Mobile food vendors conducting business within the city must comply with the following requirements.
(A) All mobile food vendors must abide by all federal, state, and local laws, rules, and regulations. Mobile food vendors must operate in compliance with all state laws and regulations and must maintain continuous licensure with the County Health Department.
(B) Mobile food vendors may vend only on private property with the consent of the property owner and may not encroach into any right-of-way adjoining the property with the mobile food vending establishment or utilize any accessory items such as tables, chairs, and the like. Mobile food vendors may not operate on city property or within the right-of-way. If requested by the city, a mobile food vendor shall promptly provide proof of a property owner’s consent to operate on the property.
(C) Mobile food vending is allowed as an accessory use in the following situations:
(1) On a parcel with a commercial or industrial use;
(2) On a construction site to fulfill on-site needs;
(3) In a residential zoning district, if in conjunction with a special event held at a non-residential structure; and
(4) As otherwise authorized by the city.
(D) The vendor shall not conduct any vending in a way that causes congestion or blocking of vehicle or pedestrian traffic or fire lanes. Each vendor has an affirmative and independent duty to determine the safety and suitability of any particular location of operation and to operate in a manner reasonably calculated to avoid and prevent harm to people and to other vehicles.
(E) All areas within and surrounding a mobile food service establishment must be maintained in a clean, neat, and sanitary condition. A mobile food vendor shall provide one private trash bin for public use with capacity of no less than 13 gallons, each of which shall be removed upon departing the location and the contents disposed of by the vendor. Trash bins shall be anchored or otherwise secured upright. A mobile food vendor shall remove all litter generated by its operation at the vendor’s expense. The mobile food vendor shall not place trash or litter from the mobile food vending establishment in any unauthorized private or city receptacle.
(F) Umbrellas and canopies must be designed to be secure during windy conditions. Umbrellas and canopies must be at least seven feet above the ground when open and may not protrude into the right-of-way.
(G) All mobile food vendors must ensure that individuals with disabilities have comparable access to mobile food vending establishment. If existing designs cannot be modified to be accessible to people with disabilities, the method of providing service must be modified to become accessible.
(H) A mobile food vending establishment cannot be permanently located on any property and cannot function as a permanent structure.
(I) Mobile food vendors may not vend alcohol.
(Ord. 13 (Series 2020-2021), passed 1-19-2020) Penalty, see § 112.99