A. Exclusive Rights: No commercial vendor shall have an exclusive right to any location on public property or public right of way.
B. Location And Site Restrictions:
1. Mobile food concessions are prohibited within residential districts unless associated with an approved special event or the food concession operator operates in the following manner:
a. Sidewalk vending is prohibited.
b. Mobile food concessions are prohibited in residential districts during the months of January, February, March, October, November, December.
c. No mobile food concessions operator shall operate outside of the hours of eleven o’clock (11:00) A.M. to nine o’clock (9:00) P.M.
d. No mobile food concession operator shall operate within twenty feet (20') of a residential doorway unless:
(1) The operator has written permission from the residential doorway property owner; or
(2) The mobile food concession operations are associated with a special event which includes the residential property.
e. No mobile food concessions operator shall be present at a location for more than ten (10) minutes unless the operator is continuously serving customers.
(1) The mobile food concession operator shall move at least seven-hundred and fifty (750) linear feet from their prior location.
2. Mobile food concessions are prohibited in commercial and industrial districts unless:
a. Operating on private property.
b. Associated with an approved special event.
c. Operating in public right of way from nine o’clock (9:00) P.M. to four o’clock (4:00) A.M.
(1) Mobile food concession operators using a vending cart may operate on public sidewalk from seven o’clock (7:00) A.M. to four o’clock (4:00) A.M. the following day.
d. A sidewalk vendor operating in the following manner:
(1) Utilizing a mobile vending cart that:
(A) Does not exceed five feet (5') wide by nine feet (9') long by seven feet (7') high.
(B) Is able to be pushed by one (1) person.
(C) Has a minimum of two (2) functional, rubber-tired wheels.
(D) The braking mechanism on the mobile vending cart shall be affixed in such a manner that it is not readily removable to secure the cart when parked on the sidewalk.
i. The use of ropes and chalks as the sole braking mechanism is prohibited.
(E) Does not carry more than two (2) five (5) gallon containers of propane on a public right of way.
(F) Support equipment and accessories shall not extend more than four feet (4') from the edge of the cart, trailer or vehicle in any direction and shall not be placed to impede pedestrian traffic. Umbrellas, canopies, or other covers used on mobile vending carts, trailers or vehicles must be securely fastened. The open diameter may not exceed nine feet (9'), with a minimum vertical clearance of seven feet eight inches (7'8"), and must not extend more than four feet (4') from the edge of the cart, trailer or vehicle in any direction.
(2) Sidewalk vending shall not occur where clear pedestrian passage on the public sidewalk is less than five feet (5') wide;
(3) Sidewalk vending shall not occur on the portion of a public sidewalk crossed by a public or private driveway or within ten feet (10') of either side of the driveway.
(4) In a way the movement or visibility of vehicles using the street or other public right of way is obstructed as determined by City staff.
(5) Mobile vending carts shall not be locked or chained to a parking meter, tree, streetlight, street furniture or other structure.
3. Mobile food concessions are prohibited in all City parks unless:
a. Operating in the mobile food concession designated areas located in Railroad Park and El Rancho Parking lot.
(1) All those who operate in Railroad Park and the EL Rancho Parking Lot shall operate in the following manner:
(A) Mobile food concession operators shall not drive or park on grass areas.
(B) Mobile food concession operators shall not move or alter existing railroad ties, barriers, fences, tables, signs, garbage receptacles, portable restrooms, and the like.
(C) Mobile food concession operators shall be "self-sufficient" by:
i. Not receiving or connecting to electrical, water, sewer, or other city services.
ii. All mobile food concession waste and garbage will be moved off City property after daily operations.
(D) Mobile food concession operators will cease operations and vacate Railroad Park or the El Rancho Parking Lot at the request of the Parks Superintendent or their designee for park maintenance, special and civic events, or other reasons deemed necessary by City staff.
(2) Associated with an approved special event.
4. Mobile food concessions activities are prohibited in any congested area where their operations might impede or inconvenience the public per City staff.
