A. Application For Permit:
1. Filing Application:
a. An application for a mobile vendor permit shall be filed with the city manager or designee by any person or group of persons desiring to use the public right of way as provided in this chapter. If the applicant is not a natural person, the applicant shall identify a natural person who has authority to act for the applicant with regard to the mobile vending operation. (Ord. 04-4125, 5-4-2004)
b. Permits will be issued for three (3) year periods beginning May 1, 2013 to April 30, 2016. All applications for mobile vendor permits must be received by January 31 of the calendar year for which the three (3) year permit will be issued. Permits for partial periods may be available as provided in the administrative rules. (Ord. 12-4506, 12-4-2012)
c. Applications shall be made on forms prepared by the city manager or designee. (Ord. 04-4125, 5-4-2004)
2. General Provisions:
a. No more than six (6) permits shall be issued for each three (3) year period. All permits shall be issued for City Plaza except that up to two (2) permits may be issued for the 100, 200, and 300 blocks of Iowa Avenue. (Ord. 12-4506, 12-4-2012)
b. No tobacco or alcoholic beverages shall be offered for sale. (Ord. 04-4125, 5-4-2004)
c. At a minimum, mobile vendors shall operate from May 1 to October 1. (Ord. 11-4426, 5-3-2011)
d. No person may have an ownership interest, as determined by the city, in more than three (3) mobile vending cart operations.
e. If the city council decides to eliminate or reduce the mobile vending permit program, the city may terminate all permits upon one hundred twenty (120) day notice to the permittees. (Ord. 12-4506, 12-4-2012)
3. Application Form: The application form shall contain the following information:
a. Name, address, and telephone number of the applicant.
b. An acknowledgement to be signed by a natural person that he or she has authority over the permitted use of the sidewalk.
c. List of past permits issued. (Ord. 04-4125, 5-4-2004)
d. (Rep. by Ord. 11-4426, 5-3-2011)
e. Requested location or locations of operation.
f. Electrical appliances to be used.
g. Fuel needed to power equipment. (Ord. 04-4125, 5-4-2004)
h. (Rep. by Ord. 11-4426, 5-3-2011)
i. (Rep. by Ord. 11-4426, 5-3-2011)
j. Location of overnight cart storage.
k. Description of cart including its dimensions. (Ord. 04-4125, 5-4-2004)
l. (Rep. by Ord. 10-4386, 3-23-2010)
m. An agreement in which the applicant shall agree 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.
n. Acknowledgment that the applicant has contacted the Johnson County health department and has reviewed health code requirements.
o. Insurance is required in a reasonable amount necessary to minimize risk of harm to persons and property based on the intended use, as determined by the city's risk manager.
p. Any other information that the city manager or designee finds necessary.
B. Issuance Or Denial Of Permit:
1. Standards: The city manager or designee shall grant or deny the application for a mobile vendor permit in writing within a reasonable time, which shall be mailed by ordinary mail or personally delivered to the applicant, and state the reasons therefor no later than sixty (60) calendar days after the application being filed. The length of time which is reasonable shall be determined by the type of use requested, the information supplied, the time the application is filed, and the extent of advance preparation and planning demonstrated and reasonably required. The city manager or designee shall issue a permit if the following conditions have been met:
a. A mobile vending location is available which will not interfere the free movement within the emergency/service lane.
b. The applicant's proposed mode of operation will not impede the free flow of pedestrian traffic along the public right of way or in or out of adjacent properties.
c. The applicant agrees to operate the applicant's business only at assigned mobile vending locations.
d. The dimensions of the applicant's vending cart shall not exceed a size of four feet (4') wide by nine feet (9') long by eight feet (8') high.
e. The applicant has adequate storage for the mobile vending cart off the city plaza or public right of way.
f. The applicant has obtained all necessary permits required by the county department of health.
g. All applicable fees have been paid.
h. The application is fully completed and executed.
i. The indemnification agreement has been signed.
j. A certificate of insurance showing compliance with this section has been provided.
k. The application contains no material falsehood or misrepresentation.
l. The applicant has not damaged city property, and if the applicant has, the damage has been paid in full, and the applicant has paid all other outstanding and unpaid debts to the city.
m. The applicant has complied with applicable laws concerning the sale or offering for sale of any goods or services.
n. The use or activity intended by the applicant is not prohibited by law.
2. Contents And Conditions Of Permit: The permit shall contain the following information:
a. Permittee's name, telephone number, and address. (Ord. 04-4125, 5-4-2004)
b. (Rep. by Ord. 11-4426, 5-3-2011)
c. The permittee's mobile vending location.
d. Such other information that the City Manager or designee finds necessary for the enforcement of this chapter.
C. Appeals: Any party aggrieved by the City Manager's or designee's decision to grant or deny a mobile vending permit may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision.
D. Prohibited: The sale, transfer, or assignment of a mobile vending permit is expressly prohibited.
E. Revocation Of Permit:
1. The City Manager or designee, or City Council if issued following an appeal, may revoke a mobile vending permit if:
a. It is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public calamity, riot or other emergency, the public safety requires such revocation.
b. The permittee has misstated any material fact in the application.
c. There is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred.
d. The permittee is operating a mobile vending cart in violation of the terms of the permit.
e. The permittee's insurance has been canceled.
f. The permittee violates any administrative rules.
2. A permittee may appeal the revocation in the same manner as appealing the issuance or denial of a permit.
F. Fees: Fees for mobile vending permits shall be set by resolution of the City Council.
G. Administrative Rules: The City Manager is authorized to establish administrative rules not inconsistent with any ordinance to carry out the provisions of this chapter. A copy of said rules shall be on file with the City Clerk. (Ord. 04-4125, 5-4-2004)