(A) Permit required. A food truck permit is required for all food trucks wishing to operate within the town corporate limits. Food trucks permits are valid for one year. Permit holder wishing to operate for more than one year will need to re-apply each year. The permit year shall run from April 1 through March 31.
(B) Permit review/approval. Food truck permits are reviewed by the Administrative Officer or his or her designee. The Administrative Officer shall approve/deny permits based upon the rules and regulations listed in § 154.060 through 154.076. The permit application shall be accompanied by, but not limited to the following:
(1) A valid permit from the County Board/Department of Health.
(2) A valid permit from the Indiana Department of Revenue for a retail merchant.
(C) Permit fee. A permit fee shall be charged for all food trucks as outlined in the Town Fee Schedule.
(D) Penalties. It shall constitute a violation of this section for any person or entity to operate a food truck in violation with the provisions of this section or to fail to obtain the appropriate permit as outlined in this section. Each day the violation exists constitute a new and separate violation. In order to adequately regulate food trucks, the fine schedule and notice of fine schedule in the town’s Zoning Ordinance and Fee Schedule, as they relate to food trucks, shall be replaced by the following:
(1) Notice of violation may delivered via hand-delivery, certified mail, or posting the notice of the food truck. The first notice of violation shall result in a $50 fine.
(2) Subsequent violations shall result in a doubling of the fine amount, i.e., second violation fine = $100, third violation fine = $300, and so on.
(3) Violators have five days to pay a violation before a late fee of $50 is charged.
(4) If the violator (permit holder) refuse to pay the fine, the Administrative Officer may refer the violation to the Plan Commission attorney in order to enforce the provisions of this section through court action including but not limited to fine, court costs, and attorney fees.
(Ord. 040814A, passed 4-8-2014)