A. Purpose: The purpose of this chapter is to protect the health, safety and welfare of the City of Jerome and its residents by means of regulating food vehicles, vendors, solicitors and temporary merchants.
B. Definitions:
FOOD VEHICLE: A food establishment that is located upon a vehicle, or which is pulled by a vehicle, where food or beverage is prepared and served to the public, including, but not limited to, food trucks, trailers, carts and vans.
SOLICITOR: Any person, whether a resident of the City or not, who travels by foot, motor vehicle or any other type of conveyance from place to place within the City while taking, or attempting to take, in person, orders for sale of goods, wares, services or merchandise of any nature whatsoever for future delivery, whether or not advance payments are collected at the time of solicitation. This definition shall include any person or entity who, for himself or for another person or entity, hires, leases, uses or occupies any building, structure, tent, place, railroad boxcar, boat, hotel or motel room, apartment, lot, or public street or right-of-way within the City for the purpose of exhibiting samples and taking orders for future delivery.
SPECIAL EVENT: The temporary use, with a valid permit, of public property, including streets, parks, and community centers, for the purpose of conducting certain short term events such as art shows, music concerts, fundraising events, amusement attractions, community events, circuses, carnival, rodeos, including, but not limited to, street dances, tournaments, walkathons, marathons, races, car shows, exhibitions or related activities.
TEMPORARY MERCHANT: Any person whether owner or otherwise, whether a resident of the City of Jerome or not, who engages in a temporary business of selling and/or delivering food, beverages, goods, wares, merchandise or services within the City limits, and who in furtherance of such purpose hires, leases, uses or occupies any building, structure or motor vehicle within the City, for the exhibition and sale of food, beverages, goods, merchandise or services. Excluded from the term "temporary merchant" are the following activities:
1. Public or private auctions for the disposal by an established business of its assets or for an individual, for items of personal or household use.
2. Any person or entity described in this definition of "temporary merchant" who sells goods or services exclusively to retail merchants within the City limits.
3. Any religious or charitable entity, including nationally recognized service clubs, engaging in any one or more of the otherwise prohibited activities for beneficial, charitable or public benefit purposes.
4. Any show, exhibition or fair where goods or services for sale are exhibited by the person manufacturing the goods or providing the services and such exhibitor was invited by the person or entity sponsoring the event to attend. Any person or entity sponsoring such an event shall make the names and addresses of all exhibitors available to the City upon request.
5. Sales pursuant to court order.
6. The sale of farm or garden products by persons producing such products.
7. Sale of Christmas trees or wreaths in season, provided that any such person engaged in such a business shall provide their name and address to the City or a police officer of the City upon request.
VENDOR: Any person, including an employee or agent of a group of individuals, partnership, or corporation, who sells or offers to take orders to sell food, beverages, wares, merchandise or services from a stand, cart, shack, motor vehicle or any other type of conveyance or from his or her person, including but not limited to, snow shacks. This definition shall include the words "hauler", "huckster" and "peddler".
C. Zoning Requirements: No temporary business license shall be granted to a public or private location, building or structure in any residential zoning district.
D. Application: Any person seeking a license as a food vehicle, vendor, solicitor, or temporary merchant within the City shall file with the City Clerk a written, sworn application, signed by the applicant if an individual, by all partners if a partnership, by all members if a limited liability company, by the president and secretary of a corporation and by other similar authorized officer or official of any other entity showing:
1. The name or names of the person or persons having the management or supervision of the applicant's business during the time that it is proposed it will be carried on in the City. Every address or location at which such business will be carried on; permanent address or addresses of each person signing the application, the capacity in which the person signing the application will act; the name of the corporation or other entity on whose account the business will be conducted; and, if a partnership, limited liability company, corporation or other entity, the state in which the entity was organized.
2. Idaho State Sales Tax license number.
3. A site plan showing the location of the temporary business, outdoor seating arrangement and other information as required by the City Clerk.
4. The length of time during which it is proposed the business will be conducted, together with signed lease, license or other permission from the owner of the real property at which the business will be conducted evidencing authority to operate at the location.
5. A description of the nature of the business and the goods, merchandise, wares or services which will be dispensed or solicited.
6. A statement of whether or not the person or persons signing the application have been convicted of any crime, misdemeanor or felony and the date, place and nature of every such conviction.
7. A valid, government issued ID or driver's license for every person signing the application or who will conduct the business of the applicant whether as a food vehicle, vendor, solicitor or temporary merchant.
8. If the applicant proposes to sell any food or beverage for human consumption, a current certificate from the South Central Idaho Health District authorizing such activity as being in compliance with law shall be required prior to the issuance of this license, unless otherwise exempt by the South Central Idaho Health District.
9. A waste disposal plan outlining how waste and grease will be disposed. The Wastewater Department shall review and approve such plan.
10. Certification that the temporary business has passed all necessary inspection from any local, State or Federal agency, including, but not limited to, South Central Health District, Jerome City Fire Department and Jerome City building official.
11. If the application is determined to be complete and accurate, the City Clerk shall forward the application and supporting materials to the various City departments for review and recommendation for approval or denial prior to the issuance of a temporary merchant license to each applicant upon the payment of the fee hereafter required.
E. License Required: It shall be unlawful for any person, or any business entity including, but not limited to, a corporation, limited liability company, partnership, or any other business entity, or any contractor, agent or employee of the same to act as a food vehicle, vendor, solicitor, or temporary merchant within the City limits of Jerome, Idaho, without obtaining a license to do so.
F. License Fee: A license fee shall be payable to the City Clerk in the initial amount of one hundred dollars ($100.00) for a food vehicle, vendor, solicitor or temporary merchant. Each license shall be for a period of six (6) months. Licenses may be renewed for additional six (6) month terms. The renewal fee shall be one hundred dollars ($100.00).
