(A) A mobile food unit (non-pushcart) may be parked on public property or street (on a non-residential side) as approved in the licensing application. Mobile food units may not park within a city park or property without written consent from the city. Mobile units also are prohibited from parking within 100 feet of any facade or outdoor seating of a ground level establishment that sells prepared food or beverages (this only applies from one hour before the establishment’s opening to an hour after closing) without approval from the food establishment owner.
(B) Pushcarts are permitted to operate within city parks as well as private property (with property owner approval). Request for authorization to vend within a city park shall be submitted no less than five days and no more than 15 days prior to the requested day of vending.
(C) (1) No mobile food unit shall be left unattended or stored on any site overnight, unless that property is under the ownership or control of (by way of a lease or other contractual agreement) the operator of the unit and is being done so in compliance with all other city code requirements, or the mobile food unit is a participant in a multiple (contiguous) day, city permitted, public property special event.
(2) Any mobile food unit found unattended shall be considered in violation of these regulations and subject to permit revocation, towing, or any other action legally allowed.
(D) The use of music or sound making devices as a part of a mobile food unit shall be prohibited, unless expressly allowed as part of an approved event.
(E) Persons conducting business from a mobile food unit must do so in compliance with the following standards:
(1) The mobile food vendor must obtain expressed written consent of the property owner or lessee to use the property on which they propose to operate or from the city if a pushcart on public property. The written consent must be kept in the unit at all times that the unit is on the property. Written consent does not excuse or permit the violation of any other imposable regulations.
(2) The operator of the mobile food unit shall display their city permit in full view of the public in or on the unit.
(3) Mobile food units that are within 300 feet of a residential use or residentially zoned property shall be limited to hours of operation between 7:00 a.m. and 9:00 p.m.
(4) Mobile food units shall serve patrons which are on foot only; no drive-up service to the unit itself shall be provided or allowed.
(5) The mobile food unit (non-pushcart) must be located on a paved or rocked surface.
(6) (a) No mobile food unit may be located on a vacant property or lot with a vacant building. Exceptions to this rule may be granted by the city after a review of the particular property and the vendor has been able to make arrangements to ensure safe and sanitary conditions.
(b) This would include, but is not limited to: employee access to restrooms, adequate access for fire and police personnel/vehicles, and that the site in general is free from hazards or dangerous conditions.
(7) All mobile food units shall maintain a minimum separation from buildings of ten feet as measured to the closest building element, including awnings or canopies, tents, or membrane structures. Location of the food unit shall not impede pedestrians entering or exiting a building.
(8) The window or area where a patron orders and receives their purchase shall be located so as to not require a patron to stand, or create a line that may cause pedestrians to be in the public right-of-way, vehicle travel lane, including parking lot drive aisles, or similar situation that may create a potential safety hazard. Adequate safe space for patrons waiting for their order must be available on the property where the mobile food unit is located.
(9) (1) Signs are limited to those that are attached to the exterior of the mobile unit and must be mounted flat against the unit, and not projected more than six inches from the exterior of the unit.
(b) No freestanding signs, banners, flags, or similar items are allowed. Off premises signs directing patrons to the mobile food unit are prohibited unless expressly approved through the permitting process.
(10) During business hours, the mobile food vendor shall provide a trash receptacle for use by customers, and shall keep the area around the mobile food unit clear of litter and debris at all times.
(11) All mobile food units shall be located in such a manner as to not create a safety hazard, such as blocking emergency access to buildings and the site, obstructing access to fire hydrants, impeding entering and exiting from a building, and creating a visual impediment for the motoring public at drive entrances, intersections, pedestrian crossings, or similar movement and access.
(Prior Code, § 3-8-4)