§ 119.04  TYPES OF MOBILE VENDORS.
   The following mobile vendor operations shall, be licensed as set forth in this chapter:
   (A)   Outdoor food establishment: these are food services that are limited to serving coffee, snow cone, and other non-time-temperature control for safety foods i.e. non-hazardous.
      (1)   The seasonal food service establishment is limited to serving coffee and snow cones with use of liquid milk, raw fruits, raw vegetables, nuts in the shell, and S W commercially bottled syrup, sorghum, honey, sweet cider, and other non-time/temperature control for safety foods i.e. non-hazardous foods.
      (2)   These operations are restricted, to commercial and. industrial zoning districts.
   (B)   Mobile food establishment:MOBILE FOOD ESTABLISHMENT means a facility that prepares food and is vehicle mounted (is Department of Transportation road approved, including wheels and axles) and is readily moveable and remains at one physical address for no more than 12 hours at one time.
      (1)   These operations include all types of food preparation operations as identified and permitted, by the Rogers County Health Department.
      (2)   These operations must physically return to their commissaries daily for Health Department compliance, including but not limited to wastewater disposal, maintenance, cleaning, and the like. If food is prepared in mobile unit, then the commissary does not need to be licensed. When food is not prepared in the mobile unit, it must be prepared at a licensed commissary.
      (3)   These operations are not allowed under tents, canopies, balconies, or other similar types of structures.
      (4)   These operations must notify the city, in writing, as part of the application for license process, the following information:
         (a)   A schedule of times and locations for their operations;
         (b)   Location, street address, of their commissary;
      (5)   These operations are restricted to commercial and industrial zoning districts.
      (6)   Private property locations: if this service is to be located on private property for any time, prior written approval of the operation from the private property owner must be submitted to the city along with the application, and such, written permission must be posted on the carrier.
      (7)   Exception: during special events, mobile food establishments are exempt from the 12 hour maximum and daily return to commissary if set up for proper servicing.
   (C)   Temporary food service establishment:TEMPORARY FOOD SERVICE ESTABLISHMENT means a food service establishment where food is offered for sale or sold at retail from, a fixed, temporary facility in conjunction with a single event or celebration not to exceed the duration of the event or celebration for a maximum of three days.
      (1)   These operations require an on-site temporary event license from the Rogers County Health Department that is valid for three days.
      (2)   These operations must notify the city, in writing, as part of the application for license process, the following information:
         (a)   A schedule of times and locations for their operations;
      (3)   These operations are not allowed under tents, canopies, balconies, or other similar types of structures if preparing food by cooking, frying or other means.
      (4)   These operations are restricted to commercial and industrial zoning districts.
      (5)   Private property locations: if this service is to be located on private property for any time, prior written approval of the operation from, the private property owner  must be submitted to the city along with the application, and such written permission must be posted on the carrier.
   (D)   Mobile push cart food services:MOBILE PUSH CART means a non-self propelled food unit that can be manually moved.
      (1)   If this service is located in public right-of-way and relocates at intervals, it be no less than every four hours.
      (2)   These services may operate in locations including, but not limited to city right-of-way,
      (3)   These operations must physically return to a licensed commissary daily for Health Department compliance.
      (4)   Private property locations: if this service is to be located on private property for any time, prior written approval of the operation from the private property owner must be submitted to the city along with the application, and such written permission must be posted on the carrier at the site,
      (5)   These operations are restricted to commercial and industrial zoning districts.
      (6)   These operations performed inside commercial businesses such as hospitals, mall shopping centers, and the like are exempt.
   (E)   Seasonal outdoor sellers (non-food): these operations include retail sales of seasonal goods, products, wares, or merchandise e.g. Christmas trees, plant sales, fireworks, and the like as specified in the definition of “outdoor sellers” provided herein.
      (1)   These operations are restricted to commercial and industrial zoning districts.
      (2)   Private property locations: if this service is to be located on private property for any time, prior written approval of the operation from the private property owner must be submitted to the city along with the application, and such written permission must be posted on the carrier.
      (3)   The sale of fireworks is only allowed between the dates of June 15th and July 6th and the dates of December 15th and January 2nd.
(Ord. 2016-28, passed 6-20-16)