1. “Commissary” means a licensed food facility regulated by a governmental entity where food is stored, prepared, portioned, packaged, or any combination thereof, and where such food is intended for consumption at another location or place from a mobile food unit or pushcart.
2. “Food establishment” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. For purposes of this chapter, “food establishment” does not include:
A. An establishment that offers only pre-packaged food that is non-potentially hazardous.
B. A product stand which sells only whole, uncut fresh fruits and vegetables.
C. An establishment operating in a farmers market if potentially hazardous food is not sold or distributed.
D. A residence in which food that is non-potentially hazardous is sold for consumption off-premises to a consumer customer provided the food is labeled so as to identify its preparer.
E. A private home that receives catered or home-delivered food.
F. Child care facilities or food establishments in hospitals or health care facilities which are subject to regulation by State agencies.
G. Supply vehicles.
H. Vending machines.
3. “Mobile food unit” means a motorized, self-propelled food establishment or a trailer or vehicle towed by a motorized vehicle, that is readily movable, and which typically operates at a remote location and returns to a base of operation or commissary at the end of its daily business. Mobile food units are considered Class IV mobile food units by the Iowa Department of Inspections and Appeals.
4. “Mobile food unit zone” means an area of governmentally-owned property that has been designated as a location upon which food units and push carts may sell or offer for sale for immediate consumption food or beverage.
5. “Potentially hazardous food” has the same meaning as provided in Chapter 137F of the Code of Iowa.
6. “Pushcart” means a single axle, non-motorized cart, with top-loading capability only.
No person shall sell or offer for sale or otherwise engage in business as a mobile food unit or pushcart within the City without having first obtained a license to operate as such. A mobile food unit license is a special license and is required in addition to any other required City business license or State license or permit the person may hold or be required to hold. A separate mobile food unit license is required for each mobile food vehicle or pushcart from which business is conducted in the City. Mobile food unit licenses are not transferrable or assignable. The license issuance shall be approved by the City Council by resolution. If said license calls for establishment or operation in a public park, then approval must be granted by the Parks and Recreation Board prior to approval by the City Council. The license fee shall be set be resolution by the City Council. Permits expire at the end of each calendar year.
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