(a) No person, firm, partnership, corporation, or other entity shall operate a mobile food unit in the City of Danville without obtaining a mobile food unit vendor permit, respectively, issued by the City of Danville Codes Enforcement Department. Each mobile food unit shall require a separate permit (a vehicle pulling a trailer constitutes one mobile food unit).
(1) The Codes Enforcement Department may issue a permit based on the following criteria:
a. Impact on local economy.
b. Impact on public health and safety.
c. Impact on transportation and traffic.
d. Completeness of the application and accuracy of information provided.
e. Compliance with the terms of this chapter and other city, county, state, and federal laws, ordinances, rules, and regulations.
f. Outstanding delinquent accounts or liabilities, if any, to the city.
g. The existing number of mobile food unit permits operating in the city.
h. If demand exceeds appropriate and available space.
(2) Each permit will be valid for a twelve (12) month calendar period beginning on January 1 of each year unless suspended or revoked. Upon approval of the permit application, the mobile food unit shall be issued a unique colored coded sticker for calendar year and this sticker shall be affixed to the mobile food unit in a publicly visible location. Mobile food unit vendors shall renew permits with the city prior to the end of any twelve (12) month term and shall be in compliance with the provisions of the subchapter prior to being issued a renewal permit.
(3) The provisions of this chapter shall not apply to mobile food units owned by an educational institution and utilized on its campus; however, in the event said mobile food unit is moved off of the educational institution’s campus, the provisions of this chapter shall apply.
(b) The mobile food unit permit application shall be submitted with annual fee of $300 along with the name, business address and contact information for the applicant, with credit being given for the cost of a business license that was previously obtained by the applicant. Any permit issued on or after July 1 of any calendar year shall pay a permit fee of $150 for the remainder of that year. The application shall also include a copy of the City of Danville’s business registration and documentation showing that the mobile food unit has been inspected and approved by the City of Danville Fire Department and the Boyle County Health Department, if applicable.
(c) By submitting a permit application, each mobile food unit vendor issued a permit agrees to hold the City of Danville and its officials, officers, and employees harmless and to indemnify and defend the city against all claims, damages, losses, and expenses, including attorney’s fees, resulting from the permitted activity. Each mobile food unit vendor also agrees to indemnify and hold harmless the City of Danville and its officials, officers, and employees for bodily injury, disease, or death, or injury to or destruction of property, including the loss of use therefrom and/or breach of contract that is not caused by any negligent act or omission of willful misconduct of the city or its officials, officers, and employees acting within the scope of their employment.
(d) The granting of a permit under this section shall not constitute a property interest or right in any city-owned property, including but not limited to city rights and sidewalks. Any permit granted herein does not provide a mobile food unit vendor or mobile food unit exclusive rights to any public property or parking space.
(Ord. No. 2005, § 1, 12-19-22; Ord. No. 2010, § 1, 4-24-23)