CHAPTER 117: PUSHCART AND MOBILE FOOD UNIT VENDORS
Section
   117.01   Area covered
   117.02   Definitions
   117.03   Application
   117.04   Issuance of permits
   117.05   Approval process
   117.06   Permit duration
   117.07   Permit denial
   117.08   Permit revocation
   117.09   Transfer prohibited
   117.10   Exceptions to provisions
   117.11   Violations
   117.12   Severability
 
   117.99   Penalty
§ 117.01 AREA COVERED.
   The City Manager’s designee may issue a permit for the serving of food and/or non-alcoholic beverages from a mobile pushcart or mobile food unit on government-owned sidewalks, public and private parking lots and publicly- or privately-owned property in the city limits and ETJ. Pushcarts and mobile food units requesting to set up in a park or other parks and recreation facilities will be subject to parks and recreation requirements and restrictions.
(Ord. 2007-24, passed 3-19-07; Am. Ord. 2023-42, passed 6-20-23)
§ 117.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   MOBILE FOOD UNIT. Any stationary cart; pushcart; trailer mounted on a chassis but without an engine; or vehicle mounted food establishment designed to be readily moved and vend food. MOBILE FOOD UNITS must meet any applicable Health Department requirements.
   MOBILE FOOD VENDOR. Any person who operates a mobile food unit.
   PARKING LOT. Any area, whether publicly or privately owned, approved to park automobiles on a temporary basis.
   PEDESTRIAN WAY. An improved walk or passageway intended for use by pedestrians, but not adjacent to any city street.
   PUSHCART. Any rubber-wheeled vehicle used for displaying, keeping or storing any article by a vendor or peddler (other than a motor vehicle, bicycle or trailer) which may be moved without the assistance of a motor and which does not require registration by the state Department of Motor Vehicles.
   SIDEWALK. That portion of public street between the curb line, or the lateral lines of a roadway if there is no curb, and the adjacent property line, that is intended for the use of pedestrians.
(Ord. 2007-24, passed 3-19-07; Am. Ord. 2023-42, passed 6-20-23)
§ 117.03 APPLICATION.
   Any pushcart or mobile food unit vendor desiring to operate shall prepare and file an application with the City Manager’s designee which shall contain the following information:
   (A)   The name, permanent address and telephone number of the person desiring to operate a pushcart or mobile food unit.
   (B)   Proof of date of birth, address, and identification of the applicant, to be provided through a driver’s license or other legally recognized form of photo identification.
   (C)   The name, permanent address, and phone number of the business.
   (D)   The type of food, beverage, or other products to be sold and served from the pushcart or mobile food unit.
   (E)   The proposed dates, hours, and location(s) of the pushcart or mobile food unit business.
   (F)   A site plan showing the section of sidewalk, pedestrian way, parking lot, private property, or other location of the property to be used for the pushcart or mobile food unit.
   (G)   A copy of current registration and insurance for any vehicle, pushcart, and/or trailer to be used in connection with the proposed mobile food unit, and a description of such to include the size, year, make, model, color, and license plate number.
   (H)   Written permission to use the proposed location signed by the property owner, including contact information for the property owner if the property is not owned by the city.
   (I)   Proof of possession of any license or permit which, under federal, state, or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this section.
   (J)   A copy of all other licenses or permits, including, but not limited to, a privilege license and health or environmental services permit, obtained by the applicant in connection with the proposed mobile food vending.
   (K)   Proof of an insurance policy issued by an insurance company licensed to do business in the State of North Carolina, showing a policy of the comprehensive general liability including coverage for products, completed operations, and contractual liability for the indemnification provision in the vendors permit, in the amount of not less than $300,000 for bodily injury per occurrence and $100,000 for property damage per occurrence. Such policies shall not be canceled until 30 days written notice of such cancellation shall be given to the City Manager’s designee. Any termination or lapse of such insurance shall automatically revoke any permit issued by this chapter. Such insurance limits and requirements shall be subject to revision by the City Manager or their designee. Certificates of insurance shall be kept on file with the vendors application.
