A. Definitions:
DOWNTOWN ZONE: The areas illustrated on the map in subsection H of this section.
FOOD TRUCK: A motorized vehicle specially equipped to prepare and sell food items to the general public.
OPERATE: To offer for sale food and beverage items to the general public; it does not mean either loading or unloading food or beverage items in bulk or other materials.
RESTAURANT: As that term is defined in section 10-3-1 of this code.
TRUCK PERMIT: Written authorization by the city to operate a food truck on public right of way as provided in this section.
B. Prohibited: No person may operate a food truck on public right of way without a food truck permit as provided herein.
C. Permit:
1. An application for a food truck permit shall be filed with the city manager or designee on a form provided by the city.
2. The permit shall require the permittee to pay on behalf of the city all sums which the city shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the city any claim against the city arising out of the use of public property and the public right of way.
3. The permit shall require the permittee to obtain insurance in an amount determined by the city's risk manager.
4. The city manager or designee shall grant or deny the application for a permit in writing within thirty (30) calendar days after the application being filed. The city manager or designee shall grant the application and issue a permit if the requirements set forth in the administrative rules have been met.
5. The applicant may appeal the denial in the same manner as mobile vending permits in title 10 of this code.
6. The city manager or designee, or city council if issued following an appeal, may revoke a food truck permit as provided in the administrative rules. A permittee may appeal the revocation in the same manner as appealing the issuance or denial of a permit.
7. The administrative rules may limit the number of permits granted.
8. Permits shall be issued for one year.
9. The permittee shall not offer tobacco or alcoholic beverages for sale.
10. The sale, transfer, or assignment of a permit is expressly prohibited.
D. Location: No person shall operate, and no permittee shall allow a food truck to be operated, on public right of way in the following locations:
1. Inside the downtown zone;
2. Within one hundred fifty feet (150') of an entrance to a restaurant;
3. In a residential zone, as defined in the zoning code; or
4. In a loading zone.
The administrative rules may expand the areas where a food truck is prohibited from operating.
E. Allowed Operation: Notwithstanding any other provision in the code, a person may:
1. Operate a food truck in two (2) metered spaces if the parking meters for both spaces are operational.
2. Operate for up to three (3) hours in a metered space with an established time period of two (2) hours or less if the meter is operational.
3. Back a food truck into and park and operate it in an angled stall.
F. Fees: Fees for food truck permits shall be set by resolution of the city council.
G. Rules: The city manager is authorized to establish administrative rules not inconsistent with any ordinance to carry out the provisions of this section. A copy of said rules shall be on file with the city clerk and available on the city's website.
H. Downtown Zone:
(Ord. 15-4618, 4-21-2015)
I. Pilot Program: Notwithstanding any other provision in this section, the city manager is authorized to establish a pilot program for food trucks to operate with a permit during the late evening and early morning hours in the downtown zone. (Ord. 17-4691, 2-7-2017)