(A) Permits, licenses, and inspections required. It shall be unlawful and an offense for any person, firm, or organization to operate a mobile boutique without a license to do so issued by the city.
(1) Application for permit. An application form shall be obtained and remitted to the City Clerk. Application may be submitted by a mobile boutique operator or by a special event permit applicant on behalf of the mobile boutique operator. If a special event permit applicant applies for a permit on behalf of the mobile boutique operator, the special event permit applicant shall provide to the mobile boutique owner all relevant ordinances and requirements associated with the operation of a mobile boutique within the city. The application shall include the following information for the applicant and for any mobile boutique for which the applicant is obtaining a permit and such other information as the Clerk shall deem pertinent:
(a) Name of applicant;
(b) Address, both personal and business;
(c) Nature of business, what merchandise will be sold;
(d) Description, license number, and other identification of any vehicle to be used; and
(e) Copy of commercial general liability insurance and vehicle insurance policies.
(2) Other permits. Mobile boutique operators and property owners shall be responsible for identifying and obtaining all applicable permits and shall be responsible for conforming to all applicable city, county, state, and federal regulations.
(3) Mobile boutique site information. The property owner (or the owner’s authorized representative of a property containing a site where a mobile boutique will be located) or the mobile boutique operator must supply information prior to allowing a mobile boutique to operate on their property. The form shall include information that details where the mobile boutique will be located on the property along with the location of any refuse receptacle(s), restroom(s), vehicle parking, and any other pertinent information regarding the operation of the mobile boutique on the property. Authorization letters that limit the allowance of mobile boutiques to a specific type or type of merchandise will not be accepted. Any additional information, as may be deemed necessary by the city to thoroughly review the request, shall also be submitted as part of the permit application. Mobile boutiques shall not be set up in a way that limits public access through normally accessible routes.
(4) Public property site. To operate on public property, the applicant would need, in addition to the criteria contained herein, to obtain an approved special event permit and to name the city as “additionally insured” on the commercial general liability policy.
(5) Inspections. Mobile boutiques and their operation sites shall be inspected from time to time by appropriate city personnel. Mobile boutiques and operation sites shall immediately be made available for inspection upon the request of such city personnel.
(6) Permit fee. A fee to operate in the city limits shall be paid at the time the permit is issued. This fee will be in accordance with the official fee schedule as passed by resolution. The city shall waive the permit fee for a mobile boutique operator provided the mobile boutique is participating in an even for which a valid special event permit has been obtained. The special event permit holder shall provide to the city in writing a list of all mobile boutiques to which the fee waiver shall apply. Only mobile boutique permit applicants identified by special event permit holders will qualify for the fee waiver.
(7) Sales tax. Verification of applicable sales tax remittance history may be reviewed for compliance prior to issuing or renewing permits.
(8) Current information. This information must be kept current throughout the duration of the license. If any of the information included on the application for the license changes, the applicant must provide that information to the City Clerk. Failure to do so shall be a violation of this section and shall constitute grounds for revocation of the permit.
(B) Property owner authorization. Owners of a property on which a mobile boutique will operate shall provide written assurance to the Building Inspections Department the following.
(1) Restrooms. Restrooms located within a permanent building shall be provided for the use of the mobile boutique’s customers, operators, and employees. Such restroom(s) must remain open and available for use at all times during which the mobile boutique is situated on the operation site. No portable or temporary restrooms shall be allowed.
(2) Hours. Mobile boutiques shall only operate within the hours of 6:00 a.m. to 11:00 p.m.
(3) Acceptable locations (operations sites) for mobile boutiques.
(a) After all permits are issued, mobile boutiques may operate within any nonresidential zoning district, assuming all other location criteria contained herein are also satisfied.
(b) Mobile boutiques and their customers shall be prohibited from utilizing public rights-of-way for merchandise sales.
(c) Mobile boutiques shall be permitted to sell merchandise on nonresidential private property or public property as approved by special event permit. Said property must feature an area of sufficient size that is finished with a concrete or asphalt surface on which the mobile boutique may temporarily park and set up merchandise and provide sufficient open spaces for the parking of customers.
(d) Mobile boutiques must be parked, situated, and operated in a manner that does not restrict orderly and/or safe vehicular and/or pedestrian movements.
(e) Signage for mobile boutique vendors shall be limited to one sign less than 32 square feet located in the immediate vicinity of the mobile boutique and not within a public right-of-way or any location that would block traffic visibility.
(f) Portable or truck-mounted lighting shall only illuminate the immediate sales areas of the vehicle and shall not interfere in any way with traffic safety.
(Prior Code, § 110.036) (Ord. 1840, passed 12-12-2017; Ord. O-2023-16, passed 7-11-2023) Penalty, see § 110.999