Vendors seeking to obtain a concessions permit under this chapter must complete the following requirements before consideration can be made.
(A) Application. Vendors must file an application with the City Clerk on an application form provided by the city. Application forms may be obtained through the office of the City Clerk and should contain the following information, along with any other information the city deems pertinent:
(1) If the vendor is an individual, the individual’s name, permanent home address, and other personal identifying information needed to contact or identify the vendor;
(2) If the vendor is an association, company, partnership, or corporation, the legal name of the entity and any dba’s that the entity associates as, along with the legal name, permanent home address, and other personal identifying information of the responsible party who will be acting to manage the mobile concessions while in operation;
(3) Description of the food, beverage, good, ware, merchandise, or service offered for sale or rent by the vendor;
(4) Description and identifying information of any vehicles to be used in the course of operating mobile concessions;
(5) Information relevant to identify the criminal history of the vendor or those individuals who will be acting to manage the mobile concessions while in operation;
(6) A letter of certificate of approval from the Panhandle Health District, if required by the rules and regulations of the District for the operations to be conducted;
(7) Proof of a state food handler’s certification for all workers required by law to possess the same for the operations to be conducted;
(8) Proof of liability insurance for any mobile concessions operated on public property;
(9) Proof of workers’ compensation insurance, unless otherwise exempt under state law;
(10) State sales tax license number and/or state business filing number and/or state seller’s permit, where applicable; and
(11) Copy of current government-issued photo identification of the vendor or those individuals who will be acting to manage the mobile concessions while in operation.
(B) Background check. Vendors must provide information and fingerprints necessary to obtain criminal history information from the State Police Bureau of Criminal Identification for the vendor and any employees who will be operating mobile concessions within the city. The city is authorized to receive criminal history information from the state police for the purpose of evaluating the fitness of vendors for permitting. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. Persons convicted of a felony offense within five years prior to the date of application are prohibited from operating mobile concessions within the city. Background check applications can be obtained through the office of the City Clerk, and vendors are responsible for all fees associated with the background check process.
(C) Fees. An application fee, background check fee, and permitting fee will all be required of applicants to obtain a concessions permit. The amount of said fees may be established by resolution of the City Council.
(1) The application fee and background check fee shall be due at the time of application and required before an application will be reviewed.
(2) The permitting fee shall be due after a successful applicant has been notified of his or her approval and be required before a concessions permit will be issued to the vendor.
(D) Review process. Once a completed application packet has been received by the City Clerk, the city will begin the review process and submit the background check application to the appropriate authority. Once the background check has been completed, the city will notify the vendor within 14 days of the city’s decision whether to grant the concessions permit. Permits that are granted will be available for pickup at the office of the City Clerk once a vendor has been notified of their issuance.
(E) Approval of application. A vendor who has met all of the requirements of this chapter should be issued a concessions permit unless the city makes specific findings that issuance of a permit would be contrary to the public health, safety, or welfare of the citizens of the city.
(F) Appeal of denial. A vendor aggrieved by a denial of the city to issue a permit under this chapter shall have the right to appeal the decision to the City Council. Such appeal shall be filed with the City Clerk within five days from the date of denial and must be in writing, setting forth the reasons such permit should not have been denied. The City Council shall hear the appeal within 14 days after the filing thereof and shall render its decision immediately following the hearing. An aggrieved vendor may further appeal the decision of the City Council by doing so in accordance with state law.
(Ord. 2020-01, passed 3-11-2020) Penalty, see § 113.99