5.75.050: MOBILE CONCESSIONS ON PUBLIC PROPERTY; STANDARDS:
   A.   Public Streets:
      1.   As allowed by this section, the city clerk may issue a permit to a vendor of a mobile food concession, mobile food cart, or mobile retail concession for commercial activity on city streets. The city clerk shall base his/her decision on a consideration of parking needs, concurrent events, and the convenience and best interests of the public. Permits will be issued on a first come, first serve basis. Nothing herein shall be construed to limit the ability of the city to enter into a lease of city property pursuant to Idaho Code section 50-1409 for commercial activity.
      2.   Mobile food carts may operate on city streets under the following conditions and subject to the following standards:
         a.   The vendor must operate as part of a special event under a permit issued by the city to another entity.
         b.   A mobile food cart may operate at approved locations only from sunrise until sunset of each day, or at such other times as the permit may designate.
         c.   The vendor must possess a valid Idaho seller's permit.
         d.   The vendor must comply with title 15, chapter 15.24 of this code (the "Coeur d'Alene sign ordinance").
         e.   The vendor may not operate within one thousand two hundred feet (1,200') of a school during the dates that school is in session. For purposes of this section, a "school" is defined as a school operated by school district 271 or a private institution for learning which teaches children, but shall not include daycare centers.
         f.   A trash disposal container capable of holding all trash generated by the operation of the mobile food cart must be attached to the cart. The container shall be emptied periodically as necessary in order to ensure, at all times, public access to and use of the container. The vendor shall at all times keep the mobile food cart, and the area within ten feet (10') of it, free of litter, grease, and other debris which results from its operation.
         g.   The vendor must schedule a safety inspection by the fire department and meet the criteria on the fire department's mobile vendor safety sheet. At least one functional fire extinguisher approved by the fire department shall be available for the mobile food cart.
         h.   The mobile food cart shall not use city utilities or property including, but not limited to, picnic tables, benches, electrical power, garbage or trash containers, water, or sewer without written permission and payment of appropriate fees.
         i.   The method(s) of disposal of wastewater and grease must be approved by the wastewater utility prior to issuance of the permit.
         j.   The vendor must identify the source of potable water, if any, to be used.
         k.   No accessory seating or other appurtenances are allowed.
         l.   By applying for a permit, the vendor agrees to hold the city harmless from any injury or damage resulting from the operation of the mobile food cart, and shall carry workers' compensation insurance as may be required by Idaho law.
         m.   A mobile food cart shall not exceed four feet (4') in width by eight feet (8') in length by four feet (4') in height. If an umbrella or canopy is used, in no event shall the overall height of the cart, with the umbrella or canopy, exceed eight feet (8').
      3.   Mobile retail concessions may operate on city streets under the following conditions and subject to the following standards:
         a.   The vendor must operate as part of a special event under a permit issued by the city to another entity.
         b.   A mobile retail concession may operate at approved locations only from sunrise until sunset of each day, or at such other times as the permit may designate.
         c.   The vendor must possess a valid Idaho seller's permit.
         d.   The vendor must comply with title 15, chapter 15.24 of this code (the "Coeur d'Alene sign ordinance").
         e.   A mobile retail concession shall not operate within one thousand two hundred feet (1,200') of a school, during the dates that school is in session. For purposes of this section, a "school" is defined as a school operated by school district 271 or a private institution for learning which teaches children, but shall not include daycare centers.
         f.   A trash disposal container capable of holding all trash generated by the operation of the mobile retail concession must be provided by the vendor. The container shall be emptied periodically as necessary in order to ensure, at all times, public access to and use of the container. The vendor shall at all times keep the mobile retail concession, and the area within ten feet (10') of the concession, free of litter, grease, and other debris which results from its operation.
         g.   The vendor must schedule a safety inspection by the fire department and meet the criteria on the fire department's mobile vendor safety sheet. If tents will be used, the vendor must obtain a tent permit from the fire department. At least one functional fire extinguisher approved by the fire department shall be available for the mobile retail concession.
         h.   A mobile retail concession shall not use city utilities or property including, but not limited to, picnic tables, benches, electrical power, garbage or trash containers, water, or sewer, without written permission and payment of appropriate fees.
         i.   By applying for a permit, the vendor agrees to hold the city harmless from any injury or damage resulting from the operation of the mobile retail concession, and shall carry workers' compensation insurance as may be required by Idaho law.
         j.   The method(s) of disposal of wastewater and grease must be approved by the wastewater utility prior to issuance of the permit.
         k.   The vendor must identify the source of potable water, if any, to be used by the concession.
         l.   No accessory seating or other appurtenances are allowed.
