A. Application And Review: Upon receipt of a mobile vending permit application, the community development director shall be responsible for promptly processing the application, including conferring with department heads and the applicant as necessary to implement the provisions of this chapter, and, when required by this chapter. Mobile and Seasonal permits may be approved administratively by the Community Development Director, provided that the application complies with this chapter. The Community Development Director shall have the authority to defer any application to the City Council.
B. Permit Denial: The city may deny an application for a mobile vending permit if it determines from a consideration of the application or other pertinent information, that:
1. The information contained in the application or supplemental information requested from the applicant is false or nonexistent in any material detail;
2. The applicant fails to supplement the application after having been notified by the city of additional information or documents needed;
3. The applicant fails to agree to abide or comply with all of the conditions and terms of the mobile vending permit and this chapter, including payment of all costs and expenses;
4. The mobile vending permit would substantially or unnecessarily interfere with traffic in the city, would interfere with access to the fire station or fire hydrants, or would interfere with access to businesses or residences in the immediate vicinity;
5. A location of the mobile vending unit will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right of way;
6. The mobile vending permit would likely endanger the public safety or health;
7. The mobile vending permit would substantially or unnecessarily interfere with police, fire, water, public works or other services to the city as a whole and there are not sufficient city resources to mitigate the disruption;
8. The applicant fails to comply with the liability insurance requirements or the applicant’s insurance lapses or is canceled;
9. The mobile vending permit would likely create or constitute a public nuisance;
10. The mobile vending permit would be likely to cause significant damage to public property or facilities;
11. The mobile vending permit would engage in or encourage participants to engage in illegal acts;
12. The applicant, responsible party or the person on whose behalf the application is submitted has on prior occasions made material misrepresentations regarding the nature and extent of mobile vending permit or has violated the terms of a prior mobile vending permit; or
13. A mobile vending unit used for seasonal vending has an exterior design, materials, and colors that are not complementary to the principal building and are inconsistent with the purpose and intent of the city’s architectural design standards for commercial property. (Ord. 2016-015, 5-3-2016; amd. Ord. 2021-018, 11-2-2021)