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(A) Any mobile food vendor permit issued under the provisions of this chapter will expire at 8:00 o'clock p.m. on the date of expiration which is written on the permit, in any event not later than six months from the date of issuance.
(B) The Chief of Police shall complete a review of each application for a mobile food vendor permit and issue a permit within five business days of completion of the application, exclusive of weekends and holidays.
(Ord. 1054, passed 7-3-2023)
It shall be unlawful for any peddler/solicitor/transient merchant to engage in the business of peddling, selling or vending between the hours of 11:00 p.m. and 5:00 a.m. In addition, peddlers conducting business by soliciting at any residence shall not engage in such solicitation between the hours of 8:00 p.m. and 8:00 a.m.
(Ord. 1054, passed 7-3-2023) Penalty, see § 116.99
(A) Mobile food and beverage vending is prohibited where the vendor, the vendor’s vehicle or equipment, or the vending activity is blocking access to a public street, alley, bike path, sidewalk, or access to an adjacent property. They may operate in a lawful parking area of a street in a zoned residential area, but for no longer than 30 consecutive minutes on an individual city block, after which they must move to a different block. In zoned commercial or industrial areas of the city, the mobile food vendor must be parked off-street (such as in a parking lot) where sales are conducted in order to provide better safety for their customers.
(B) Mobile food and beverage vending may occur in a city park so long as the vendor is lawfully parked in a regular parking area and is not obstructing traffic or obstructing the view for fans of organized sporting events; provided, however, that mobile food and beverage vending is prohibited in any park where a concession contractor is operating in that park, unless the mobile vendor has first registered with the Finance Officer at least three weeks prior to the proposed usage; a public hearing is scheduled with the City Council with notice thereof published for one week prior to the public hearing; and after the public hearing, at which the city’s concession contractor shall be given the opportunity to be heard, the City Council may grant consent for the proposed usage.
(C) Mobile food and beverage vending is prohibited within the city between the hours of 11:00 p.m. and 5:00 a.m., except in residential areas where it is prohibited between the hours of 8:00 p.m. and 8:00 a.m.
(D) The above prohibited times and locations do not apply to mobile food vendors operating where a city-approved special event permit has been issued, during the hours of operation of that special event, and with authorization from the special event sponsor.
(Ord. 1054, passed 7-3-2023) Penalty, see
§ 116.99
Mobile food and beverage vendors shall:
(A) Operate according to the applicable statutes and regulations of the State of South Dakota for health and safety;
(B) Provide a sufficient trash bin for public use and remove all garbage within 25 feet of the vendor’s food truck or food cart;
(C) Not sell or distribute alcoholic beverages;
(D) Not broadcast loud noise that results in a nuisance to the surrounding properties.
(Ord. 1054, passed 7-3-2023)
Any registration that authorizes a person to operate as a peddler under the provisions of this chapter may be revoked by the issuing city official or designee for the violation by the permittee of any provision of this chapter. Upon such revocation being communicated to the peddler, the peddler must immediately cease from any further activities provided for by this chapter. Failure to cease upon notification shall be unlawful; such permit shall immediately be surrendered, and failure to do so shall be an offense. The revocation may be appealed to the City Council by the vendor filing the written appeal with the Finance Officer not more than ten days after revocation by the city official is communicated to the vendor.
(Ord. 1054, passed 7-3-2023) Penalty, see § 116.99
Any person who violates any of the provisions of this chapter shall be guilty of a Class 2 misdemeanor and shall be punished under the authority of and pursuant to § 10.99.
(Ord. 1054, passed 7-3-2023)