(a) Mobile food unit vendors shall be subject to and shall comply with all City of Danville business registration requirements and shall not be delinquent on any fees or taxes owed to the city. Mobile food unit vendors shall also comply with all federal, state, and local laws, rules and regulations including, but not limited to, Health Department and Fire Department laws and regulations.
(b) Mobile food unit vendors may operate in the following locations on right-of-way: 1) on the east side of South 2nd Street adjacent to Constitution Square; and 2) on the east side of North 4th Street adjacent to Weisiger Park (an “approved location”). The Codes Enforcement Department may from time to time regulate the number and location of mobile food units at an approved location, including by establishing parking spots and a reservation system. A mobile food unit vendor may only operate at an approved location for four (4) hours per day, between the hours of 8:00 a.m. and 9:00 p.m., and pursuant to advance approval by the Codes Enforcement Department. When operating at an approved location, a mobile food unit vendor shall not serve or sell a food item which is substantially similar to the primary food offering of a brick-and- mortar establishment within two hundred and fifty (250) feet of the approved location. Other than at an approved location, no mobile food unit vendors may operate without a temporary use zoning permit under section 5.3.3 of the Danville Zoning Ordinance.
(c) No mobile food unit shall be left unattended or allowed to park on public streets or sidewalks in the City of Danville overnight and any such mobile food unit left unattended or parked overnight may be towed or removed at the city’s discretion. All mobile food unit vendors shall promptly cease operations and remove the mobile food unit upon request by appropriate city officials. The mobile food unit, nor any inventory or equipment thereof, shall be left overnight upon any unenclosed portion of any lot or site within the city, except that it may be stored on property belonging to the owner of the mobile food unit in accordance with all other laws and regulations.
(d) Mobile food unit vendors shall only use lighting which is affixed to the mobile food unit and which does not cause any glare that creates a public hazard, nuisance or distraction to other vehicles or neighboring businesses. No flashing, strobe or neon lighting shall be permitted.
(e) Mobile food unit vendors shall supply their own electrical power and shall not connect to city power outlets.
(f) Mobile food unit vendors shall be equipped with at least one 2A-40 BC fire extinguisher; if fryers are used a 2A-40 BC, class K fire extinguisher; and if a gas generator is used a “propane leak detector”.
(g) The operator of any mobile food unit shall possess a valid driver’s license and shall provide that license upon request by any authorized city official.
(h) Mobile food units shall at all times operate in a manner that ensures the safety of patrons, pedestrians, and the public. All operations of authorized mobile food units shall serve customers only from the side of the mobile food unit that is parked abutting and parallel to the curb and from the side opposite of the flow of traffic. No mobile food units shall solicit drive-through service or solicit or make any sales to occupants of vehicles nor shall mobile food units operate in a manner to cause congestion that impedes pedestrian or vehicle traffic or interferes with the public use of any rights-of-ways, sidewalks or public benches. No tables, chairs or similar property shall be permitted on public property. No cords, cables or wire shall be attached to any part of the mobile food unit or trailer that cross any public sidewalk or street.
(i) The mobile food unit shall provide its own waste and recycling containers in sufficient size to collect all waste and recyclables generated by the mobile food unit. The operator of the mobile food unit shall remove all garbage, trash, papers, cups, cans or litter from the immediate area around the mobile food unit. No waste shall be disposed of in public waste receptacles. No hoses or drainage of grease traps or similar liquids shall be drained into any storm water drainage system and all such liquids shall remain on the mobile food unit until properly disposed.
(j) Mobile food unit shall be responsible for any damage to public property or public streets caused by the operation of the mobile food unit including, but not limited to, damage due to stakes, rods, or other support methods.
(k) Codes Enforcement Officers, fire department officers and police officers shall be authorized to inspect the permitted mobile food unit without notice and without consent during normal operating hours.
(l) Consent for mobile food units to operate on any city property other than an approved location shall be obtained from the City Manager or his or her designee prior to operating on such city property. The city may impose conditions for the approval of such requests as it deems necessary for health and safety and to mitigate the impact of vending that conflicts with city operations. The city has the authority to limit or prohibit such operation on other city properties.
(m) Mobile food unit vendors shall not sell or serve alcoholic beverages except under the applicable state and local license.
(n) The city may grant relief from the above provisions pursuant to an approved special event permit. During special events, no mobile food unit shall occupy any permitted special event location without the consent of the management of the special event.
(Ord. No. 2005, § 1, 12-19-22; Ord. No. 2010, § 1, 4-24-23)