A. Permits Required:
1. All vendors must have, and display for public view, the proper city permit(s) when operating a concession within the city limits.
2. A current Panhandle health department permit shall be continuously displayed in a conspicuous place on each mobile food concession, mobile food cart, and nonmobile concession which sells food and/or beverages, as may be required by Panhandle health department rules and regulations.
3. A separate application and permit shall be required for each individual concession operated by a vendor.
4. A vendor shall not be required to obtain an individual permit under this chapter if the concession is included as part of a special event which has a city permit covering concessions. This exception to the permit requirement shall apply only for the duration and at the location of the special event.
5. A vendor shall not be required to obtain a permit under this chapter for a limited duration private special event for which the vendor has been invited or hired to cater a family or neighborhood party, or other similar event. Provided, the vendor shall not remain at the location for longer than the duration of the event.
6. Permits are nontransferable and nonassignable.
7. Unless otherwise endorsed on the permit, a permit is valid for the calendar year in which it is issued and shall expire on December 31.
B. Classes Of Permits:
1. Class A: Mobile food concession.
2. Class B: Mobile food cart.
3. Class C: Nonmobile concession.
4. Class D: Mobile retail concession.
C. Application; Grant And Denial Of Permits; Appeal:
1. Prior to operating a concession, a vendor shall complete an application on a form provided by the city and file it with the city clerk. The application shall include the following:
a. If the vendor is an individual: his/her legal name, date of birth, telephone number, and address. If the vendor is a partnership: the legal name of the partnership and any DBAs under which the partnership does business, and the legal name, date of birth, telephone number, and address of each partner. If the vendor is a corporation: the legal name of the corporation and any DBAs under which the corporation does business, and the legal name, telephone number, and address of each of its officers and directors. The vendor shall notify the city of any change in such information within five (5) business days; and
b. If the concession is to be operated by someone other than the vendor on a regular basis, the legal name, date of birth, telephone number, and address for a responsible party to act as a point of contact for the city as to the day to day operations of the concession; and
c. The name, telephone number, and address of the owner of the parcel on which the concession will be located, and/or the name, telephone number, and address of the duly licensed mobile food court in which it will operate, if any. The vendor must also provide written proof of authorization to operate the concession on the parcel from the owner of said parcel or mobile food court. The vendor shall notify the city of any change in such information within five (5) business days; and
d. A description of the food, beverage, good, ware, merchandise, or service offered for sale or rent by the vendor; and
e. For a class A, B, or C permit:
(1) A letter or certificate of approval from Panhandle health district if required by the rules and regulations of the district; and
(2) Proof that all workers have a current Idaho food handlers certificate, if required by law; and
f. Proof of insurance for concessions operating on public property.
2. A mobile food concession may operate by moving about the city on a continuous basis utilizing city streets. A vendor operating in such a manner shall also provide, with the application under this chapter, the following for the vendor and any employees who will operate said mobile food concession:
a. The places of residence for the past five (5) years immediately preceding the filing of such application; and
b. A list of every crime involving a controlled substance, minors, violence, theft, or robbery of which the vendor or any employee has been convicted within the five (5) years prior to filing the application; and
c. Any information and fingerprints required by the city clerk which is necessary to obtain a criminal history from the Idaho state police and the federal bureau of investigation pursuant to Idaho Code section 67-3008 and congressional enactment public law 92-544. The vendor shall tender the fee required for the criminal history check(s) at the time the application is submitted.
No permit for a mobile food concession that will move about the city on a continuous basis, utilizing city streets, shall be issued to a vendor if the vendor, an employee or agent who operates or will operate the mobile food concession, or an active partner, officer, or director of the vendor, has been convicted of a crime involving a controlled substance, minors, violence, theft, or robbery within the previous five (5) years.
3. The city clerk shall grant a permit for a concession if the application is complete, the permit fee is paid, and the applicable standards set out in this chapter are satisfied.
4. The denial of a permit, whether a new permit or renewal of an existing permit, may be appealed to the city council by filing a written statement of the reasons for the appeal with the city clerk within ten (10) days of the denial. Should the vendor appeal, the city clerk shall notify the vendor of the time and place of the hearing. For good cause shown, the city council may affirm or reverse the decision to deny a permit, or it may reverse and impose reasonable conditions to assure compliance with this chapter.
D. Revocation Of Permit; Appeal:
1. The city clerk may revoke a permit for any violation as enumerated in subsection 5.75.080A of this chapter and, in addition, may order that no new permit shall be issued for up to three (3) years pursuant to the following procedures. In deciding to revoke or deny issuance of a permit, the city clerk shall consider the nature of the violation, whether the violation was intentional or merely negligent, the history of violation by the offender, whether there is a likelihood of continued violations, and any other factor deemed relevant to the purposes of this chapter.
2. In addition, the city clerk shall have the right to revoke any permit for a mobile food concession that will move about the city on a continuous basis, utilizing city streets, if it is discovered that the vendor, an employee or agent who operates or will operate the mobile food concession, or an active partner, officer, or director of the vendor had been convicted of a crime involving controlled substance, minors, violence, theft, or robbery within the five (5) years prior to submitting the application and who failed to disclose such information.
3. Prior to the revocation of any permit, written notice of the reasons for such action shall be served on the vendor in person or by certified mail at the address on the permit application. Revocation shall become final within ten (10) days of service unless the vendor appeals the action. The vendor shall make his appeal in writing to the city council within ten (10) days of the service of the notice of revocation.
4. Should the vendor request an appeal within such ten (10) day period, the vendor shall be notified in writing by the city clerk of the time and place of the hearing. Should an emergency exist and the chief of police or the fire chief certify that there is an immediate danger to life or health, the permit may be summarily revoked pending the notice and hearing herein provided. Otherwise, the filing of an appeal shall stay any revocation of a permit.
5. For good cause shown, the city council may affirm or reverse the decision to revoke a permit, or it may reverse and impose reasonable conditions to assure compliance with this chapter. (Ord. 3551, 2016)