§ 116.03 LICENSE REQUIREMENT.
   (A)   Type of license. Each applicant must indicate whether it is applying for a temporary license or an annual license for any number of days in the calendar year. A temporary license allows mobile food unit or food cart operations in the city for up to seven days total during a calendar year. An annual license allows mobile food unit or food cart operations in the city for eight days or more during any calendar year. A licensee will only be issued one temporary license per calendar year; however, nothing shall prohibit a temporary licensee from applying for an annual license within the same year.
   (B)   License fees. Fees for both temporary and annual licenses are set forth in the city’s fee schedule.
   (C)   License application requirements.
      (1)   It is unlawful for any person to operate a mobile food unit or a food cart on publicly-owned property in the city, including streets and rights-of-way, without first obtaining a license from the city. An application for a license shall be filed, along with the required fee, with the Deputy Clerk.
      (2)   The applicant must be the owner of the mobile food unit or food cart. The application shall be made on a form supplied by the city and shall contain information requested by the city, including the following:
         (a)   Name of the owner and operator (if different than the owner) of the mobile food unit or food cart and permanent and temporary home and business addresses;
         (b)   The applicant’s full legal name, date of birth and driver’s license number;
         (c)   A description of the nature of the business, the goods to be sold and the license plate number and description for any motorized or unmotorized vehicle to be used in conjunction with the activity;
         (d)   If applying only for a temporary permit, the applicant must provide the exact dates and locations for each day up to seven days of proposed mobile food unit or food cart operations;
         (e)   A phone number and email address of the applicant, with a designation of a preferred mailing address for notices related to the license;
         (f)   The name, address and contact information for the commissary with which the mobile food unit or food cart is affiliated, if applicable;
         (g)   1.   A certificate of insurance by an insurance company authorized to do business in the state, evidencing the following forms of insurance:
               a.   Commercial general liability insurance, with a limit of not less than $1,000,000 each occurrence. If the insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than $2,000,000;
               b.   Automobile liability insurance with a limit of not less than $1,000,000 combined single limit. The insurance shall cover liability arising out of any auto, including owned, hired and non-owned vehicles;
               c.   Worker’s compensation insurance (statutory limits) or evidence of exemption from state law; and
               d.   The city shall be endorsed as an additional insured on the commercial general liability certificate of insurance.
            2.   Coverage afforded under the policies shall not be cancelled without at least 30 days’ advanced written notice to the city, or ten days’ written notice for non-payment of premium.
         (h)   A signed statement that the licensee shall hold harmless the city and its officers and employees, and shall indemnify the city and its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the license;
         (i)   A site plan that includes: number of off-street parking spaces, description of food truck or food cart, location on the site where the food truck/trailer or food cart will be set up;
         (j)   A copy of each related license or permit if applicable issued by the county and the state required to operate a mobile food unit or food cart; and
         (k)   A copy of the applicant’s state sales tax ID number.
(Prior Code, § 1170.03) (Ord. 20190619-01, passed 6-19-2019) Penalty, see § 10.99