[Ord. No. 1277, 7-15-2019]
This Chapter shall be known and may be referred to as the "Regulation
of Food Trucks."
[Ord. No. 1277, 7-15-2019]
The purpose of this Chapter is to regulate and control food
trucks and the business of operating a food truck within the City
of Troy, Missouri. The provisions herein are designed to provide protection
to the citizens of Troy, Missouri, through the proper regulation of
food trucks.
[Ord. No. 1277, 7-15-2019]
The provisions of Title VI, Business and Occupation, Chapter 605 of the City of Troy, Missouri, ordinances shall apply to this Chapter, and any license issued hereunder, specifically including, but not limited to, the provisions which address the issuance, suspension, revocation, denial or renewal of licenses, and penalty fees. However, the specific provisions of this Chapter shall control and take precedence over any provision of Title VI, Chapter 605, to the contrary. Any provision of this Chapter which addresses the same topic as Title VI, Chapter 605, but which is not in conflict with the provisions of Title VI, Chapter 605, shall be read in conjunction with and as an alternative to the provisions of Title VI, Chapter 605.
[Ord. No. 1277, 7-15-2019]
For the purposes of this Chapter, all words shall have their
common meaning and the following terms shall have the additional definition
as follows:
An automobile, motor vehicle, or trailer designed and used
for the storage, cooking, preparation, assembling, display, and/or
serving of a full or limited menu of single service food items from
the automobile, motor vehicle, or trailer for use by consumers.
The person or entity responsible for obtaining the business
license/license for operation of a food truck in the City of Troy,
Missouri.
The person or entity responsible for the licensure and operation
of the food truck; such term shall be interchangeable with food truck
licensee.
The period of time, including setup and closing, in which
a mobile food truck is open and selling individually portioned food.
[Ord. No. 1277, 7-15-2019]
A.
No business shall operate a food truck without first making application for and obtaining a business license from the City of Troy, Missouri, compliant with Chapter 605 and this Chapter. A business or person must pay the license fee fixed in this Chapter and obtain the license as required and prescribed by this Chapter, subject to the regulations hereinafter provided and the regulations of Title VI.
B.
An
applicant for a license for a food truck shall:
1.
Have all necessary approvals, licenses, and permits from the Lincoln
County, Missouri Health Department;
2.
Be appropriately licensed, with a valid license, by the Missouri
Department of Revenue;
3.
Show valid and current proof of insurance on the food truck which
is operating in the City of Troy at the time of licensure; and
4.
If the food truck is to be operated on a property with other food trucks at the same time, provide and display proof that the property on which the food truck will operate has an approved conditional use permit from the City to operate in Zoning Districts "C-1," "C-2," "C-3," "I-1," or "I-2," or pursuant to Section 240.050.
[Ord. No. 1277, 7-15-2019]
A separate business license shall be required for each food
truck wherein a business will operate from in the City of Troy, Missouri.
[Ord. No. 1277, 7-15-2019]
Each food truck shall apply for a business license on the form as provided in Section 605.040 of the ordinances of the City of Troy, Missouri. On the application, the business shall state the specific purpose of the business of which the license is applied for, as well as the description of the food truck which is licensed, the license plate of the food truck which is license, and the type(s) of food which the food truck will sell. The City of Troy, Missouri, shall charge and each business shall pay an annual license fee of fifteen dollars ($15.00). Each license issued shall be issued to extend to and terminate on the last day of June next following the effective beginning date of the license, except as otherwise provided by this Chapter or Chapter 605.
[Ord. No. 1277, 7-15-2019]
A.
No
food truck shall operate within the City unless permitted under this
Chapter. A food truck operator/food truck licensee shall be responsible
for compliance with the requirements of this Section. A food truck
shall:
1.
Follow all applicable City, local, State, and Federal laws and regulations;
2.
Unless otherwise allowed under this Chapter, operate only in commercial
districts ("C-1," "C-2," "C-3") and industrial districts ("I-1" and
"I-2");
3.
Not operate on a property where there is another food truck, unless
the property has a conditional use permit allowing multiple food trucks
to operate on the same property;
4.
Not operate in residential districts, "R-1," "R-2," "R-3," with the
exception that:
5.
Not operate or sell food on any City or State owned street, road,
or right-of-way and shall not operate in a City Park unless otherwise
allowed under the Ordinances of the City of Troy, Missouri, or by
the Board of Aldermen for the City of Troy, Missouri;
6.
Not trespass on any property and may only operate on property where
the food truck operator has been given express written permission;
7.
