[R.O. 1998 § 610.280; Ord. No. 2913 §2, 8-5-2014]
As used in this Article, the following
terms shall have the meanings indicated:
MOBILE FOOD VEHICLE
A motorized vehicle (sometimes referred to as a "food truck")
which may temporarily park in an area designated by this Article and
engage in the service, sale, or distribution of ready-to-eat food
for individual portion service to the general public directly from
the vehicle upon issuance of a license by the City Clerk and conformance
with the regulations established by this Article.
MOBILE FOOD VEHICLE VENDOR
The registered owner of a mobile food vehicle or the owner's
agent or employee and referred to in this Article as "vendor."
[R.O. 1998 § 610.290; Ord. No. 2913 §7, 8-5-2014]
The provisions of this Article apply
to mobile food vehicles engaged in the business of cooking, preparing
and distributing food or beverage with or without charge upon or in
public and private restricted spaces. This Article does not apply
to ice cream vendors or sidewalk vendors.
[R.O. 1998 § 610.300; Ord. No. 2913 § 7, 8-5-2014; Ord. No. 3274, 7-5-2022]
A. It shall be unlawful for any person or
entity (including, but not limited to, any religious, charitable or
non-profit organization) to operate a mobile food vehicle within the
City of St. Ann without having obtained a license for such purpose
from the City Clerk.
B. The license required by this Article shall be issued in accordance with Chapter
605 regarding business licenses, merchants and business occupations. However, an annual business license rebate of fifty dollars ($50.00) shall be available for each mobile food vehicle license issued for business license year 2020, and subsequent years, upon application to the City for said rebate by the licensee.
C. All mobile food vehicle vendor licenses
issued under this Article shall be kept conspicuously posted on the
vehicle at all times.
D. Any person or entity desiring to operate a mobile food vehicle shall make a written application for such license to the City Clerk. The application for a license shall be on forms provided by the City of St. Ann and shall include, in addition to the information prescribed by the City Clerk under Chapter
605, the following:
1.
The name, signature, phone number,
e-mail address, home address, and business address of the applicant,
and the name and address of the owner if the applicant is not the
owner of the business.
2.
Three (3) prints of a full-face photograph,
taken not more than thirty (30) days prior to the date of the application,
of any person who will offer or sell any food or beverage under the
mobile food vehicle license and special event permit applied for.
3.
A description and photograph of the
mobile food vehicle to be used, including the license plate and registration
number, the vehicle identification number (VIN), year, make and model
of the vehicle, and dimensions, which shall not exceed thirty-six
(36) feet in length or nine (9) feet in width.
4.
Copies of all necessary licenses
and permits from St. Louis County.
5.
Proof of an insurance policy, in the amount of fifty thousand
dollars/one hundred thousand dollars/ten thousand dollars ($50,000.00/$100,000.00/$10,000.00)
issued by an insurance company licensed to do business in the State,
covering all claims for damages to property and bodily injury, including
death, which may arise from operation under or in connection with
the license or permit. Such insurance shall name the City as an additional
insured and shall provide that the policy shall not terminate or be
canceled prior to the expiration date without thirty (30) days' advance
written notice to the City.
E. A license
tax is hereby levied upon mobile food vehicle vendors for each separate
mobile food vehicle used pursuant to this Article. The fee for the
license required and imposed under this Article shall be a minimum
sum of one hundred dollars ($100.00). All vendors receiving a license
under this Article shall pay said license fee annually.
F. A separate
license shall be obtained for each vehicle used by the mobile food
vehicle vendor.
G. A license
issued under this Article shall be valid for a period of one (1)
year, unless suspended or revoked for cause, and shall not be assignable or
transferable.
H. Prior
to the issuance of a license, the City shall conduct an inspection
of the proposed mobile food vehicle.
I. Any
application for a mobile food vehicle license may be denied, and any
mobile food vehicle license may be suspended or revoked for any of
the following causes:
1. Fraud or misrepresentation contained in the license application.
2. Fraud or misrepresentation made in the course of operating the business.
3. Conduct that creates a public nuisance, or otherwise constitutes
a danger to the public health, safety, welfare or morals.
4. Conduct which is contrary to the provisions of this Article and Chapter
605.
5. Failure to comply with the provisions of this Article or any other
applicable rules or regulations promulgated by the City of St. Ann.
[R.O. 1998 § 610.310; Ord. No. 2913 §7, 8-5-2014]
A. No operator of a mobile food vehicle shall
park, stand or move a vehicle and conduct business within areas of
the City of St. Ann where the license holder has not been authorized
to operate. All mobile food vehicles shall operate in conjunction
with a special event permit that shall be reviewed and approved by
the Board of Aldermen.
