A. Mobile food units shall have, and at all times maintain, all necessary licenses and permits from the Iowa Department of Inspections and Appeals as well as the City's required permits and licenses.
B. Mobile food units shall at all times operate in compliance with all applicable food, health and sanitation laws and shall comply with all Health Department regulations regarding food service, food storage and preparation, food handling and food cooking and shall have a valid inspection certificate or permit evincing Health Department inspection and approval on display and easily visible to the mobile food unit's or pushcart's patrons at all times in operation.
C. No mobile food unit or pushcart shall offer for sale or sell food and/or non-alcoholic beverage between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M.
D. No mobile food unit or pushcart shall operate in a manner that violates this Code concerning noise. A mobile food unit or pushcart operator shall not call out to, cry out, shout out or otherwise communicate or make any noise or use any device to call attention to his or her unit's or cart's location and operation if it violates this Code.
E. A mobile food unit or pushcart is responsible for keeping and maintaining the area around and within fifty feet (50') of the mobile food unit or pushcart neat, clean and free from trash, debris, garbage and other hazardous conditions at all times regardless of whether the trash, debris or garbage originated from the operation of the unit or pushcart or was left in the area by a pedestrian passersby or natural conditions. A mobile food unit or pushcart shall provide adequate trash receptacles for the public for all garbage from its operation and from the accumulation of garbage in the area around his or her unit or pushcart at all times the unit is in operation. At the close of its daily business the mobile food unit or pushcart must remove all garbage from the area and properly dispose of it away from the site of its operation. The garbage shall not simply be placed in nearby public garbage receptacles provided for use to the general public at large.
F. The license required by this chapter, the State Sales Tax permit and all licenses, permits, or certificates required to be displayed by State law, shall be posted on the mobile food unit or pushcart so as to be readily visible to all persons conducting business with the mobile food unit.
G. Mobile food units and pushcarts shall only offer single service food utensils such as cups, straws, knives, forks, spoons, stirrers, plates, bowls, wrappers, containers, and similar utensils, which shall be individually wrapped if usual, and kept in a clean place and only used once in the service of food and/or beverage.
H. No mobile food unit or pushcart shall be left at its operating location at the end of its business day and shall be removed to its base business operation location, unless associated with a multi-day event or festival.
I. No mobile food unit or pushcart shall conduct operations at a location or in a manner that hinders, impedes or restricts access to a pay phone, mail box, emergency call box, traffic control box, fire hydrant, entrance to a building or a driveway, or any other similar infrastructure.
J. A mobile food unit or pushcart operating on private property shall not encroach into any public sidewalk.
K. A pushcart and mobile food unit shall not violate parking regulations.
L. No mobile food unit or pushcart is allowed on the grounds of any school unless it has been invited to be there as part of a school authorized function.
M. The City reserves the right to move a mobile food unit or pushcart from any location if determined to be necessary for the provision of emergency or public services or in the interest of public safety, peace and welfare.
N. No mobile food unit or pushcart shall offer for sale or sell any liquor, beer, or wine from such unit.
O. When operating on City local right-of-way - City streets, parks, parking lots, and public spaces - mobile food units must acquire signed permission from all front, side, and back facing business owners and provide a copy of same to the City Clerk.
P. When operating on private property mobile food unit must acquire signed permission from business owner and provide a copy of same to the City Clerk.
Q. Mobile food units or pushcarts participating in a private party pursuant to invitation or contract on private, residential property hosted by the owner of the property, such as a graduation party, wedding reception, birthday celebration or similar event, are required to display proof of its authorization to operate in Iowa and required health inspection certificate. Mobile food units or pushcarts participating in a public celebration or special event hosted by a public body, community organization, charitable organization, patriotic organization, religious organization, educational institution or similar entity pursuant to invitation or contract must comply with the licensing provisions of this chapter and must display proof of its authorization to operate in Iowa and required health inspection certification.
R. Pushcart and mobile food unit vendors agree to indemnify and hold harmless the City from and against any and all loss, cost, damages or claims to persons or property, including property of the City, arising out of or claimed to have arisen out of the operation of a pushcart. In addition, pushcart vendors agree to defend, at no cost to the City, any such claims or lawsuits. The City may, at its option, join the defense of such claim or lawsuit without relieving the pushcart vendor from its obligations to indemnify, hold harmless and defend the City.
S. No pushcart or mobile food unit shall conduct business in areas of the City at which they are not permitted or authorized.
T. No pushcart or mobile food unit shall operate in a manner detrimental to City planning documents such as landscape, streetscape, PUDs/overlays, etc. (Ord. 09-18, 5-1-2018)