G. Bond Required: Every food vehicle, vendor, solicitor, or temporary merchant shall, prior to commencement of the conduct of business, post a bond with the City Clerk in the form of a surety bond, upon a surety license to conduct business in the State of Idaho, deemed appropriate by the City Clerk, or a cashier's check made payable to the City of Jerome, in the amount of five hundred dollars ($500.00). The bond will be to ensure that garbage, paper, litter or other debris associated with the conduct of the business does not remain upon public or private property, including public rights-of-way within the City. After expiration of a license, the City Clerk shall, upon application of the licensee, return the bond or cashier's check within six (6) months of an application for return being filed with the City Clerk, demonstrating that the terms of the bond had been complied with. The bond shall be forfeited to the City of Jerome upon the affidavit of the City Clerk or a police officer of the City of Jerome to the effect that the food vehicle, vendor, solicitor or temporary merchant has not complied with the provisions of this section.
H. Exhibition Of License: Any license issued under this section shall be conspicuously posted at any place of business at which the food vehicle, vendor or temporary merchant is conducting business, or, if a solicitor, a copy of the license shall be kept by every solicitor to be displayed upon the request of any property owner being solicited or by a police officer of the City of Jerome.
I. Use Of Private Property Restricted: No owner or lessee of real property, within the City of Jerome, nor any agent thereof, shall sublet, lease, or otherwise license such real property to be used by a food vehicle, vendor, temporary merchant or solicitor, unless such use is specifically excluded from the duty of application and license under this section or unless the food vehicle, vendor, temporary merchant or solicitor has obtained the license required herein.
J. Rules And Regulations For Food Vehicles, Vendors And Temporary Merchants:
1. Shall maintain a clean appearance, free of rust and decay.
2. Shall be located a minimum distance of five feet (5') from the edge of any driveway or public sidewalk, utility boxes and vaults, handicapped ramp, building entrance, exits, or emergency access/exit ways, or emergency call box and shall not locate within any area of the lot that impedes, endangers, or interferes with pedestrian or vehicular traffic.
3. Shall be located a minimum distance of ten feet (10') in all directions of a fire hydrant.
4. Food vehicles shall provide proof of mobility on a semi-annual basis. Physically driving the food vehicle to City offices when renewing a temporary merchant license shall constitute proof of mobility.
5. Drive-throughs shall be prohibited.
6. Temporary connections to potable water and other utilities are prohibited.
7. Shall be responsible for the proper disposal of waste and trash associated with the operation. City trash receptacles shall not be used for this purpose. Shall keep all areas within ten feet (10') of the business and any associated seating area clean of grease, trash, paper, cups or cans associated with the vending operation.
8. No liquid waste or grease may be disposed of in tree pits, storm drains or onto the sidewalks, streets, or other public space. Under no circumstances shall grease be released or disposed of in the City's sanitary sewer system.
9. With the exception of allowable outdoor seating areas, all equipment required for the operation shall be contained within, attached to or within ten feet (10') of the retail sales. Outdoor seating areas shall be placed in a safe manner and to not interfere with pedestrian or vehicular traffic.
10. Canopies, carports, sheds, and other temporary structures associated with a food vehicle, vendor, and temporary merchant shall be subject to inspection, review and approval by the City Building and Fire Departments.
11. Shall be equipped with approved hand-held fire extinguishers. One 10-pound ABC fire extinguisher is a minimum requirement. If grease laden vapors are produced, a two and one-half (21/2) gallon Class K fire extinguisher shall also be required. Additionally, food establishments and food vehicles producing grease laden vapors shall have a UL 300 listed, Class I hood installed along with an approved automatic fire suppression system. All Class I hoods shall be serviced no less than every six (6) months by qualified, licensed inspector. The fire suppression system shall be inspected and tested annually by a licensed fire protection system inspector.
12. Shall be subject to the temporary sign regulations outlined in section 17.32.038 of this Code. Unsecured menu boards are prohibited. Signs and/or lettering on the unit shall be produced using professional workmanship without hand lettering or with a sloppy or garish paint job.
13. Issuance of a temporary business license shall not entitle the licensee to conduct business on any street, sidewalk or other location within any park, owned or maintained by the City, unless they are part of a special event and have permission from the event sponsor.
14. Issuance of a temporary business license shall entitle the licensee to conduct business on any privately owned property, excluding residential zones, provided they satisfy the criteria noted herein and have obtained written authorization from the property owner.
K. Revocation: Any license issued under this section may be revoked by the City Council, after notice and hearing duly given, for any of the following reasons:
1. Fraud, misrepresentation or false statement contained in any application;
2. Fraud, misrepresentation or false statement made in connection with the selling or solicitation of any goods, wares, services or merchandise;
3. Any other violation of this section;
4. Conduct of business by a food vehicle, vendor, temporary merchant, or solicitor in any other manner in violation of law.
The City Council shall give written notice to the food vehicle, vendor, temporary merchant, or solicitor of the grounds upon which revocation of license will be sought and the time, date and place of a hearing before the City Council where the person or entity holding the license may appear and show cause, if any they have, why the license should not be revoked.
L. Enforcement And Penalty:
1. Civil Liability: At the direction of the City Council, the City Attorney shall institute a civil suit in the name of the City of Jerome to enforce compliance with any of the provisions of this section by suit for injunction, declaratory relief or other suitable legal theory. The City shall be entitled to recover attorney fees and costs if it prevails in such civil action, and such requirement shall be noted on all licenses issued hereunder.
2. Misdemeanor: Any person who violates any provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine of up to five hundred dollars ($500.00) and/or imprisonment for up to a period of not more than six (6) months. Each day a violation of this section occurs shall be deemed a separate misdemeanor. (Ord. 1161, 2017)