(A) It shall be unlawful for any person to engage in, carry on, or conduct the business of being a mobile food vendor within the city without first having obtained a license as set forth in this chapter.
(B) Any person desiring a license as a mobile food vendor shall make application pursuant to the application requirements set forth in § 117.016, in addition to adhering to the following provisions:
(1) Insurance and indemnity. Each applicant for a license shall provide a certificate of liability insurance to the City Controller against the following liability and in the following amounts relative to such activity:
(a) General liability: $250,000 per occurrence and $500,000 in the aggregate;
(b) Property damage: $50,000 per occurrence and $ 100,000 in the aggregate; and
(c) Proof of valid auto/vehicle insurance.
(d) Each applicant shall execute a document, in a form approved by the Law Department, agreeing to indemnify and hold harmless the City of Hammond for personal injury, losses, expenses, or other damages arising out of the operation of the applicant's business.
(2) Location restrictions.
(a) No mobile food vendor shall locate in any property, parking lot, parking space, or parking facility owned, leased, or managed by the City of Hammond unless approval has been given by the city's Board of Public Works and Safety.
(b) No mobile food vendor shall locate in any property, parking lot, parking space, or parking facility owned, leased, or managed by any public entity unless approval has been given by the appropriate governing body.
(c) No mobile food vendor shall be located in a manner which would significantly impede or prevent the use of any City of Hammond property, or which would endanger the safety or property of the public.
(d) No mobile food vendor shall locate outside of a commercial or industrial zoned area without the prior approval of the Board of Public Works and Safety.
(e) No mobile food vendor shall operate within 200 feet from any intersection, except those permitted to operate on private property, or attempt to sell any food, drink, or other food items to passengers inside of vehicles.
(f) No mobile food vendor shall operate or conduct sales in any way that interferes with or prevents vehicular or pedestrian traffic.
(g) Notwithstanding anything to the contrary in the Municipal Code, it shall be unlawful for mobile food vendors to locate on the streets, alleys, or other public place or grounds within 700 feet of any elementary, middle or high school or any school which is recognized by the state as being a public institution or any private, parochial or charter school, but not including colleges or universities ("schools"), during the hours that such schools are in session and for 1 hour before and 1 hour after such schools are in session.
(h) No mobile food vendor shall locate within 250 feet of an establishment that also sells food, beverages, or similar products. The distance restriction only applies from 1 hour before the opening time to 1 hour after the closing time posted by an establishment.
(i) Mobile food vendors shall be located a reasonable distance from all posted crosswalks, driveways, alleyways, or right-of-way lines.
(j) Mobile food vendors shall only be located on private property if the private property owner has provided the business operator written permission for the mobile food vendor to locate on or at said property. Mobile food vendors must retain a copy of the permission form on-site for the inspection or review of the Police Department, Inspections Department, or other enforcement agency of the city.
(k) No mobile food vendor operating on private property shall displace required parking or landscaping nor block any drives, parking access aisles, fire lanes, sidewalks, or accessible routes required by the city's zoning code.
(3) Time restrictions. No mobile food vendor shall locate on the public streets or sidewalks in the City of Hammond between the hours of 7:00 p.m. and 7:00 a.m.
(4) Safety requirements. All mobile food vendors shall comply with the safety requirements set forth by the United States Food and Drug Administration, United States Department of Agriculture, the Indiana Department of Health, the State Department of Agriculture, and the Lake County Health Department. Violations of safety and sanitation requirements by the State or County Health Department may result in suspension or revocation of license as set forth in § 117.019.
(Ord. 9506, passed 4-26-2021)