(A) Subject to applicable ordinances, regulations, and licenses.
(1) It shall be unlawful for any person to intentionally provide false information or to intentionally omit requested information on application for an occupational license pertaining to mobile food vendors.
(2) As a condition of issuance of any occupational license for mobile food, the mobile food vendor agrees to indemnify, hold harmless, and defend the city, its agents and employees from and against liability and/or loss arising from activities connected with or undertaken pursuant to the license. The city shall not be liable for any business loss, property loss, personal injury or other damages that may result from the exercise of the rights granted by the license or the suspension or revocation of the license, and no mobile food vendor shall maintain any claim or cause of action against the city, its officers and employees on account of any revocation or suspension of such license.
(3) Nothing contained in this section is intended to nor shall be construed to create any liability on the part of the city, its agents and employees for any injury or damage resulting from the failure of the mobile food vendor to comply with the provisions of this section or by reason of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city, its agents and employees.
(4) Every mobile food vendor to whom an occupational license is issued, shall prominently display said license for public viewing, and shall produce the same at the request of any city official. No license shall be transferable, nor shall such license authorize the activities permitted by any person other than the person or entity to whom it is issued.
(5) Every mobile food vendor operating in the city shall collect and remit the tourism tax on food. The only exemption to this is the vendors at city or tourism sponsored community events.
(B) Location and hours of operation.
(1) Mobile food vendors are allowed in non-residential zoning districts and on the properties of legally established nonresidential uses. Excepted from this requirement is a mobile food vendor that makes sales by traveling through a residential area and signaling the vendor’s presence in the area by playing music, and that primarily makes sales by stopping at the signal of a patron (example: ice cream truck).
(2) As part of this section the City Manager is authorized to establish mobile food vendor locations stations on city property throughout the city.
(3) Mobile food vendors operating solely on or within the city’s parks or established mobile food stations shall be subject to an established fee for use and will need permission from the Mobile Food Administrator before use of any of these locations. Sales at the city Lions Park shall be prohibited during the time TCY youth baseball season is in progress. Use of the sites established under this section will also not be allowed during city or tourism sponsored community events.
(4) Mobile food vendors are prohibited from operating on any public street or public property without expressed permission from the Mobile Food Administrator.
(Ord. 2023-09, passed 8-28-2023)