(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FOOD. Any raw, cooked or processed substance, beverage, water, ice or other ingredient used or intended for use in whole or in part for human consumption.
FOOD SELLER. Any person who operates any building, room, stand, enclosure, vehicle, space or area or other place where food is offered for retail sale with self-service, limited food preparation, or both. A microwave oven may be provided to heat purchased food. This section may be applied, but is not limited, to the following: gas stations, convenience stores, drug stores, bakers, butcher shops, candy shops/confectionaries, mobile food manufacturing or vending vehicle, grocery stores and health food stores.
RESTAURANT. Every building or structure kept, used, maintained, advertised or held out to the public to be a place where food is prepared and offered for retail sale with an on-site dining area.
(B) Special conditions applicable to food sellers operating mobile food manufacturing or vending vehicles. The following conditions only apply to food sellers operating mobile food manufacturing or vending vehicles.
(1) Food vendors may sell only prepackaged, nonperishable or self-limiting packaged food.
(2) Food vendors must park the vehicle at least 30 feet from an intersection and must park the vehicle in such a manner so as to avoid creating a traffic hazard. All vehicles must be parked within one foot of the curb. Sales must be made on the curbside only.
(3) Food vendors must provide a covered garbage receptacle for customer use.
(4) Hours of operation are allowed from 7:00 a.m. until 10:00 p.m.
(5) Food vendors must comply with all applicable city ordinances relating to noise control and vehicle identification with regard to their mobile food manufacturing vehicles.
(2001 Code, § 605.01)