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Permits issued for pushcart or mobile food unit operation are valid for a period of one year. It is the responsibility of the applicant to make timely application for permit renewal. Permit renewals shall follow the same process as a new permit.
(Ord. 2007-24, passed 3-19-07) Penalty, see § 117.99
A permit may be denied if it is found that the granting of the permit would not be in the public interest. Any applicant denied a permit to operate a pushcart or mobile food unit shall receive a written statement outlining the grounds on which the denial is based. Appeals of the City Managers denial shall be considered by the City Council.
(Ord. 2007-24, passed 3-19-07)
The City Manager or their designee may revoke a permit issued pursuant to this section if it is found that the pushcart or mobile food unit operator has:
(A) Deliberately misrepresented or provided false information in the permit application.
(B) Violated any provision of city or county Health Department regulations.
(C) Violated any law, regulation, or ordinance regarding the possession, sale, transportation or consumption of intoxicating beverages or controlled substances.
(D) Operated the pushcart or mobile food unit in such a manner as to create a public nuisance or to constitute a hazard to the public health, safety, or welfare; specifically including failure to keep the area around the pushcart or mobile food unit free of refuse.
(E) Failed to maintain any health, business or other permit or license required by law for the operation of a pushcart or mobile food unit. Before the revocation of a permit, the City Manager or their designee shall notify the permit holder of the intent to revoke the permit and the reasons therefore and shall afford the permit holder a reasonable opportunity to appear and be heard on the questions of such revocation. After the hearing, the City Manager, or their designee, shall notify the permit holder in writing of their decision regarding the revocation. Such revocation may be appealed to the Goldsboro City Council and the decision of the Council is final.
(Ord. 2007-22, passed 3-19-07; Am. Ord. 2023-42, passed 6-20-23)
All mobile food unit vendors are required to adhere to Chapter 117, Pushcart and Mobile Food Unit Vendors. However, mobile food vendors are exempt from the $80 filling fee when applying for and obtaining a permit if they meet one of the following:
(A) Organizations which have been granted 501(c)(3) tax exemption by the Internal Revenue Service and not operating for profit.
(B) Actions undertaken at the prior request or invitation of the resident or occupant of the premises, with written permission of the property owner, with the sole purpose of providing services to the resident or occupant and not open to the public.
(C) Actions undertaken at the prior request or invitation of an appointed member of an incorporated homeowner's association (HOA) on the premises under the jurisdiction of the HOA with the sole purpose of providing services to the members of the HOA, and not open to the public.
(D) Mobile food unit vendors who have been approved to participate in a special event approved by the Goldsboro City Council.
(Ord. 2023-42, passed 6-20-23)
(A) It shall be unlawful for any person to violate any provision of this chapter or to violate any term or condition of a permit issued pursuant to this chapter.
(B) In addition to any criminal enforcement, the city or any individual may pursue any available civil remedies deemed appropriate and necessary.
(Ord. 2023-42, passed 6-20-23)
The provisions of this chapter are declared to be severable. If any section, sentence, clause, or phrase for any reason are held to be invalid or unconstitutional by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining sections, sentences, clauses, or phrases of this chapter, and they shall remain in effect, it being the legislative intent that this chapter shall remain in effect notwithstanding the validity of any part.
(Ord. 2023-42, passed 6-20-23)
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