(A) The purpose of this section is to regulate how mobile food vendors sell food and or non-alcoholic beverages to the general public within the corporate city limits.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MOBILE FOOD TRUCK. A motorized vehicle or pushcart that is designed and operated for the purpose of preparing and or selling food and or non-alcoholic beverages to the general public on a recurring basis and is to be readily moved.
PUSHCART. Any non-motorized piece of equipment from which a vendor prepares and or sells food and or non-alcoholic beverages to the general public on a recurring basis and is to be readily moved.
VENDOR. A person who hawks, peddles, sells or offers food for sale and profit. Churches, clubs and other not-for-profit organizations are specifically exempted.
(C) Permit required. It shall be unlawful for any mobile food vendor to sell, or offer for sale, any food or beverage without first obtaining a peddler's license pursuant to § 111.02 from the City Manager or his/her designee. This requirement shall be waived for mobile food vendors directly associated with city approved events.
(D) Permit application. Prior to the issuance of a permit, an application for peddler's license must be submitted and reviewed by the City Manager or his/her designee. The application shall be accompanied by proof of insurance and approval from the Granville County Health Department, proof of landowner permission, and an annual application fee of one hundred dollars ($100.00) for each mobile vendor. Each mobile food vendor shall also obtain an annual privilege license prior to operating.
(E) Permit suspension and revocation. Any food truck vendor's permit may be suspended or revoked for fraud or misrepresentation in the application for the permit or for conduct of the business in such a manner as to create a public nuisance or constitute a danger to the public health, safety or welfare or which is contrary to the provisions of this chapter.
(F) Operation requirements. Food truck and pushcart vendors shall operate under the following conditions:
(1) No food truck or pushcart vendors shall operate within three hundred (300) feet of any school, religious institution or cemetery, except during events of public interest per Article 15 of the Creedmoor Development Ordinance;
(2) Hours of operation shall be between the hours of 7:00 a.m. and 2:00 a.m. except for special events. The food truck must be removed after operating hours or event and must be stored in a legal location;
(3) Must be approved and permitted by the Granville County Health Department;
(4) Shall not be located within 100 feet from the main entrance of any restaurant during business hours unless authorized by a restaurant to be closer;
(5) Food trucks and pushcart vendors shall be parked on private property with the property owners permission and shall not be parked within any public street, right-of-way or sidewalk unless the street has been closed for a special event;
(6) Food truck and pushcart vendors are responsible for the proper disposal of waste and trash associated with the operation. City trash receptacles are not to be used for this purpose. Vendors shall remove all waste and trash from their location at the end of each day or as needed to maintain the health and safety of the public. The vendor shall keep all areas within ten (10) feet of the truck clean of grease, trash, paper, cups or cans associated with the vending operation. No liquid waste or grease is to be disposed into tree pits, storm drains or onto the sidewalks, streets or other public place. Under no circumstances shall grease be released into or disposed of in the city's sanitary sewer system;
(7) There shall be no audio amplifier or similar device to attract the attention of the public;
(8) Advertising consisting of business name, logo and items available for sale may be displayed on the food truck or pushcart. No other form of advertising shall be permitted;
(9) The food truck or pushcart owner or his/her designee shall be present at all times except in case of an emergency; and
(10) A privilege license must be obtained from the City of Creedmoor Finance Department prior to operating a food truck.
(G) Location. Food trucks and or pushcarts may operate within the AG, MS, MSP, CIV, C-56, C-15, and IND districts. Pushcarts operating in the MS District shall not operate or sell food upon any sidewalk.
(H) Penalty. Any person, firm or corporation violating the provisions of this chapter shall be guilty of a misdemeanor and punished as provided by G.S. § 14-4 and shall be fined two hundred dollars ($200.00) per day and shall be further subject to the provisions of G.S. 160A-175.
(Ord. 2014-O-05, passed 8-4-14)