CHAPTER 121: MOBILE FOOD VENDORS
Section
   121.01   Definitions
   121.02   Required compliance
   121.03   Mobile food vendors on city property
   121.04   Mobile food vendors on private property
   121.05   Submitting false information
   121.06   Mobile food vendor city decal permit fee and display
   121.07   Contents of decal permit
   121.08   Records
   121.09   Term
   121.10   General maintenance requirements
   121.11   Inspections
   121.12   Penalties, suspension, and revocation
§ 121.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CATERING TRUCK. A truck, van, or similar vehicle from which the vendor offers for sale foods and beverages that are prepackaged. It serves mostly manual labor type venues (example: construction sites).
   ICE CREAM TRUCK. A motor vehicle or trailer containing a commercial freezer and from which a vendor sells frozen prepackaged food products such as ice cream, frozen yogurt, frozen custard, flavored frozen water and similar.
   FAÇADE. The face of a building, especially the principal front that looks onto a street or open space. The boundaries of a FAÇADE are determined by drawing a line from the edges of the FAÇADE to the public right-of-way.
   FOOD TRAILER (CONCESSION STYLE). An attached or detached trailer, or similar device, that is equipped with facilities for preparing, cooking, warming, or selling various types of food products.
   FOOD TRUCK. An enclosed motor vehicle equipped with facilities for preparing, cooking and selling various types of food products.
   MOBILE FOOD VENDOR. Any person selling food from a mobile vehicle. This does not include a food trailer.
   MOBILE FOOD VENDOR VEHICLE. A self-contained, motorized vehicle mounted food service unit that returns daily to its base of operations as approved by DHEC and is used for either the preparation or the sale of food products, or for both.
   MOBILE MARKET FOOD TRUCK. An enclosed motor vehicle equipped with facilities for the sale of locally grown fresh produce. The produce sold is in its original form and has not been altered or cooked in any other way inconsistent with it coming fresh from the fields and/or gardens in which it was grown.
(Ord. 2019-08, passed 5-13-19; Am. Ord. 2020-21, passed 8-10-20)
§ 121.02 REQUIRED COMPLIANCE WITH DIVISION.
   (A)   It shall be unlawful for any person to engage in business as a mobile food vendor within the city without first obtaining a city business license and mobile food vendor decal to do so. Upon being granted a business license and mobile food vendor decal the vendor must comply with the affirmative mandates and must not violate the prohibitions regarding sales, operations, locations, and restrictions contained in this division. The failure to do so may result in the revocation or suspension of the business license and decal.
   (B)   At the time of application for a business license, the mobile food vendor must provide proof of general liability insurance. Failure to maintain this insurance will result in immediate revocation of the license.
   (C)   Each licensed mobile food vendor must maintain for patrons' use a litter receptacle of sufficient size to accept the litter being generated by the sales from the vendor's vehicle at the point of sales. The receptacle must be maintained in such a manner as to preclude an overflow of refuse. The city highly encourages recycling receptacles for recyclable material. Each vendor shall pick up litter which is associated with the vendor's sales in the vicinity of the vendor's mobile food vehicle prior to departing a sales location. A pattern of leaving excessive litter caused by product packaging shall be a basis of suspension or revocation of the business license.
   (D)   Mobile food vendors shall be limited to edibles and hot and cold beverages containing no alcohol. The selling of non-food or drink items shall be limited to merchandise displaying the mobile food vendor company logo and/or branding. No items may be displayed outside of the vehicle. All trash within the food vending area must be removed from the premises at the end of each day's business operation.
   (E)   The licensee must provide to the city, at time of application for a business license, proof of public liability insurance in the currently required amount by the state. Failure to maintain this insurance can result in immediate revocation of the license. All mobile food vendors must be self-contained and not utilize any outside power source unless approved by the city.
   (F)   Mobile food vendor shall prominently display the original South Carolina DHEC (Department of Health Environmental Control) food inspection report that shows a posted grade, unless exempt.
(Ord. 2018-22, passed 12-10-18; Am. Ord. 2019-08, passed 5-13-19; Am. Ord. 2020-21, passed 8-10-20)
§ 121.03 MOBILE FOOD VENDORS ON CITY PROPERTY.
   (A)   Food trucks, mobile market food truck within the TIF boundary on public property.
      (1)   Food trucks and mobile market food truck are prohibited from operations on any street, sidewalk, alley, trail, or other right of way or on any city owned property, including plazas and parks, unless operating under the approved guidelines within the TIF District.
         (a)   There can be no more than four total mobile food vendors in operation, per § 121.03(A)(1)(b), at the same time within the TIF District and only one operating in each quadrant of the TIF District. The quadrants are established by using the Pendleton Street railroad crossing at the center point to establish the four areas.
         (b)   Mobile food vendors may only park in city-owned parking spaces (not to exceed two spaces) and must serve to a curb or additional parking space. They may not set up with a service window facing traffic or the railroad.
         (c)   Because of concerns for pedestrian and traffic safety, no mobile food vendors (MFVs) shall operate on Main Street, East Main Street, West Main Street, North East Main Street, North West Main Street, or Pendleton Street.
            1.   In the northeast quadrant, MFVs shall not operate within 115 feet of an entrance to an eating establishment that is actively open for business and serving customers.
            2.   In the southeast quadrant, MFVs shall not operate within 115 feet of an entrance to an eating establishment that is actively open for business and serving customers. Two spaces will be designated and marked in the Easley Crossing parking lot. MFVs using these spaces will be allowed to pull forward or back in so that their tires are against the curb, even if the vehicle extends over the sidewalk.
            3.   In the southwest quadrant, MFVs shall not operate within 115 feet of an entrance to an eating establishment that is actively open for business and serving customers.
            4.   In the northwest quadrant, MFVs shall not operate within 115 feet of an entrance to an eating establishment that is actively open for business and serving customers.
         (d)   No signage may be placed in the public right-of-way that impedes pedestrian or vehicular traffic and may only be similar in style to a sandwich board sign that does not exceed 12 feet squared.
      (2)   Mobile food trucks and mobile market food trucks that are part of a permitted special event from out of town or out of state will not be required to obtain the mobile food vendor decal. They will be required to obtain the S.C. DHEC permit and pass the general maintenance requirements. No mobile food vendors shall be present in the designated food truck parking spaces during the farmers market unless permitted as part of the market.
      (3)   No mobile food vendor shall use any lighting, sound any device which produces an offensive or loud noise, or use any public address system on the vehicle to broadcast or advertise products.
      (4)   No mobile food vendor shall operate outside the hours of 7:00 a.m. to 11:00 p.m. However, a mobile food vendor may apply for additional authorization to operate after 11:00 p.m. but under no conditions later than 1:00 a.m. the following day. At the end of each business day's operation, the vendor shall remove from the parcel the mobile food vendor vehicle and all materials associated with the business.
      (5)   Catering trucks cannot serve to the general public.
      (6)   Mobile food vendors must adhere to the City Code §§ 94.30 et seq., "Smoking in Public Places and Places of Employment."
   (B)   Ice cream truck.
      (1)   Ice cream trucks must not operate within primarily downtown commercial areas, unless approved by the city as part of a permitted special event.
      (2)   In all locations outside of the primary downtown commercial area, ice cream trucks must remain mobile, except for periodic stops for short periods of time in order to make a sale.
(Ord. 2019-08, passed 5-13-19; Am. Ord. 2019-14, passed 8-12-19; Am. Ord. 2020-21, passed 8-10-20)
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