§ 116.04 OPERATIONAL REQUIREMENTS.
   (A)   Mobile food units are prohibited from operating within the limits of the city, unless having obtained prior written permission with specific time references.
   (B)   Mobile food units are prohibited from operating on private property, except with prior written permission from the owner or lessee on which the mobile food unit is located.
   (C)   Mobile food units must not be parked within ten feet of a public right-of-way.
   (D)   Mobile food units may not sell or dispense anything between 8:01 p.m. and 6:59 a.m.
   (E)   No mobile food unit shall be equipped with any external electronic sound-amplifying device. No operator shall shout, make any noise, or use any device for the purpose of attracting attention to the mobile food units or the items it offers for sale.
   (F)   Mobile food units shall be limited to the sale of food and nonalcoholic drinks. The sale of other merchandise or services will not be permitted.
   (G)   Cooking must not be conducted while the vehicle is in motion.
   (H)   Signs which are permanently affixed to the mobile food unit shall extend no more than six inches from the vehicle. All signs shall be attached to or painted on the mobile food unit. Electronic signs are prohibited, as are signs that flash, cause interference with radio, telephone, television or other communication transmissions; produce or reflect motion pictures; emit visible smoke, vapor, particles, or odor; are animated or produce any rotation, motion or movement.
   (I)   The operator must provide for the sanitary collection of all refuse, litter and garbage within ten feet of the mobile food unit which is generated by the mobile food unit operation or the patrons using that service and shall remove all such waste materials from the location before the vehicle departs.
   (J)   The operation of the mobile food unit is limited to the interior of the unit. There shall be no outside seating implements in the form of benches, tables, chairs or other furniture which may be used for eating or sitting.
   (K)   As a condition of issuance of any permit, the mobile food unit vendor, agrees to indemnify, hold harmless, and defend the City of Etowah and its officials, officers, employees, representatives, and agents against liability and/or loss arising from activities connected with and/or undertaken pursuant to the permit. The City of Etowah is not liable for any business loss, property loss, or other damage that may result from use of the permit or suspension or revocation of the permit, or the discontinuance of the practice of permitting such activity, and no such vendor shall maintain any claim or action against the City of Etowah and/or its officials, officers, employees, or agents on account of any suspension or revocation or discontinuance.
   (L)   Vendor will supply to the City of Etowah a notarized statement from property owner of where they plan to conduct business. Mobile food unit operators will not be permitted to change locations of mobile food units without such notarized statement being received and until location has been approved by the City Administration.
(Ord. 829, passed 1-28-2019) Penalty, see § 116.99