cords that run from generator placed in the vicinity of the mobile vending unit to the mobile vending unit.
N. The City may require the use of bollards or other traffic or pedestrian flow devices, as needed to maintain safety.
O. The use of sound amplifying equipment, televisions or similar visual entertainment devices, lights, or noisemakers, such as bells, horns, whistles related to the mobile vending unit is prohibited. Exceptions include low volume use of a vehicle radio or other music that can only be heard at the mobile vending unit and televisions or other screens used in association with a menu board for the vending unit.
P. Other than lighting required for a vehicle or trailer, no lighting shall be used to light the mobile vending unit or the area around the mobile vending unit. Lighting shall not be used to attract attention to the mobile vending unit.
Q. A mobile vending permittee shall be allowed signage on any face of the mobile vending unit. The signage shall be secured flat against the mobile vending unit, not projecting more than six inches (6") from the exterior of the unit and no more than three feet (3') above the roof deck of the unit. No signage shall be placed on top of a roof deck of any mobile vending unit. Any menu boards shall be directly attached or inside of the mobile vending unit. No external freestanding signage or banners are allowed for the mobile vending operation. No inflatables, lights, or other attention attracting devices are allowed for the mobile vending operation.
R. At the time of the mobile vending permit, the owner shall submit a Best Management Practices plan to be reviewed and approved by the City Council that identifies how they will appropriately dispose of wastewater and FOG (fats, oils and grease).
S. A mobile vending unit may not have a drive-through.
T. A mobile vending permittee shall obey any lawful order of a police officer, traffic control agent, or regulatory services inspector to move to a different authorized location to avoid congestion or obstruction of parking lots, pedestrian trails, or adjacent streets.
U. No mobile vending unit shall be kept, stored, or maintained on a Residentially zoned property. No mobile vending unit shall be used as sleeping quarters in the City.
V. The mobile vending permit locations shall be compatible with the character of the surrounding neighborhood considering the possible creation of problems including noise, lighting, traffic, sanitation, congestion and other factors affecting the public health, safety and welfare of such areas in addition to compliance with all ordinances of this City and applicable statutes and regulations. (Ord. 2018-004, 4-3-2018; amd. Ord. 2021-018, 11-2-2021)