(A) An individual(s) and/or entities wishing to operate a mobile food unit shall first obtain an annual permit issued by the city. The permit fee of $120 shall be set annually by the City Council in the Fee Schedule. A two week permit is also required, at no cost after two weeks in the B-2 locations. The unit must vacate the spot for two weeks before returning to the same spot.
(B) Mobile food units are permitted to be located on a site located in a properly zoned district or location approved by the city through special use permit. No more than 12 active mobile food unit permits will be allowed in the city at one time. Mobile food units can only be set at a viable business location with one unit allowed for each 50 parking spaces at business locations.
(C) An operator of a mobile food unit shall not use stakes, rods, or any method of support that is required to be drilled, driven, or otherwise fixed, in asphalt pavement, curbs, sidewalks, or buildings.
(D) Mobile food units shall not impede access to the entrance or driveway of any adjacent property or building.
(E) Mobile food units shall not obstruct sight distance for drivers.
(F) If the operator of a mobile food unit maintains food at a hot holding temperature by mechanical means, that person shall comply with fire and explosion safety standards established by the 2015 International Fire Code and the city Fire Marshal.
(G) If the operator uses a pressurized fuel system or container in conjunction with the mobile food unit, the operator shall comply with fire and explosion safety standards established by the 2015 International Fire Code and the city Fire Marshal.
(H) All mobile food units shall adhere to the following health and safety requirements.
(1) All trash and debris generated by customers and the MFU staff shall be collected and deposited in a trash container provided by the mobile food unit and removed daily from the site by the mobile food unit operator.
(2) All food, supplies, and related equipment must be stored within the mobile food unit.
(3) Unless otherwise provided for in the approved permit, a person who operates a mobile food unit may not place food, equipment, or supplies related to its operation outside of the permitted unit and must conduct all of its operational activities within the mobile food unit.
(4) The permit holder shall provide consumers with disposable single service articles, such as plastic forks and paper plates.
(5) The area in and around each mobile food unit must be kept clean and free of all debris, food, drinks, and any and all trash and/or refuse which may produce an unsightly and/or unsanitary condition.
(6) An approved fire extinguisher shall be located inside each mobile food unit.
(7) If necessary to protect against public health hazards or nuisances, the city may impose specific requirements in addition to those requirements contained in this code.
(8) Hours of operation for any mobile food unit shall not be permitted between the hours of 11:00 p.m. and 7:00 a.m. daily unless a conditional use permit has been granted.
(9) The operator of a mobile food unit shall demonstrate that the vehicle is readily moveable if requested by the Code Enforcement Officer or their designee.
(10) Depositing, dumping or release of any grease into the city’s sanitary sewer system shall be prohibited. Any such act shall be a violation of this section and shall be subject to the issuance of a citation, revocation of the permit and/or injunctive relief by a court of competent jurisdiction.
(11) Mobile food units may utilize provided electricity, or may use a noise compliant portable generator.
(12) Individual(s) and/or entities operating a mobile food unit on private property or open space in residential area, must have a written agreement authorizing such operation with the owner of the property and must apply for a special use permit.
(13) Each individual and/or entity operating a mobile food unit shall maintain a copy of the written agreement at their location and produce said agreement to any city official upon request. City sponsored events are exempt from this requirement.
(14) The operation of any mobile food unit shall be subject to inspections by the City Official or their designee at any time.
(15) Any individual(s) and/or entities obtaining a permit to operate a mobile food unit are prohibited from transferring any such permit.
(16) One A-frame advertising sign, no larger than ten square feet/face in area and four feet in height, may be displayed adjacent to the mobile food unit.
(17) Individual(s) and/or entities operating a mobile food unit must maintain proof of valid liability insurance prior to the issuance of any city permit. Evidence of proof of insurance shall be subject to inspections by the City Official or their designee at any time.
(18) The city mobile food permit must be visibly displayed in the unit at all times.
(Ord. O-2023-003, passed 2-28-23)