      4.   A mobile food concession that moves about on a continuous basis may operate on city streets with a permit under the following conditions and subject to the following standards:
         a.   The mobile food concession may operate at approved locations only from sunrise until sunset of each day, or at such other times as the permit may designate.
         b.   The mobile food concession may vend only food or beverage products.
         c.   The vendor must possess a valid Idaho seller's permit.
         d.   The vendor must comply with title 15, chapter 15.24 of this code (the "Coeur d'Alene sign ordinance").
         e.   The vendor may not operate within one thousand two hundred feet (1,200') of a school, during the dates that school is in session. For purposes of this section, a "school" is defined as a school operated by school district 271 or a private institution for learning, which teaches children, but shall not include daycare centers.
         f.   A trash disposal container capable of holding all trash generated by the operation of the mobile food concession must be attached to the vehicle. The container shall be emptied periodically as necessary in order to ensure, at all times, public access to and use of the container. The vendor shall at all times keep the mobile food concession, and the area within ten feet (10') of the concession, free of litter, grease, and other debris which results from its operation.
         g.   The vendor must schedule a safety inspection by the fire department and meet the criteria on the fire department's mobile vendor safety sheet. At least one functional fire extinguisher approved by the fire department shall be available for the mobile food concession.
         h.   By applying for a permit, the vendor agrees to hold the city harmless from any injury or damage resulting from the operation of the concession.
         i.   The mobile food concession may not remain in one place for more than ten (10) minutes.
   B.   Public Parking Facilities:
      1.   Upon application and payment of the established fee, the city clerk may issue a permit for the operation of a concession in a city parking facility if the concession is directly related to an event in a city park, the parking lot is adjacent to the location of the event, and the concession has the approval of the event sponsor and parks director. A mobile food concession or mobile food cart permitted under this section must meet all of the following additional requirements:
         a.   A trash and garbage disposal container capable of holding all trash and garbage generated by the operation of the mobile food concession or mobile food cart must be provided by the vendor. The container shall be emptied periodically as necessary in order to ensure, at all times, public access to and use of the container. The vendor shall at all times keep the mobile food concession or mobile food cart, and the area within ten feet (10') of the concession, free of litter, grease, and other debris which results from its operation.
         b.   A mobile food concession or mobile food cart may operate at approved locations only from sunrise until sunset of each day, or at such other times as the permit may designate.
         c.   The vendor must schedule a safety inspection by the fire department and meet the criteria on the fire department's mobile vendor safety sheet. If tents will be used, the vendor must obtain a tent permit from the fire department. At least one functional fire extinguisher approved by the fire department shall be available for the concession.
         d.   A mobile food concession or mobile food cart shall not use city utilities or property including, but not limited to, picnic tables, benches, electrical power, garbage or trash containers, water, or sewer without written permission and payment of appropriate fees.
         e.   By applying for a permit, the vendor agrees to hold the city harmless from any injury or damage resulting from the operation of the mobile food concession or mobile food cart.
   C.   Waterways, Beaches, Natural Areas, Parks, Playgrounds, And Play Fields:
      1.   Commercial activities, or commercial enterprises with or without items for sale, are prohibited in city owned or controlled waterways, beach areas, natural areas, parks, playgrounds, or play fields, unless otherwise specifically authorized in this code or by contract with the city.
      2.   The city clerk, upon recommendation of the parks director, may issue a permit for concessions at designated locations in any city owned or controlled waterway, beach area, natural area, park, playground, or play field. The items or services to be sold, the size and location of concession stand, the hours of operation, the duration of use of the concession, and all other rules regulating the operation of the concession stand will be included in a rental or use agreement between the city and the vendor operating the concession.
      3.   Concessions operated by sponsors of activities or events in a city park shall comply with this chapter and with the provisions of subsection 4.30.020D of this code. (Ord. 3580, 2017)