(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FOOD. Any good or substance, solid or liquid, which is customarily edible; FOOD includes prepackaged food and non-prepackaged food.
FOOD VENDOR. A person who travels about from place to place and who sells or offers to sell food which accompanies the person. FOOD VENDOR includes each individual assistant to or supplier for another food vendor. FOOD VENDOR also includes a food vendor who operates from, in, or through a temporary food service establishment or a mobile restaurant.
MOBILE RESTAURANT. Any vehicle which is used to transport food for human consumption from a licensed establishment, commissary, catering kitchen, food processor, or other similar licensed food service to be served directly from said vehicle at locations such as factories, construction projects, or similar prearranged stations on private property.
NON-PREPACKAGED FOOD. Food which is not wrapped, packaged, or bottled pursuant to the laws of the state or the United States. NON-PREPACKAGED FOOD includes, but is not limited to, fruit and vegetables, hot dogs prepared on location, ice cream served on location in cups or cones, ices, soft drinks in cups, popcorn, and cotton candy and other confections.
PREPACKAGED FOOD. Food which is wrapped, packaged, or bottled pursuant to the laws of the state or the United States.
SUPPLIER. A person who knowingly provides or supplies a food vendor by oral or written contract or agreement or other understanding. A SUPPLIER does not include a person who has no knowledge or agreement that the food supplied to the food vendor is to be sold or offered for sale by the food vendor.
TEMPORARY FOOD SERVICE ESTABLISHMENT. Any establishment, mobile or fixed, where food is served or provided for the public on the premises or elsewhere which operates at a fixed location for a temporary period of time, not to exceed two weeks, in connection with a carnival, circus, public exhibition, sidewalk sale, parade, art show, race, sporting event, festival, rodeo, horse or dog show, auction, or other similar events.
(B) A food vendor shall not be allowed to operate within the city limits of the city, unless the food vendor is in possession of and carries with them a valid license issued by the city. The provisions of § 110.29 shall not apply to such licenses.
(C) A license shall not be issued by the City Clerk unless the food vendor supplies the City Clerk with a copy of one and all valid licenses or certificates required by the county or the state or the United States pursuant to a state or federal statute or regulation.
(D) A food vendor shall not be licensed unless they are at least 14 years of age. Applicants under 16 years of age shall submit the written consent of a parent or guardian. An applicant for such license shall submit with the applications satisfactory proof that all suppliers furnishing the food vendor with a vehicle or equipment or goods for the food vendor shall also have a license under this division (D).
(E) No food vendor shall have an exclusive right to any location in the public streets except as provided in division (G) below; no food vendor shall be permitted to make a sale within 50 feet of a street intersection, park on a public roadway except as provided in division (G) below, park on school property or private property without the consent of the owner or person in possession thereof or person responsible for permitting such parking; no food vendor shall enter a public park or public playground except as provided by division (G) below. A food vendor shall not be permitted to operate in any congested area where their operations might impede or inconvenience the public. For the purpose of this division (E), the judgment of a police officer exercising good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
(F) A food vendor may sell or offer for sale any prepackaged foods as defined in division (A) above if the food vendor also is in compliance with all applicable state and federal laws and regulations.
(G) A temporary food establishment or a mobile restaurant may not park or locate on any public street, public roadway, public park, or any public property except with the permission of the Director of Public Services or his or her designee.
(Prior Code, § 110.29) (Ord. O-156, passed 2-17-2014, effective 2-27-2014) Penalty, see § 110.99