5.13.040   Issuance of permit.
A.   Within sixty (60) calendar days of receiving a complete application, the city manager, or the city manager's designee may issue an itinerant vendor permit to a food truck operator if he or she finds, based on all of the relevant information, that:
1.   The conduct of such food truck activity will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare or encourage loitering;
2.   The conduct of such food truck activity will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance by the food truck operator;
3.   The conduct of such food truck activity will not constitute a fire hazard;
4.   The conduct of such food truck activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the city;
5.   The food truck operator has paid any/all administrative fines associated with a previous violation of this chapter;
6.   The food truck operator has not had a previous itinerant vendor permit for food truck activity revoked by the city within the past five (5) years;
7.   The application for a food truck operator contains all required information and the food truck operator has not made a materially false, misleading or fraudulent statement of fact to the city in the application process;
8.   The food truck operator has satisfied all the requirements of this chapter;
9.   The food truck operator has paid the itinerant vendor permit fee;
10.   The food truck operator's truck and proposed activities conform to the requirements of this chapter;
11.   The food truck operator has provided adequate insurance to protect the city from liability associated with sidewalk vendor activities, as determined by the city manager or the city manager's designee;
12.   The food truck operator has not had an individual or business permit or license with any agency, board, city, county, territory, or state denied, revoked, restricted, or suspended within the last five (5) years; and
13.   The food truck operator has not been subject to an injunction for nuisance, as defined by state or local laws, within the last five (5) years. (Ord. 444 § 2, 2024)