Loading...
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)
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)
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)
A. Contents Of Application: Applicants for a license under this article shall complete and submit to the city clerk an application, fee, and supporting documentation, all of which shall include but not be limited to the following information:
1. The full name, permanent address, and phone number of the applicant, along with at least one form of identification that includes a photograph of the applicant. The name, address, phone number, and identification that includes a photograph of an employee or manager serving as a local contact.
2. The address of all locations where the applicant will operate.
3. If operating a motor vehicle as part of the mobile food business, proof of a current operator's license.
4. If operating from a vehicle, the make, model, year, state of registration and license plate number of the vehicle. Each mobile food unit must be listed on the application.
5. A photograph of the mobile food unit and a diagram showing the mobile food unit in relation to other removable equipment to be used by the mobile food business, including seating and trash receptacles. The diagram should include the square footage of the space the mobile food business would propose to occupy.
6. Plans for disposal of liquid and solid waste and other material used in conjunction with the mobile food business.
7. A copy of an Iowa Sales Tax Permit.
8. Proof of valid food service license(s) from the state and/or county health departments if selling/handling food and/or beverages for human consumption.
9. A certificate of insurance and indemnification agreement as required in Section 3-4F-12 of this article.
10. Application Fee: One hundred dollars ($100.00) for a thirty (30)-calendar day license or three-hundred fifty ($350.00) for a one year license.
B. Filing: Applications shall be filed with the city clerk's office. No application shall be accepted for filing and processing unless it conforms to the requirements of this article. This includes a complete and true application, all of the required materials and information prescribed, and the appropriate application fee. The city clerk may charge an applicant a twenty dollar ($20.00) fee for filing an incomplete application or for failing to file an application on time.
C. Timely Filing: An application must be filed with the city clerk's office not less than fifteen (15) calendar days prior to the commencement of business or, for license renewals, the expiration date of the mobile food business license. The city reserves the right to reject any application not filed in a timely manner.
D. Investigation: Upon receipt of the complete application as required by this article, the city clerk shall forward the application to the police department, fire department, and planning and zoning for investigation and either recommend to the city clerk denial or approval of the license. A recommendation for denial shall be delivered in writing to the city clerk explaining reasons for the denial. If the application is denied as a result of an investigation conducted pursuant to this subsection, the applicant may appeal the denial pursuant to Section 3-4F-15.
1. The police chief or a designee shall conduct an investigation of the applicant as deemed necessary for the protection of the public health, safety, welfare, and good. The police chief or designee may require the applicant and employee or manager serving as a local contact to submit a sealed Iowa DCI background check to facilitate the investigation. The police chief or designee shall make a determination as to the applicant's character and business responsibility and whether issuing such license would harm the public good.
2. The fire marshal or designee shall inspect the mobile food unit for conformance to the International Fire Code.
3. Planning and Zoning Department shall review the application for conformance to Ordinance No. 5079, City of Waterloo Zoning Ordinance. (Ord. 5614, 8-16-2021)
A. If the city clerk finds the application is complete, fully executed, and made in conformance with Section 3-3F-4 of this article, the application fee and all outstanding fees owed to the city are paid, and upon investigation the facts stated therein are correct, the city clerk shall issue the license. If the city clerk denies the application, the applicant may appeal to the city council.
B. Term Of License: Licensees may choose to license their mobile food business for an annual or monthly term. An annual mobile food business license shall be valid for a period of one year. A monthly license shall be valid for a period of thirty (30) calendar days. A new application shall be timely filed prior to the expiration date of any mobile food business license. (Ord. 5614, 8-16-2021)
A. Fire department inspection required:
1. All mobile food units that have cooking facilities or use products with grease-laden vapors (class III and class IV state licenses) shall be inspected by the fire department prior to initiation of business operations within the city.
2. Inspections shall be required once annually and occur prior to the issuance of any new or renewed mobile food business license. It shall be the obligation of the mobile food vendor to schedule the inspection with the fire marshal or their designee and make the mobile food unit available for inspection or re-inspection. Class I and II state license classifications are not required to meet this inspection requirement.
3. All class III and IV mobile food units shall have an appropriate fire suppression system, as determined by the fire marshal.
B. Display Of License: Each mobile food business shall display such license issued by the city clerk. The license shall be displayed on the mobile food unit in a location easily viewable by the public. The license shall include a license number, the name and permanent address of the licensee, along with locations approved for conducting business.
C. Change In Application Information: Upon any change in any of the information required to be submitted as part of the application, the licensee shall, within seven (7) days of such change, notify the city clerk in writing and provide the updated information. In the event the mobile food business wishes to conduct business at a location not listed on the license, the license shall be returned to the city clerk's office and, upon site approval, an amended license issued listing the new location. The amended license shall be valid for the length of time remaining on the original license.
D. Fee: The fees listed in section 3-4F-4 shall be paid prior to the issuance of the license. Fees for said license are not refundable. (Ord. 5614, 8-16-2021)
A license issued under the provisions of this article is not transferable in any situation to any person and is only applicable to the person filing the application. The license is not transferrable to any location and the licensee shall only conduct business at locations listed on the license. (Ord. 5614, 8-16-2021)
A mobile food business operating on public property shall be subject to the following:
A. Mobile food businesses shall be limited to hard-surfaced areas.
B. No mobile food business shall operate within a parking lot directly adjacent to, or with direct access to, a concession stand while said concession stand is in operation.
C. Mobile food businesses may operate on the parking stall of a metered parking lot. The mobile food business shall be limited to obstructing parking stalls of two (2) parking meters and must obtain and pay for parking meter hoods from city parking services.
D. Mobile food businesses operating on city property shall be limited to hours of operation set by the City of Waterloo.
E. Mobile food units shall only conduct business each day during the hours listed in Section 3-4F-11. The mobile food business must remove the mobile food unit, equipment, and garbage from city property each day.
F. Mobile food businesses shall be prohibited from operating within city right-of-way. Mobile food unit businesses shall be prohibited from operating on or on a portion of the traveled portion of a street or sidewalk. Mobile food businesses shall not operate on a parking stall of a traveled street.
G. Requests to operate on city park or golf course property, Riverloop Amphitheater, Mark's Park, Expo Plaza, Center for the Arts, Waterloo Boat House, or any other city owned property or facilities shall be approved by the appropriate department director or designee. Proposed dates of operation shall be included on the application form and reviewed by the appropriate department.
H. Requests to operate on public property may be denied due to a lack of available or suitable infrastructure, unsuitable ground conditions, conflict with a scheduled event, public health or safety concerns, competition with city or golf course food sales, or any other reasonable cause. An applicant may appeal a denial pursuant to Section 3-4F-16. (Ord. 5614, 8-16-2021)
Loading...