A. Separate License; Eligibility:
1. A mobile food vendor that has more than one mobile unit shall have a separate license for each unit.
2. With the exception of growers who are selling only their own fruits and vegetables, applicants must have a valid license from the Oklahoma State Department of Health.
B. Application; Fee:
1. Application: Every application for a mobile food vendor license shall be in writing, signed and sworn to by the applicant, and shall be filed with the City Clerk. The application shall be on a form provided by the City Clerk and shall contain the following:
a. If the applicant is an individual, the name, date of birth, telephone number and address of the applicant; if a partnership, the business name of the partnership and the name, date of birth, telephone number and address of each partner; if a corporation, the names, telephone numbers and addresses of its principal officers and the names, telephone numbers and addresses of all directors thereof.
b. The names under which the applicant has engaged, does engage and proposes to engage in food service.
c. Proof that the food service establishment is licensed by the Oklahoma Department of Health.
d. Copy of Oklahoma Sales Tax permit except for growers of farm, orchard, or garden products sold directly to the consumer when the products are sold where grown.
2. Fee: Applications shall be accompanied by the appropriate fee, as set out in subsection 2-6B-8D of this Code.
C. Types Of Mobile Food Vendors; Additional Restrictions:
1. Mobile Food Sales:
a. Includes:
(1) Mobile food service establishments (food trucks).
(2) Mobile retail food service establishments.
(3) Pushcarts.
(4) Pedal carriers.
(5) Temporary stands.
b. Geographical And Other Restrictions:
(1) Authorized on private property in commercial and industrial zones.
(2) Licensee shall not sell within one hundred feet (100') of any public or private school during school hours or during school related events except when authorized in writing by said school.
(3) Licensee shall not sell within one hundred feet (100') of the entrance to a stationary business establishment which is open for business and is offering for sale the same or similar product as an item offered for sale by the licensee unless authorized in writing by said stationary business establishment.
(4) Licensee shall not sell within one hundred feet (100') of a restaurant, cafe or other stationary eating establishment which is open for business unless authorized in writing by the stationary eating establishment.
(5) Licensee shall not sell within one hundred feet (100') of a public park where a City authorized concession stand is located while the concession stand is open for business unless authorized in writing by the City.
(6) Licensee shall not sell within one hundred feet (100') of a special event on public property unless licensee is taking part in the special event.
(7) Drive-through/drive-by service and seating are not authorized.
(8) Garbage receptacles shall be provided for customer use. Licensee shall be responsible for cleaning all of the public way surrounding the licensee's location of all debris, trash and litter generated by the vendor's activities at that location.
c. Motorized Vehicles:
(1) Shall be enclosed with top and sides.
(2) Interior walls, floor, ceiling and counters shall be of smooth, durable material, capable of withstanding repeated washing and scrubbing.
(3) Shall be kept well painted, in good repair, and in good sanitary condition.
(4) Shall not be used for any other purpose.
d. Special Events: Licensees taking part in a special event on public property must comply with the special event ordinance, title 1, chapter 15 of this Code. No additional cost will be assessed.
2. Mobile Prepackaged Food Sales:
a. Includes:
(1) Motorized vehicles.
(2) Trailers.
(3) Pushcarts.
(4) Pedal carriers.
(5) Temporary stands.
b. Geographical And Other Restrictions:
(1) Authorized on private property in agricultural, commercial and industrial zones.
(2) Authorized in residential zones between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. Applicants and employees of vendors that cater to children such as ice cream trucks shall not have been convicted of any violent crime or a crime which requires sex offender registry.
(3) Licensee shall not sell within one hundred feet (100') of any public or private school during school hours or during school related events except when authorized in writing by said school.
(4) Licensee shall not sell within one hundred feet (100') of the entrance to a stationary business establishment which is open for business and is offering for sale the same or similar product as an item offered for sale by the licensee unless authorized in writing by said stationary business establishment.
(5) Licensee shall not sell within one hundred feet (100') of a restaurant, cafe or other stationary eating establishment which is open for business unless authorized in writing by the stationary eating establishment.
(6) Licensee shall not sell within one hundred feet (100') of a public park where a City authorized concession stand is located while the concession stand is open for business unless authorized in writing by the City.
(7) Licensee shall not sell within one hundred feet (100') of a special event on public property unless licensee is taking part in the special event and holds a special event vendor permit.
(8) Drive-through/drive-by service and seating are not authorized.
(9) Garbage receptacles shall be provided for customer use. Licensee shall be responsible for cleaning all of the public way surrounding the licensee's location of all debris, trash and litter generated by the vendor's activities at that location.
c. Temporary Stops: Licensees may make temporary stops to sell food or beverages on the public right-of-way. Such stops shall last no longer than ten (10) minutes, shall not impede the normal flow of traffic and shall not constitute a traffic hazard. No customer shall be served on the street side of the vehicle.
d. Special Events: Licensees taking part in a special event on public property must comply with the special event ordinance, title 1, chapter 15 of this Code. No additional cost will be assessed.
D. Mobile Food Vendor Food Court:
1. Separate License Each Location: A mobile food vendor food court owner that has more than one location shall have a separate license for each location.
2. Application; Fee:
a. Application: Every application for a mobile food vendor food court license shall be in writing, signed and sworn to by the applicant, and shall be filed with the City Clerk. The application shall be on a form provided by the City Clerk and shall contain the following:
(1) If the applicant is an individual, the name, date of birth, telephone number and address of the applicant; if a partnership, the business name of the partnership and the name, date of birth, telephone number and address of each partner; if a corporation, the names, telephone numbers and addresses of its principal officers and the names, telephone numbers and addresses of all directors thereof.
b. Fee: Applications shall be accompanied by the appropriate fee, as set out in subsection 2-6B-8E of this Code.
3. Required Facilities: Mobile food vendor food court owners shall provide the following:
a. Public restrooms.
b. Trash facilities.
c. Public parking.
d. Tables and seating.
e. Utilities.
4. Plat Required; Contents: The application shall be accompanied by a plat or drawing of the proposed mobile food vendor food court showing:
a. Its location and dimensions.
b. The locations available for mobile food vendors.
c. The location and size of vehicle entrances and exits.
d. The location and type of surface of parking.
e. The location and size of tables, chairs and other furniture.
f. The location and dimensions of restrooms.
g. The location and type of utilities.
h. If any portion of the mobile food vendor food court will be located inside of a building, the location and type of heating and/or cooling to be used in the building.
5. Vendor's Responsibilities: When a licensed mobile food vendor is located in a licensed mobile food vendor food court, the vendor shall be responsible for complying with all Federal, State and local laws and regulations regarding mobile food vendors with the exception of restrooms and trash receptacles, which shall be provided by the mobile food vendor food court licensee.
6. Issuance Or Denial: The applicant shall be notified by the Administrator of the decision on the issuance or denial of the permit as soon as possible. Applications may be emailed to the Administrator to allow quick processing. (Ord. 2017-17, 9-7-2017)