For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FOOD. Any raw, cooked or processed edible substance, beverage, ingredient, ice or water used or intended for use or for sale, in whole or in part, for human consumption.
MOBILE FOOD VENDOR. A person who, by traveling from place to place upon the public ways, sells or offer for sale food from public or private property to consumers for immediate delivery and consumption upon purchase. The following activities are excluded from such definition, and alone, do not subject a vendor to being covered by such definition: the sale or offer for sale of farm products produced or raised by such a vendor from land occupied and cultivated by him or her; or the sale or offer for sale of food by a caterer.
PERMANENT FOOD ESTABLISHMENT. A fixed building which a person occupies on a continual basis and from which such person sells or offers to sell food for immediate delivery and consumption upon purchase. Such term shall not include a location where a mobile food vendor sells or offers to sell food.
(Prior Code, § 4-1001) (Ord. 717, passed 11-13-2018)
It shall be unlawful for any person to operate as a mobile food vendor within the city unless such person complies with the requirements and regulations of this chapter, including holding a valid and active mobile food vendor license issued by the City Clerk pursuant to this chapter; except that a mobile food vendor may operate at Valley Days or other similar events sponsored by or approved by the city without obtaining a mobile food vendor license if such vendor has obtained written consent from the city to operate at such event. Any such mobile food vendor shall be subject to all regulations contained in this chapter.
(Prior Code, § 4-1002) (Ord. 717, passed 11-13-2018) Penalty, see § 10.99
(A) An applicant for a license shall file with the City Clerk a signed application on a form to be furnished by the City Clerk, which shall contain the following information:
(1) The applicant’s business name, address, telephone number and email address, if any;
(2) If the applicant is a business entity of any kind, the names of all officers and managers of such entity;
(3) If food is to be sold from any motor vehicle, the vehicle license numbers and descriptions of such vehicle, the names of all persons authorized and expected to drive such vehicle and a copy of a valid and currently existing policy of liability insurance for such motor vehicle;
(4) Documentation from the County Health Department showing its approval of the applicant’s sale of food;
(5) A copy of the state sales tax permit or proof of an applicable sales tax exemption;
(6) A copy of the applicant’s policy or policies of commercial general liability insurance; and
(7) Such other documentation as the City Clerk may require and as requested in the application.
(B) Upon receipt of a completed application, the City Clerk shall make or cause to be made any inquiry or investigation that may be necessary in order to determine whether the applicant is in compliance with all applicable laws. The City Clerk may request and take into consideration the recommendations of other affected departments of the city.
(C) After receipt of the completed application and a nonrefundable application fee in the amount of $50, the City Clerk shall either approve or deny the application.
(Prior Code, § 4-1003) (Ord. 717, passed 11-13-2018)
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