[Ord. No. 11-45 §1, 9-7-2011]
This Chapter shall be known and may be cited as the "Mobile
Food Vendors Code".
[Ord. No. 11-45 §1, 9-7-2011]
As used in this Chapter, the following words shall have the
following meanings:
A motorized vehicle that includes limited kitchen facilities,
such as a refrigerator case and a warmer unit with an attached griddle,
for the sale of foods that are often prepackaged. Customer service
is generally walk-up at the vehicle or by delivery into a building.
Catering trucks include, but are not limited to, pickup trucks with
a food vending attachment added to the bed with sides that open to
display a refrigerated area for beverages, shelving for snacks or
food items and hot beverages.
The License Collector of the City of Bridgeton.
A mobile, non-motorized vehicle propelled by the operator
or towed behind a vehicle, which includes limited kitchen facilities,
such as a cold storage case or cooler, a warmer unit, a small griddle,
and small sinks. Customer service is generally walk-up at the cart.
Food vending carts include, but are not limited to, hot dog and frozen
treat sales.
A general classification of several types of mobile restaurants
including, but not limited to, food vending carts, catering trucks,
mobile kitchens, and temporary food stands, but excluding those vendors
who continuously stop-and-go and do not park at any one (1) location
to provide continuing service.
A motorized vehicle or tow-behind trailer, which includes
kitchen facilities, such as plumbing, hot water, mechanical refrigeration,
cooking equipment, and dry goods storage, used for the preparation
and sale of food and beverages. Food and beverages are primarily served
in disposable containers or disposable dishes. Customer service is
generally provided at a counter or window in the vehicle. Mobile kitchens
include, but are not limited to, concession trailers and trucks, mobile
cookers, and barbeque pits.
Restaurant, coffee shop, cafeteria, short order cafe, luncheonette,
tavern, temporary food stand, soda fountain, food vending cart, catering
truck, mobile kitchen, and all other eating or drinking establishments,
as well as kitchens or other places in which food or drink is prepared
for sale elsewhere.
A food and beverage service stand that is disassembled and
moved from location to location, but which operates no more than thirty-two
(32) days annually at any one location.
[Ord. No. 11-45 §1, 9-7-2011]
Mobile Food Vendors are "merchants", as such term is defined in Chapter 610 of this Code. Accordingly, every person shall, before doing or offering to do business as a mobile Food Vendor, procure from the Collector a business and occupation license in accordance with Chapter 610 of this Code. The issuance of such a business and occupation license shall be subject to the operator first acquiring the appropriate license or permit from the St. Louis County Health Department. Mobile Food Vendors shall pay to the Collector the "merchants tax" due under the provisions of Chapter 610 of this Code.
[Ord. No. 11-45 §1, 9-7-2011]
A.
Mobile
Food Vendors shall only be permitted in the zoning districts where
such use is specifically defined as a permitted use in the Bridgeton
Zoning Ordinance, provided that each respective Mobile Food Vendor
receives written permission from the corresponding private property
owner prior to operating on such property.
B.
Mobile
Food Vendors shall not be permitted to stand within public right-of-way
or on the grounds of any government office, facility, public park,
recreation area, or other similar public land within the City, which
is under the control, operation, or management of the City.
C.
Mobile
Food Vendors shall be prohibited on vacant, unimproved, or unpaved
lots.
D.
Mobile
Food Vendors shall not stand or operate within one thousand (1,000)
feet of another Mobile Food Vendor. For purposes of this Section,
the distance between any two (2) Mobile Food Vendors shall be measured
in a straight line, without regard to the intervening structures or
objects or political boundaries, from the closest exterior wall of
the vehicle, trailer, etc. from which each Mobile Food Vendor is located.
E.
Mobile
Food Vendors shall provide a trash receptacle with a self-closing
lid near the front of the vending counter for use by patrons. The
area around the vending unit shall be kept clean and free from litter,
garbage, and debris.
F.
Mobile
Food Vendors' vehicles and other equipment shall not be stored outdoors
overnight on any property within the City other than property owned
by the operator of the Mobile Food Vendor on which such operator has
a fixed-based food service operation.
G.
Mobile
Food Vendors may utilize outside seating consisting of one (1) portable
table with a maximum seating capacity of four (4).
H.
No Mobile
Food Vendor shall operate between the hours of 11:00 P.M. and 6:00
A.M.
I.
Sales
other than food and beverage items are prohibited.
K.
The use
by a Mobile Food Vendor of any temporary structure other than a vehicle
or cart described in this Chapter is prohibited.
L.
All exterior
lights shall be designed so that the light source is shielded with
an opaque material and is not visible at adjacent businesses or residences
at a height greater than five (5) feet.
M.
Mobile Food Vendors shall comply with the provisions of Section 205.410 of this Code (prohibited noises).
N.
Mobile
Food Vendors shall comply with all applicable Federal, State, and
local laws, rules, and regulations, including, without limitation,
applicable provisions of the Bridgeton Zoning Ordinance and all applicable
St. Louis County regulations.
[Ord. No. 11-45 §1, 9-7-2011]
A.
A business
and occupation license required by the Mobile Food Vendors Code may
be temporarily suspended by the City Clerk, or his or her assigns,
upon the violation by the holder of any of the terms of this Chapter.
B.
The owner,
manager, or operator of a Mobile Food Vendor that is in violation
of this Chapter shall be punishable by a fine of not less than one
hundred dollars ($100.00) for the first (1st) offense and not less
than two hundred fifty dollars ($250.00) for the second (2nd) and
subsequent violations, which fines shall be recovered for the use
of the City of Bridgeton. Each day that such unlawful act or violation
continues shall be considered a separate offense. In addition, the
City may seek recovery of costs and any other legal and equitable
remedies as may be available to the City.
C.
Any person
aggrieved by the decision of the City Clerk to suspend a license shall
have the right to appeal to the City Council. Such appeal shall be
taken by filing with the City Council, within fourteen (14) days after
notice of the suspension has been mailed to the licensee's last-known
address as shown in the City's Mobile Food Vendor licensing records,
a written statement fully setting forth the grounds for the appeal.
The City Council shall set a place and time for hearing the appeal,
and notice of such hearing shall be mailed to the licensee, postage
prepaid, at his last-known address as shown in the City's Mobile Food
Vendor licensing records, at least fifteen (15) days prior to the
date set for hearing. The City Council shall have the authority to
reinstate the permit, affirm the suspension, or fully revoke the permit.
The decision and order of the City Council on such appeal shall be
final and conclusive.
