(A) All sales in the public right-of-way must take place in areas zoned GB General Business or CB Central Business between the hours of 8:00 a.m. and 3:00 a.m. in areas approved by the City Manager or his or her assigned designee. A person engaged in this business shall not:
(1) Locate in front of or within 50 feet adjacent to any non-mobile food business or open business without providing proof of the non-mobile food business owner’s permission as part of the application;
(2) Attach mobile vending unit to any tree, garbage receptacle or street furniture;
(3) Locate mobile vending unit within 10 feet of any fire hydrant;
(4) Provide any free standing public seating, tables at which food may be consumed, other tables, stands, shelves, bins, equipment or any other kind of free standing accessory or feature unless the same was approved in the application;
(5) Utilize any free standing signage;
(6) Fail to provide a trash can for business and patron use during the hours of operation;
(7) Fail to clean up the area where the mobile vending unit is located plus 15 feet around the location;
(8) Dispose of trash generated by the business or patrons in public trash cans;
(9) Sell any alcoholic beverage; or
(10) Utilize the permit in any area authorized by the City Council for a parade or special event 2 hours before or during the event unless approved by the special event applicant for space.
(B) Permit holders shall, upon request by the city or emergency staff, be required to remove mobile vending units to allow street, sidewalk or utility access for emergency and maintenance operations, or both, and will be subject to the following further requirements:
(1) The mobile food vendor must have self-contained utilities for the unit. No cords or hoses can run across the public sidewalks or streets or to a structure unless specifically approved by the City Council as part of the application;
(2) Permits are non-exclusive;
(3) Permits are for food, non-alcoholic beverages, and mobile food vendor-branded merchandise sales only;
(4) Permits are non-transferable and must be displayed on the mobile food unit at all times;
(5) Mobile food units shall not be located in areas or ways which block the view of traffic, traffic signals, traffic signs, bus stops, obstruct or cause to be obstructed the passage of sidewalk, street, alley or any other public place by causing people to congregate at or near the place where food is being sold or offered for sale;
(6) No customer shall be served on the street side of the mobile unit. All service must be on the curb side when the mobile unit is on or abutting a public street;
(7) A permit issued under this chapter shall not be used or represented in any manner as an endorsement by the city, or any department, officer or employee thereof; and
(8) The city may revoke and terminate the permit in the event the vendor violates any term, condition or provision of the permit, the City of Vermillion Code of Ordinances and/or state or federal laws. The vendor may terminate or surrender the permit at will any time prior to the expiration of the permit by providing written notice and surrendering the permit.
(Ord. 1258, passed 9-6-2011; Am. Ord. 1475, passed 12-19-2022) Penalty, see §
10.99