B. All mobile food vehicles shall comply with
the following requirements:
1.
All equipment installed in any part
of the vehicle shall be secured in order to prevent movement during
transit and to prevent detachment in the event of a collision or overturn.
2.
All utensils shall be stored to prevent
being hurled about in the event of a sudden stop, collision or overturn.
A safety knife holder shall be provided to avoid loose storage of
knives.
3.
Compressors, auxiliary engines, generators,
batteries, battery chargers, gas-fueled water heaters and similar
equipment shall be installed so as to be accessible only from outside
the vehicle.
C. The customer service area for mobile food
vehicles shall be on the side of the truck that faces a curb, lawn
or sidewalk when parked. No food service shall be provided on the
driving lane side of the truck. No food shall be prepared, sold or
displayed outside of a mobile food vehicle.
D. No mobile food vehicle vendor shall provide
or allow any dining area within ten (10) feet of the mobile food vehicle,
including but not limited to table and chairs, booths, stools, benches,
or stand-up counters.
E. Mobile food vehicle vendors shall, at all
times, possess a valid St. Louis County peddler, solicitor, and street
vendor license and a valid Health Department permit.
F. All mobile food vehicle vendors shall provide
a waste container for public use which the vendor shall empty at its
own expense. All trash and garbage originating from the operation
of mobile food vehicles shall be collected and disposed of off-site
by the operators at least each day and as often as is reasonable to
protect the public health, safety, and welfare. Spills of food or
food by-products shall be cleaned up, and no dumping of gray water
within the City shall be permitted.
G. No mobile food vehicle shall make or cause
to be made any public nuisance.
H. No mobile food vehicle shall sound or permit
the sounding of any device which produces a loud and raucous noise
or use or operate any loudspeaker, public address system, radio, sound
amplifier or similar device to attract the attention of the public.
I. Signage is only allowed when placed on
mobile food vehicles. No separate freestanding signs are permitted.
J. No flashing or blinking lights, or strobe
lights are allowed on mobile food vehicles or related signage when
the vehicle is parked and engaged in serving customers.
K. Mobile food vehicles shall be parked in
conformance with all applicable parking restrictions when parked on
public streets.
L. Mobile food vehicles shall not, under any
circumstances, stop, stand or park a vehicle upon any street during
the hours when parking, stopping or standing has been prohibited by
signs or curb markings or is prohibited by statute or ordinance.
M. Mobile food vehicles shall not in any way
restrict or interfere with the ingress or egress of the abutting property
owner or tenant or otherwise hinder the lawful parking or operation
of other vehicles.
N. Mobile food vehicles shall not increase
traffic congestion or delay, or constitute a hazard to traffic, life
or property, or an obstruction to adequate access to fire, police
or sanitation vehicles.
O. Mobile food vehicles shall not stop, stand
or park upon any street, or permit the vehicle to remain in the roadway
except when at the curb for the purpose of vending therefrom.
P. A vendor shall not operate a mobile food
vehicle within five hundred (500) feet of any fair, festival, special
event or civic event that has been approved by the City of St. Ann
unless the vendor has been approved as a part of the event and issued
a special event permit authorizing him or her to operate.
Q. A vendor shall not operate on private property
without first obtaining written consent from the affected property
owner. A private property owner shall not permit parking by a mobile
food vehicle until a mobile food vehicle license and a special event
permit has been granted by the City.
R. Any power or fuel required for the mobile
food vehicle shall be self-contained, and a mobile food vehicle shall
not use utilities drawn from the public right-of-way. Mobile food
vehicles on private property may use electrical power from the property
being occupied or an adjacent property, but only when the property
owner provides written consent to do so. All power sources must be
self-contained. No power cable or equipment shall be extended at or
across any City street, alley or sidewalk.
S. Mobile food vehicles shall not operate
within:
1.
Fifteen (15) feet of any entranceway
to any building;
2.
Fifteen (15) feet of any driveway
entrance to a police or fire station;
3.
Fifteen (15) feet of any other driveway;
4.
One hundred (100 feet of a crosswalk
or intersection;
5.
Fifty (50) feet of any bus stop sign.
6.
Two hundred fifty (250) feet of an
existing restaurant building during the hours when such restaurant
is open for business.
T. The issuance of a mobile food vehicle license
does not grant or entitle the vendor to the exclusive use of any street
or parking space.
[R.O. 1998 § 610.320; Ord. No. 2913 §7, 8-5-2014]
A. Any person operating a mobile food vehicle
in violation of any provision of this Article shall be subject to
all other enforcement provisions of this Article.
B. Any license issued under this Article may
be revoked, suspended or not renewed by the City Clerk for failure
to comply with the provisions of this Article and any rules or regulations
promulgated by the City of St. Ann.