5. Mobile food concessions activities shall not be in the following areas:
a. Crosswalk areas;
b. Within the clear vision triangle area on corners of intersections, alleyways, or driveways;
c. Within ten feet (10') of any permanent building's doorway, except that this distance may be decreased to five feet (5') with written consent of property owner or agent of the affected permanent business or residence;
d. In any area which obstructs the movement or visibility of vehicles or bicycles using the appropriate public right of way, access easement, or drive aisle;
e. Within five feet (5') of utility boxes and/or vaults, handicap ramps, emergency call boxes, or fire hydrants;
f. Any residential property or district that does not adhere to the mobile food operation requirements as found in subsection B1.
6. Unless otherwise provided in this chapter, or through a special event obtained under chapter 4-12, vending areas shall be spaced a minimum of ten feet (10') apart.
7. Vendors shall not use or attach any items to public amenities (trees, streetlights, street furniture, railings, etc.) for any reason, without prior authorization.
8. The area within twenty five feet (25') of the vending area shall be kept free of discarded beverages, debris, food, and trash at all times.
9. All food vendors shall operate in such a manner that prevents the spilling or splattering of grease, water, food, or trash on any public property. The food vendor shall be responsible for the cleaning and/or repair of any public property which is soiled, stained, or damaged by the placement or operation of the mobile food concessions business.
C. Operating Rules, Mobile Food Concession Vehicle And Equipment Storage, And Other Time Limitations:
1. Operating hours shall be between:
a. Nine o’clock (9:00) P.M. to four o’clock (4:00) A.M. in public rights of way:
(1) Mobile food concession operators using a vending cart may operate on public sidewalk from seven o’clock (7:00) A.M. to four o’clock (4:00) A.M. the following day.
b. At the determination of the property owner and in accordance with title 9, Land Use and Development, of this Code when operating on private property.
2. No vending area shall be unattended for more than fifteen (15) consecutive minutes when operating at in public right of way.
3. All items associated with mobile food concessions shall be removed from their location when not in operation.
a. Special event holders may request for this requirement to be waived during multi-day events.
b. Mobile food concessions vehicles and equipment may be stored on private property with signed permission of the property owner when the storing of vehicles and equipment is in accordance with title 9, Land Use and Development, of this Code.
D. General Operation Restrictions And Requirements:
1. All mobile food concessions will be inspected and approved annually by the City Fire Marshal before operating.
2. Drive-thru operations shall not be allowed. Those mobile food concessions with a drive-thru before the adoption of this tile (January 1, 2021) shall be grandfathered as a legal nonconforming use. The legal nonconforming drive-thru shall not be expanded or increased. If the drive-thru component ceases for greater than six (6) months the drive-thru component will be considered willfully vacated and dissolved.
3. Overhead electrical lines are not allowed. Electrical lines shall not lay across any pedestrian access portion of the sidewalk.
4. Mobile food concession operators shall display, in a readily visible location, the following items always when in operation:
a. Fire Marshall Safety Inspection Sticker;
b. Health Department License.
5. The dumping of any ice, trash, grease, gray or wastewater, or any other items associated with mobile food concessions, into public waste receptacles, private dumpsters, public planter boxes, gutters, wastewater systems, storm water systems, public right of way, onto public property or the street is prohibited without prior authorization from the City or private property owner.
6. Mobile vending carts, trailers or vehicles shall be maintained in such a manner that prevents the spilling or splattering of grease, water, food, or trash on any public right of way where the cart, trailer or vehicle is located. The cart, trailer or vehicle owner shall be responsible for the cleaning and repair of any public right of way soiled, stained, or damaged by the placement and operation of their mobile vending operations.
7. All mobile food concessions operators shall possess current liability insurance. Mobile food concession operators shall carry a commercial general liability policy for any damage to public property. The policy shall be in the minimum amount of one million dollars ($1,000,000.00). Expiration shall be no less than one (1) year from the date of application approval. Liability insurance must be immediately available and provided upon request from a City, code enforcement, or law enforcement official.
a. If the damage exceeds this amount the City may use all means to collect the amount needed to clean, repair, or replace the damaged property.
b. Vending carts need only to provide a one hundred thousand dollar ($100,000.00) insurance policy. (Ord. 1708, 12-28-2020)