3-4E-8: PROHIBITED ACTS AND CONDITIONS:

   A.   Fraudulent Or Misleading Advertising: It shall be unlawful for a licensee to advertise or cause to be advertised, goods, wares, or merchandise, for a closing-out sale, which do not conform to the representations of the advertisement. It shall be unlawful for a licensee to publish, or cause to be published, advertising falsely representing the reason for a closing-out sale.

   B.   Increasing Inventory: It shall be unlawful for any licensee publishing or conducting a closing-out sale, to purchase or add to the stock of goods offered for sale, any goods during the closing-out sale or during the effective period of the license, or to sell any goods at the closing-out sale except those on hand at the time of application for the license. (Rev. Ord. 1952, Comp. 1941, p. P-33)

3-4E-9: REVOCATION OF LICENSE:

If at any time during a closing-out sale, the city council shall determine that any of the provisions hereof or any of the statements in the application for the license were untrue, or have been or are being violated by the licensee, the city council may immediately revoke the license, and it shall thenceforth be unlawful for the licensee to continue the sale until a new license is issued in accordance with the terms of this article. (Rev. Ord. 1952, Comp. 1941, p. P-33)

3-4E-10: VIOLATION; PENALTY:

Any applicant for a license, or any licensee who shall violate, neglect or refuse to comply with any of the provisions of this article, or who shall make a false statement in any application for a license, shall be guilty of an offense, and upon conviction thereof, be punished as provided in the general penalty in Section 1-3-1 of this code, and any license issued shall be revoked. (Rev. Ord. 1952, Comp. 1941, p. P-33)

ARTICLE F. MOBILE FOOD BUSINESS

SECTION:

3-4F-1: Definitions

3-4F-2: License Required

3-4F-3: Exemption From License

3-4F-4: Application For License

3-4F-5: Issuance Of License

3-4F-6: Conditions Of License

3-4F-7: Transferability Of License

3-4F-8: Mobile Food Business On Public Property

3-4F-9: Mobile Food Business On Private Property

3-4F-10: Mobile Food Business At Special Events And Carnivals

3-4F-11: Hours Of Sale

3-4F-12: Insurance

3-4F-13: Music, Light, And Sound Making Devices

3-4F-14: Litter

3-4F-15: Appeal

3-4F-16: Denial, Suspension, Or Revocation Of License

3-4F-17: Penalty

3-4F-1: DEFINITIONS:

   A.   Mobile Food Vendor: A person or their employee engaged in the business of selling food or beverages from a mobile food unit.

   B.   Mobile Food Unit: A mobile food unit is defined as one of the following:

      1.   Food Truck: Any type of movable vehicle (motorized or self-propelled, including bicycles and scooters) driven to a location and used for vending food or beverage items to the public.

      2.   Food Cart: A non-self-propelled unit, including wagons and trailers, pushed or pulled to a location, and used for vending food or beverage items to the public.

   C.   Mobile Food Business: Any mobile food vendor, licensed as a food establishment, and engaged in selling food or beverages from a mobile food unit.

   D.   Catering Business: A business, social, or home catering service providing food and incidental services for a social affair, event, or for a private dwelling, which does not engage in the sale of food or beverage to individually paying patrons. (Ord. 5614, 8-16-2021)

3-4F-2: LICENSE REQUIRED:

Mobile Food Business License: It shall be unlawful for any person to engage in the sale of food or beverages to the public from a mobile food unit within the city without first obtaining a license from the city, in addition to any other state or county permits, certifications, and licenses. (Ord. 5614, 8-16-2021)

3-4F-3: EXEMPTION FROM LICENSE:

The following shall be exempt from this article:

   A.   Catering businesses as defined in Section 3-4F-1.

   B.   Concession stands associated with sports or recreational venues.

   C.   Persons who offer for sale unprocessed whole food of their own raising, such as farm stands or farmers market vendors.

   D.   A stand operated by a minor as defined by Section 137F.1(8)(n) of Iowa Code.

   E.   Route delivery persons who make deliveries at least weekly to fulfill customer orders. Route delivery persons who incidentally solicit additional business or make special sales shall be required to obtain a license.

   F.   Grilling and food preparation activities of brick and mortar establishments for immediate consumption by patrons or employees on the establishment premises.

   G.   Brick and mortar establishments delivering orders to customers. (Ord. 5614, 8-16-2021)