Mobile food vendors shall comply with the following regulations:
(A) A mobile food vendor shall not sell nor offer to sell food from a location within 150 feet of a permanent food establishment's properly line, unless each such permanent food establishment within such area has provided written consent.
(B) A motor vehicle from which a mobile food vendor sells or offers to sell food shall not exceed 40 feet in length and 96 inches in width. A mobile food vendor selling or offering the sale of food from or using a trailer or other auxiliary equipment shall, during such operations, keep the trailer or auxiliary equipment hitched to an operable motor vehicle towing it, unless otherwise permitted by the city in association with an authorized street show, festival, parade, block party, or similar event. An attached trailer or other auxiliary equipment shall not exceed 96 inches in width, and the combined length of the motor vehicle and trailer or auxiliary equipment shall not exceed 60 feet. The requirements of this subsection may be relaxed, if approved by the Administrator upon a mobile food vendor's application for a waiver.
(C) A mobile food vendor shall not sell or offer to sell food from a motor vehicle at a location in a city right-of-way or public parking unless approved by the Administrator upon a mobile food vendor's application for a waiver. This necessarily shall include a location which would involve customers being waited on or served while standing in a portion of a street.
(D) A mobile food vendor shall not sell or offer to sell food from an area that is not zoned either C-l (Downtown Commercial), C-2 (Highway Commercial), C-3 (General Commercial), NRC (Neighborhood Residential Commercial), 1-1 (Light Industrial) or 1-2 (Heavy Industrial) in its form unless approved by the Administrator upon a mobile food vendor’s application for a waiver.
(E) A mobile food vendor who sells or offers to sell food from a location on private property shall first obtain and possess, and be able to exhibit upon request, written consent of the owner of such property.
(F) A mobile food vendor shall not sell nor offer to sell food from city park property unless approved by the Administrator upon a mobile food vendor's application for a waiver.
(G) A mobile food vendor shall not sell nor offer to sell food from a school property unless he or she possesses the written consent of an authorized representative of the school.
(H) A mobile food vendor shall not sell nor offer to sell food from county public property unless he or she possesses the written consent of an authorized representative of the county.
(I) A mobile food vendor shall not sell nor offer to sell food from a location within an area authorized for a street show, festival, parade, block party, or similar event, or within 500 feet of any boundary of such authorized area, unless the mobile food vendor is in possession of the written consent of the event permittee to sell or offer to sell food from that location.
(J) A mobile food vendor shall possess and be able to exhibit his or her license under this chapter, a State of Nebraska sales tax permit or proof of sales tax exemption, approvals from the Nebraska Department of Agriculture as required, and any other written consents or documentation required under this chapter, at all times during which the mobile food vendor is selling or offering to sell food.
(K) An authorized employee of the city or police departments may order a mobile food vendor to move from or leave a specific location, if the operation of the mobile food vendor at that location causes an obstruction to vehicular or pedestrian traffic or otherwise endangers the health, safety, or welfare of the public. The city may tow or otherwise move a mobile food vendor's vehicle or other auxiliary equipment to another location if the vehicle or equipment presents a danger to public safety and the mobile food vendor fails to move the same.
(L) An individual representative of the mobile food vendor shall be present with the motor vehicle and other auxiliary equipment operated by the mobile food vendor at all times where food is or will be offered for sale.
(M) A mobile food vendor may sell or offer to sell food seven days a week, but only from 7:00 a.m. to midnight. It shall be unlawful for a mobile food vendor to sell or offer to sell food at any other times. Notwithstanding this subsection, upon evidence of endangerment of public safety, the Chief of Police or his or her designee may further limit hours of operation for all mobile food trucks, as needed for the protection of public safety.
(N) A mobile food vendor using a motor vehicle shall maintain a motor vehicle liability insurance policy for such motor vehicle as required by state law, and shall exhibit proof of such policy when requested.
(O) A mobile food vendor shall maintain in operable condition all fire suppression equipment or devices as required by local, state or federal law.
(P) It shall be unlawful for a mobile food vendor to sell or offer to sell alcoholic drinks.
(Q) A mobile food vendor shall provide trash receptacles for the collection of trash and recyclable materials, in sizes sufficient to serve his or her customers. Prior to leaving a location, the mobile food vendor shall pick up and properly dispose of any trash, litter, or recyclable materials within 30 feet of the location. Receptacles and their contents shall be removed from the location for proper disposal or recycling, and contents shall not be deposited in public trash or recycling containers.
(R) A mobile food vendor shall not place on city right-of-way or city property any freestanding sign, table, chair, umbrella, electric generator, or other fixture or equipment; provided, that a mobile food vendor may place one identification or menu sign on the sidewalk or other area directly adjacent to his or her parked motor vehicle or other equipment.
(S) A mobile food vendor shall comply with all city ordinances regulating noise.
(Ord. 2352, passed 7-23-20) Penalty, see § 116.99