(A) Mobile food units shall have, and always maintain, all necessary licenses and permits from the State Department of Inspections and Appeals as well as the city’s required permits and licenses.
(B) Mobile food units shall always operate in compliance with all applicable food, health and sanitation laws and shall comply with all Health Department regulations regarding food service, food storage and preparation, food handling and food cooking and shall have a valid inspection certificate or permit evincing Health Department inspection and approval on display and easily visible to the mobile food unit’s or pushcart’s patrons at all times in operation.
(C) No mobile food unit or pushcart shall offer for sale or sell food and/or beverage between the hours of 12:00 a.m. and 6:00 a.m., unless special written permission is given by the City Council or City Administrator.
(D) No mobile food unit or pushcart may operate in the right-of-way established by the city absent of the premises obtaining permission from the City Council.
(E) No mobile food unit or pushcart shall operate within a city park or on public property, unless invited by an authorized person to participate in an authorized event.
(F) A mobile food unit or pushcart shall not call out to, cry out, shout out or otherwise communicate or make any noise or use any device to call attention to his or her unit’s or cart’s location and operation.
(G) A mobile food unit or pushcart is responsible for keeping and maintaining the area around and within 50 feet of the mobile food unit or pushcart neat, clean and free from trash, debris, garbage and other hazardous conditions at all times, regardless of whether the trash, debris or garbage originated from the operation of the unit or pushcart or was left in the area by a pedestrian passersby or natural conditions. A mobile food unit or pushcart shall always provide adequate trash receptacles for the public for all garbage from its operation and from the accumulation of garbage in the area around his or her unit or pushcart while the unit is in operation. At the close of its daily business, the mobile food unit or pushcart must remove all garbage from the area and properly dispose of it away from the site of its operation; the garbage shall not simply be placed in nearby public garbage receptacles provided for use to the public at large.
(H) The license required by this chapter, the state sales tax permit and all licenses, permits or certificates required to be displayed by state law shall be posted on the mobile food unit or pushcart to be readily visible to all persons conducting business with the mobile food unit.
(I) Mobile food units and pushcarts shall only offer single service food utensils, such as cups, straws, knives, forks, spoons, stirrers, plates, bowls, wrappers, containers and similar utensils, which shall be individually wrapped if usual, and kept in a clean place and only used once in the service of food and/or beverage.
(J) No mobile food unit or pushcart shall be left at its operating location at the end of its business day and shall be removed to its base business operation location, unless invited to stay for an authorized city event.
(K) No mobile food unit or pushcart shall conduct operations at a location or in a manner that hinders, impedes or restricts access to a payphone, mailbox, emergency call box, traffic control box, fire hydrant, entrance to a building or a driveway.
(L) A mobile food unit or pushcart operating on private property shall not encroach into any public sidewalk or public right-of-way. All private property owners allowing mobile food units on property must notify the city as having a mobile kitchen for public safety purposes.
(M) No mobile food unit or pushcart is allowed on the grounds of any public or municipal property, unless it has been invited to be there as part of an authorized function.
(N) The city reserves the right to move a mobile food unit or pushcart from any location if determined to be necessary for the provision of emergency or public services or in the interest of public safety, peace and welfare.
(O) No mobile food unit or pushcart shall offer for sale or sell any liquor, beer or wine from such unit.
(P) The city has the right to grant or deny any applications at its sole discretion.
(Q) The City Council or City Administrator has the right to waive the license fee for a non-profit group for a single event.
(Ord. 2023-01, passed 1-9-2023)