A. An owner of private property shall be exempt from the food vending vehicle property permit requirement in Section 5.68.110 and Chapter 17.232, Nonconforming Uses, if the food vending vehicle permittee operating on the property has an established operation on private property, as provided in this section.
B. A food vending vehicle permittee has an established operation on private property if, based on credible evidence submitted by the permittee prior to March 31, 2008, the director finds that the permittee's food vending vehicle has operated on a private property with the continuous consent of the property owner since at least January 1, 2006.
C. The exemption in the above subsection A is subject to the following conditions:
1. The exemption applies only to the specific private property that the director determines is the location on which the food vending vehicle permittee has an established operation on private property, pursuant to subsection B of this section;
2. The exemption applies only as long as the property owner's consent is continuously maintained. If consent is revoked or is allowed to expire at any time, this exemption shall no longer apply or be available even if consent is subsequently obtained;
3. The exemption applies only as long as a food vending vehicle permit related to a vehicle operating on the property, is continuously maintained as valid. If the vehicle permit is revoked or is not renewed at any time, this exemption shall no longer apply or be available even if a vehicle permit is subsequently obtained;
4. This exemption applies only as long as the business of operating a food vending vehicle that was operating on the property on March 31, 2008 is continuously operating there. If the business is sold, the new owner may continue to operate a food vending vehicle on the property in accordance with this exemption;
5. This exemption applies to the operation of only one food vending vehicle on the property;
6. A person may only operate a food vending vehicle in accordance with this exemption between the hours of 5:00 a.m. of one day, and 2:00 a.m. of the following day; and
7. Except as set forth in subsection A of this section, the operation of the food vending vehicle shall comply with all other provisions of this code. (Ord. 2015-0016 § 2)