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)
Mobile food vendors shall comply with the following regulations.
(A) A mobile food vendor shall not operate from a location within 50 feet of the main entrance of a permanent food establishment during the hours that food is sold within such establishment unless such permanent food establishment has provided written consent.
(B) A mobile food vendor may operate from a motor vehicle at a location in a city right-of-way open to traffic or parking but only from a motor vehicle parked in a location where a motor vehicle is authorized to park by law, signage or city permit.
(C) A mobile food vendor shall not operate from a location which would involve customers to be waited on or served while standing in a portion of a street being traversed by motor vehicle traffic.
(D) A mobile food vendor who operates from a location on property other than a city right-of-way shall first obtain and possess and be able to exhibit upon request each of the following:
(1) Written consent of the owner of the property; and
(2) Any required temporary use permit to be issued by the city.
(E) A mobile food vendor shall not operate from city park property unless it possesses written consent of the city.
(F) A mobile food vendor shall not operate from a school property unless it possesses written consent of the school district.
(G) A mobile food vendor shall not operate from a location authorized for a street show, festival, parade, block party or similar event, or within 200 feet of any boundary of such authorized area, unless the vendor possesses the written consent of the event permittee to operate from that location.
(H) A mobile food vendor shall possess and be able to exhibit its license, all required County Health Department permits, a state sales tax permit or proof of sales tax exemption and any other written consents or documentation required under this chapter, at all times during which the mobile food vendor is operating.
(I) Any city official may order a mobile food vendor to move from or leave a specific location if the operation of the vendor at that location causes an obstruction to vehicular or pedestrian traffic or otherwise endangers the health, safety or welfare of the public. If such order is refused, a city official of the Public Works Department or the Police Department may authorize that the vehicle be towed.
(J) An individual representative of the mobile food vendor must remain with the motor vehicle, trailer or auxiliary equipment at all times.
(K) A mobile food vendor may operate seven days a week but only from 7:00 a.m. to 11:00 p.m. It shall be unlawful for a mobile food vendor to operate at any other times.
(L) A mobile food vendor shall maintain in operable condition all fire suppression equipment or devices as required by local, state or federal law.
(M) It shall be unlawful for a mobile food vendor to sell or offer to sell alcohol in any form.
(N) A mobile food vendor shall provide trash receptacles and shall properly dispose of all trash and litter within 20 feet of its location, but such trash shall not be disposed of in public trash containers on city right-of-way or city property.
(O) A mobile food vendor shall comply with all city ordinances regarding noise.
(Prior Code, § 4-1004) (Ord. 717, passed 11-13-2018) Penalty, see § 10.99
A license issued shall expire on December 31 of each year unless renewed for the following year. An applicant shall renew a license for the following year by filing with the City Clerk a statement updating or confirming the information provided in the immediately preceding application. The statement shall be on a form to be furnished by the City Clerk. At the time of filing of such statement, a renewal fee of $50 shall be due to the city.
(Prior Code, § 4-1005) (Ord. 717, passed 11-13-2018)
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