(A) Mobile food vendors provide a beneficial service to the general public within the city while, due to their distinct manner of operation, also presenting substantial differences of circumstances from other food retailers and vehicle users which suggest the expediency of diverse legislation. It is, thus, desirable to regulate, and require licenses for, mobile food vendors so that their transitory use of various properties and right-of-way locations can occur in a fair and safe manner, and so that public safety and welfare can be protected. The purpose of this chapter is to enact regulations to serve those goals.
(B) While the city wishes to encourage the business of mobile food vendors, the city also recognizes the benefits of permanent food establishments. The owners of permanent food establishments make substantial and long-lasting capital investments in buildings, infrastructure, and the built environment. These investments benefit the city, improve real property, and provide consistent locales for the entertainment and enjoyment of city residents and visitors. The city wishes to cultivate and encourage the creation and maintenance of permanent food establishments. Accordingly, it is also the purpose of this chapter to encourage the co-existence of mobile food vendors and permanent food establishments, to provide appropriate places for each within the fabric of the city, and to accommodate the interests of each, toward the goal of achieving a rich and diverse community.
(Ord. 2352, passed 7-23-20)
For the purpose of this chapter the following terms shall have the meanings respectively ascribed to them:
ADMINISTRATOR. The City Administrator, or his or her authorized designee.
FOOD. Any raw, cooked, or processed edible substance or beverage 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 offers 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 either occupied or cultivated by him or her or purchased directly from a Nebraska farmer; an ice cream truck operator who is otherwise required to obtain a separate peddlers permit; and/or a minor who is selling liquid refreshments on a temporary basis in a manner akin to a lemonade stand.
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, convenience stores, grocery stores or automotive fueling stations.
(Ord. 2352, passed 7-23-20)
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