(A) Vendors seeking to operate a mobile food unit within the Town of Newburgh shall complete an application provided by the Town Manager for a license under this chapter. The application for license shall be on forms created and maintained by the Town Manager and approved by the Town Council. Licensing shall be on a per unit (food truck or food concession trailer) basis requiring a separate license for each mobile food unit.
(B) All applications for licenses shall be accompanied with the required certificate of insurance, proof of Health Department approval, and required fee of $75 per mobile food unit.
(C) Licenses are valid for one year unless otherwise invalidated, revoked or terminated prior to the end of the one-year term. All licenses shall begin on January 1 and expire on December 31 of the year for which the license is purchased. Mobile food unit vendors must reapply (including payment of all applicable fees) each year. License fees are not prorated for partial years.
(D) It shall be unlawful for any person to intentionally provide false information or to intentionally omit requested information on an application for any license pertaining to mobile food unit vendors.
(E) As a condition of issuance of any license, the mobile food unit vendor agrees to indemnify, hold harmless, and defend the Town of Newburgh and its officials, officers, employees, representatives, and agents against liability and/or loss arising from activities connected with and/or undertaken pursuant to the license. The Town of Newburgh shall not be liable for any business loss, property loss, or other damage that may result from use of the license, or suspension or revocation of the license, or the discontinuance of the practice of permitting such activity, and no such vendor shall maintain any claim or action against the Town of Newburgh and/or its officials, officers, employees, or agents on account of any suspension or revocation or discontinuance.
(F) Any license issued to a mobile food unit vendor shall be valid for the time period specified thereon. Re-application shall be required upon expiration of said license if the person wishes to continue such activity.
(G) Every mobile food unit vendor to whom a license is issued shall, at all times while engaged in that business, have the applicable license in his or her possession, prominently displayed for public viewing, and shall produce the same at the request of any Town of Newburgh official or at the request of any individual to whom the vendor is exhibiting his or her food or attempting to sell same.
(H) Each mobile food unit vendor must obtain all necessary licenses and permissions and comply with all requirements imposed by the Warrick County Health Department and/or other regulatory agencies.
(I) Nothing contained in this section shall relieve a mobile food unit vendor from obtaining its applicable merchant license(s) and any other permits required by state agencies or the local health department.
(Ord. 2019-08, passed 6-12-2019)