(A) Type of license. Each applicant must indicate whether it is applying for a temporary license or annual license for any number of days in the calendar year. A temporary license allows mobile food unit operations in the city for up to seven days total. An annual license allows mobile food unit operations in the city for eight days or more during any year. A licensee will only be issued one temporary license per calendar year, however, nothing shall prohibit a temporary licensee from applying for an annual license within the same year.
(B) License fees. Fees for both temporary and annual licenses are determined in the city’s fee schedule.
(C) Mobile food unit. It is unlawful for any person to operate a mobile food unit in the city without first obtaining a license from the city. An application for a license shall be filed, along with the required fee, with the City Clerk. The applicant must be the owner of the mobile food unit. The application shall be made on a form supplied by the city and shall contain information requested by the city, including the following:
(1) Name of the owner and operator, if different than owner, of the mobile food unit and permanent and temporary home and business address;
(2) The applicant’s full legal name, date of birth, and driver’s license number;
(3) A description of the nature of the business and the goods to be sold and the license plate number and description for any vehicle to be used in conjunction with the activity;
(4) The permanent and any temporary home and business address, phone numbers, and email address of the applicant, with a designation of a preferred mailing address for notices related to the license;
(5) The name, address, and contact information for the commissary with which the mobile food unit is affiliated, if applicable;
(6) A certificate of insurance by an insurance company authorized to do business in the state, evidencing the following forms of insurance:
(a) Commercial general liability insurance, with a limit of not less than $1,000,000 each occurrence. If the insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than $2,000,000.
(b) Automobile liability insurance with a limit of not less than $2,000,000 combined single limit. The insurance shall cover liability arising out of any auto, including owned, hired, and non-owned vehicles;
(c) Food products liability insurance, with a limit of not less than $1,000,000 each occurrence;
(d) Public liability insurance, with a limit of not less than $1,000,000 each occurrence;
(e) Property damage insurance, with a limit of not less than $1,000,000 each occurrence;
(f) Worker’s compensation insurance (statutory limits) or evidence of exemption from state law; and
(g) The city shall be endorsed as an additional insured on the certificate of insurance and the umbrella/excess insurance if the applicant intends to operate its mobile food unit on public property, including public right-of-way.
(7) The certificate of insurance must contain a provision requiring notification be sent to the city should the policy be cancelled before its state expiration date;
(8) Written consent of each private property owner from which mobile food unit sales will be conducted;
(9) If the mobile food unit will be located on city property or public right-of-way, a signed statement that the licensee shall hold harmless the city and its officers and employees, and shall indemnify the city and its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the license;
(10) If applying only for a temporary license, the applicant must provide the dates and locations for its up to ten days of mobile food unit operations;
(11) A copy of each related license or permit issued by the county and the state required to operate a mobile food unit; and
(12) A copy of the applicant’s state sales tax ID number.
(Prior Code, § 3-20-3) (Ord. 665, passed 5-8-2017) Penalty, see § 112.99