This Chapter
79 shall be known as "Food Vendors."
This chapter is designed to permit the outdoor service of prepared
foods in areas where it is appropriate and to promote and protect
the public health, safety and general welfare. Specific purposes of
this legislation are:
A. To ensure adequate space for pedestrians on the sidewalk adjacent
to outdoor service.
B. To preserve and enhance the character of the neighborhood where such
outdoor service is permitted in the Town and to protect the adjacent
areas.
C. To promote the most desirable use of land.
No permit shall be issued by the Town Clerk until a Code Enforcement
Officer has certified that:
A. The proposed outdoor service area will not interfere with pedestrian
or vehicle traffic or use of any other private or Town-owned portion
of property adjacent to the establishment or unit and will not, without
written consent, make use of any other Town-owned or other public
property or right-of-way adjacent to the establishment, except as
may be permitted in connection with the subject permit. The applicant's
operations shall be confined and limited to those shown on the permit
application as approved by the Town.
B. The applicant is in compliance with and has met all other applicable
provisions in this chapter and those in the Town of Lloyd Building
and Zoning Codes, and such use shall not present a public or fire safety
hazard.
C. Except as permitted under §
79-4B hereof, the operation of the outdoor service facility will be by the same person or entity as, or under written contractual agreement providing for such operation with, the principal operation on the premises.
Prior to the issuance of a permit, the applicant for a permit
shall present to the Town a binder, endorsement or unconditional certificate
of insurance (or other proof of insurance satisfactory to the Town
Attorney) clearly providing for comprehensive general liability, naming
the Town of Lloyd as additional insured, for combined single limits
of no less than $1,000,000 per occurrence and $1,000,000 general aggregate.
The same shall provide that no cancellation or material modifications
shall occur except upon 30 days' prior written notice to the
Town of Lloyd.
All outdoor service and adjacent areas shall be continuously
cleaned and kept refuse free. The outdoor service and adjacent areas
shall be swept and washed down each night just prior to closing and
at other times as needed. Permittee-owned trash containers shall be
maintained immediately adjacent to the point of sale. Permittees shall
collect all litter and debris within 50 feet of the point of sale
before closing business on each day and shall transport away all trash
and dispose of it in a legal and appropriate manner. However, the
same shall not be deposited in a Town-maintained public garbage container.
There shall be no storage of equipment on public property outside
of the permittees' actual hours of operations.
Outdoor dining activities, except pursuant to §
79-4B, may take place between the hours of 7:00 a.m. and 10:00 p.m. on all days of the week, except Sunday. Sunday hours shall be between 9:00 a.m. and 7:00 p.m. Operations pursuant to §
79-4B shall be limited to not earlier than 9:00 a.m. and not later than 1/2 hour before dusk on any day.
Except for permits issued pursuant to §
79-4B, music may be provided so long as it is not of a type or volume as to violate any applicable law or ordinance or create a nuisance to surrounding residents or property owners. Lighting shall be minimal and shall be installed so that no point source shall be observed for any neighboring properties, nor shall any other direct or indirect illumination from the source of light cause illumination in excess of 0.5 footcandle on any abutting property.
All furniture and fixtures used in conjunction with outdoor service must be of a temporary nature and must be brought in at closing time. Except as hereinafter permitted, no signage shall be permitted to be affixed to any temporary structures. For applicants operating under §
79-4B, signage shall be limited to one permanently mounted on the vending unit and one sandwich board sign located within five feet of the unit not to exceed four square feet on either side.
No applicant shall employ any moving display or flashing or
revolving light, nor shall applicants call out to passersby to attract
attention to their business.
The person or persons to whom a permit has been issued shall
be liable and shall indemnify the Town for any loss, damage, or injury
or expense sustained by the Town arising out of any claim or cause
of action whatsoever instituted or commenced by any person or persons
arising out of the issuance of such permit or as a direct or indirect
result of the operation under such permit.
A permit may be suspended or revoked by the Town Clerk, Code
Enforcement Officer or police officer for any of the following:
A. Violation by the applicant of any of the provisions of this Chapter
79, the permit issued hereunder, or of any code, rules, regulations or other provisions of law required to be abided by hereunder;
B. Any false or fraudulent material statement contained in the application
for permit; or
C. Any fraudulent or false material statement made in connection with
the sale of any item.
A violation of this chapter shall be subject to §
79-18 and in addition shall be punishable pursuant to any other applicable chapter of the Town of Lloyd Code.