   (L)   An indemnity statement, approved by the City Attorney, whereby the pushcart or mobile food unit operator agrees to indemnify and hold harmless the city and its officers, agents and employees from any claim arising from the operation of the pushcart or mobile food unit.
   (M)   Additional information as required by the Chief of Police to perform the necessary background investigation.
   (N)   The signature and a sworn statement, signed by the applicant, verifying the application’s contents.
(Ord. 2007-24, passed 3-19-07; Am. Ord. 2023-42, passed 6-20-23)
§ 117.04 ISSUANCE OF PERMITS.
   No permit for the operation of a pushcart or mobile food unit may be issued unless the application is complete and the following requirements are met:
   (A)   The pushcarts or mobile food units location as shown on the site plan or drawing submitted must be done in such a manner that at least four feet unobstructed space (as measured from the streetside edge of the sidewalk) remains on the sidewalk or pedestrian way for the passage of pedestrians.
   (B)   Pushcarts or mobile food units shall not be located within 100 feet of any competing restaurant.
   (C)   Pushcarts or mobile food units shall provide a refuse receptacle and shall dispose of waste generated through their operation at the end of each day in an approved landfill or drop-off container site. City receptacles may not be utilized for this purpose. No liquid waste or grease may be poured into any tree pit, storm drain, gutter pan, sidewalk, or any other public place. Grease cannot be released into the city’s sanitary sewer system.
   (D)   Pushcarts or mobile food units shall comply with all Wayne County Health Department requirements.
   (E)   No pushcart or mobile food unit shall be located within 100 feet of any other legally established pushcart or mobile food unit. This shall not apply to special events approved by the city.
   (F)   Pushcarts or mobile food units shall be located in such a manner so as to not interfere with the commerce of existing businesses.
   (G)   Except as elsewhere permitted, the operation of a pushcart or mobile food unit shall involve no permanent alteration to or encroachment upon any street, sidewalk, pedestrian way, on-street parking, or parking lot.
   (H)   There shall be adequate lighting available in the area of the pushcart or mobile food unit for the safety of the patrons and public use of the sidewalk.
   (I)   A filing fee of $80, and a business registration fee, as noted in the Manual of Fees and Charges, is required to accompany all permit applications or renewals, and will be valid for one year from the date issued.
   (J)   Mobile food units shall be located in such a way as to not constitute a nuisance. Mobile food units shall meet all applicable setbacks throughout the city as determined by the City of Goldsboro.
   (K)   All mobile food units shall be removed at the end of the business day and may not be located overnight within the city limits.
   (L)   No pushcart or mobile food unit may utilize on-street parking spaces or the right-of-way to serve customers without obtaining a permit. This shall not apply to special events approved by the city.
   (M)   No pushcart or mobile food unit may be parked in a location that prohibits or restricts access to private property. A minimum five foot spacing is required from any driveway, measured from the driveway apron.
   (N)   No pushcart or mobile food unit may be located within five feet of any utility box, utility vault, handicap ramp, or emergency call box. No pushcart or mobile food unit may be located within 15 feet of a fire hydrant.
   (O)   Mobile food units must successfully pass a fire inspection, completed by the Goldsboro Fire Marshal, and conducted no more than 30 days prior to the permit application date.
   (P)   Pushcarts and mobile food units are not permitted to operate in the roundabouts or medians in the city.
   (Q)   No mobile food vendor shall erect an outdoor seating area for dining, including, but not limited to, tents, tables, chairs, booths, bar stools, benches, and stand-up counters.
   (R)   Any continuous amplified sound or music is prohibited. Any other amplified sound or music must comply with Chapter 95 of the City's Code of Ordinances.
(Ord. 2007-24, passed 3-19-07; Am. Ord. 2023-42, passed 6-20-23) Penalty, see § 117.99
§ 117.05 APPROVAL PROCESS.
   Applicants interested in a pushcart or mobile food unit license shall apply to the City Manager’s designee and provide the information as required under § 117.03. Upon approval, all permits must be kept publicly displayed in a conspicuous place in or about the pushcart or mobile food unit.
(Ord. 2007-24, passed 3-19-07; Am. Ord. 2023-42, passed 6-20-23) Penalty, see § 117.99
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