Not operate on property where a business has posted signs requesting
"No Solicitors" or "No Peddlers" and no food truck operator or person
shall contact such business or persons inside such business without
a specific invitation prior to the contact being made;
8.
Not impede traffic on public roads, public property, and/or public
thoroughfares;
9.
Move the food truck if it is impeding traffic or causes congestion
on public roads, public property, and/or public thoroughfares;
10.
Not operate with its order windows facing a public street if it is
within twenty (20) feet of the public street;
11.
Not use outdoor sound amplifying equipment, lights, or any other
illuminated or noisemaking devices, except that the food truck may
have lighting for a menu attached to the side of the food truck which
is not distracting to drivers on public roads and provides only enough
light for customers directly in front of or nearby the menu to read
such menu;
12.
Maintain proper licensure on the food truck in compliance with the
Missouri Department of Revenue rules;
13.
Maintain valid insurance on the food truck as required by Missouri
Law;
14.
Display their license issued by the City in a publicly visible place
on the food truck while it is operating;
15.
Present their license issued by the City, proper licensure of the
food truck in compliance with the Missouri Department of Revenue rules,
and proof of valid insurance on the food truck as required by Missouri
Law to any City Official or Law Enforcement Officer upon request;
16.
Not allow customers inside of the food truck;
17.
Only sell food items which are described on the license issued by
the City;
18.
Not store food or supplies for the food truck outside of the food
truck;
19.
Not sell any non-food items from the food truck;
20.
Not use or keep any additional equipment, including but not limited to chairs, tables, signs, etc., which will be stored or used or kept outside of the food truck, except that the food truck shall have one (1) refuse container as provided in Section 608.040;
21.
Provide during its hours of operation one (1) refuse container for
use by customers when the food truck is operational, with such refuse
container being placed close to the food truck so as not to impede
pedestrian or vehicular traffic;
22.
Contain all refuse generated from the food truck's operation within
the food truck, and the refuse/grease/trash shall be disposed of in
such a manner as to be compliant with the City Ordinances and the
Lincoln County Health Department regulations;
23.
Be operated in compliance with all applicable health laws or regulations
by the Federal, State and local governments, including but not limited
to the Lincoln County, Health Department;
24.
Not draw power from any public facilities, right-of-way, or improvements
without express permission of the City of Troy Board of Aldermen;
25.
Ensure that power cables and equipment shall be extended at grade
or overhead across any public street, alley, sidewalk, or other improvement;
26.
Comply with all parking restrictions of the City of Troy, and shall
comply with all reasonable directives of the City's Law Enforcement;
27.
Demonstrate that the food truck is readily movable if requested by
the City or property owner;
28.
Have a valid sales tax license; and
29.
Pay all sales tax when due to the State of Missouri.
[Ord. No. 1277, 7-15-2019]
A food truck must only be operated on property in which the
food truck operator has written permission to operate from. If parking
or remaining idle on private property in order to sell, offer for
sale, or display a food item, a food truck shall obtain prior, written
permission from the property owner(s) of such private property for
the time period the food truck plans to remain on such private property,
and the food truck operator shall keep such written permission in
the food truck at all times the food truck is parked or idle on any
such private property, and provide it upon request of any City Official
or Law Enforcement Officer.
[Ord. No. 1277, 7-15-2019]
If a food truck is operating at a location from more than sixty
(60) minutes, the food truck operator shall have a written agreement
from a business within one hundred fifty (150) feet of the food truck,
allowing employees of the food truck to have the use of flushable
restrooms or other facilities as approved by the local, State, or
Federal health authority(ies) during its hours of operation.
[Ord. No. 1277, 7-15-2019]
A.
The following types of businesses shall be exempt from the provisions of this Chapter, but shall be subject to any other regulations under Chapter 605:
1.
Businesses or persons making delivery of food that has been purchased
or ordered prior to its delivery;
2.
Businesses or persons making deliveries of food items being made
to other businesses for resale by the purchasing business or for the
purchasing business' business use;
3.
Businesses or persons operating ice cream trucks which operate in
residential zoned areas of the City;
4.
Businesses or persons which sell and make deliveries of frozen food
items directly to persons or households located in the City.
[Ord. No. 1277, 7-15-2019]
[Ord. No. 1277, 7-15-2019]
Any business or person violation any provision of this Chapter
shall be subject to a fine not exceeding five hundred dollars ($500.00)
for each day such business or person is in violation. Each day a business
or person violates this provision is a new violation subject to the
fine as is provided herein.
