[1]
Editor's Note — Ord. no. 4471 §1, adopted 11-4-2013, deleted art. XIII, §§605.1910 to 605.2080 of ch. 605, Street Vendors and enacted the new provisions set out herein. Former art. XIII derived from R.O. §§12-341 — 12-350, 12-361 — 12-363; Code 1969 §§36-1 — 36-7, 36-10 — 36-13; ord. no. 3656 §1, 6-21-1999.
Editor's Note — Section 1 of Ord. No. 4471, enacted on November 4, 2013, sets out that these regulations are only in effect for a twelve (12) month period, thus no longer being in effect as of November 4, 2014. The City is currently reviewing these regulations and will either repeal or amend this Article based upon that review.
[Ord. No. 4471 §1, 11-4-2013; Ord. No. 4603 §1, 1-5-2015]
The purpose of this Article is to promote the health, safety and welfare by permitting mobile food vendors and providing regulations for their operation on public and private property in the City of Brentwood.
[Ord. No. 4471 §1, 11-4-2013; Ord. No. 4603 §1, 1-5-2015]
A. 
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
ICE CREAM TRUCK VENDOR
Mobile food vendors typically known as "ice cream truck" vendors whose sales are limited to that of ice cream, frozen desserts, sherbets and ices. Ice cream truck vendors shall comply with all regulations of this Article except that they may operate in all zoning districts in the City of Brentwood, Missouri ("A" Single-Family, "B" Single-Family, "AR" Attached Single-Family, "MR" Multifamily Residential, "RSC" Retail Service Commercial, "GC" General Commercial, "PD" Planned Development, "UD" Urban Development and "LID" Light Industrial).
MOBILE FOOD VENDOR
Any person, whether owner, agent, consignee, or employee who, for any period of time, operates a mobile truck, trailer, or cart from which food is prepared and/or sold for immediate consumption that is not permanently fixed to a single location. Mobile food vendors shall be permitted to operate, subject to the regulations contained within this Article within City-owned parks. With the exception of City-owned parks, mobile food vendors are prohibited in the "A" Single-Family, "B" Single-Family, "AR" Attached Residential and "MR" Multifamily Residential Districts. This definition is not intended to include, nor shall it be interpreted to include, mobile food vendors typically known as "ice cream trucks" whose sales are limited to that of ice cream, frozen desserts, sherbets and ices.
MOBILE FOOD VENDOR OPERATION
Any time a mobile food vendor truck, trailer, or cart is parked and offering, or preparing to offer, food for sale and immediate consumption.
[Ord. No. 4471 §1, 11-4-2013; Ord. No. 4603 §1, 1-5-2015; Ord. No. 5152, 9-3-2024]
A. 
The Director of Planning and Development may permit a mobile food vendor based on the following criteria:
1. 
No mobile food vendor shall operate, conduct business, or have merchandise, equipment, or other materials visibly present on the property before 9:00 A.M. and after 10:00 P.M.
2. 
No merchandise, equipment, or materials shall be located on a public sidewalk, street, right-of-way, or any other public property.
3. 
No mobile food vendor shall occupy any accessible parking spaces.
4. 
Freestanding signs shall not be permitted. Signs shall be confined to those already attached, affixed, or applied to the truck, trailer, or cart used by the mobile food vendor. Under no circumstances shall any signs be permitted which violate any portion of the Revised Code of Ordinances of Brentwood.
5. 
Canopies, awnings, or umbrellas attached to the MFV's truck, trailer, or cart shall be permitted. However, tables, chairs or other customer seating provided by the MFV shall not be permitted.
6. 
Mobile food vendors shall obtain, in writing, the express permission of the property owner.
7. 
The area in and around the MFV's truck, trailer, or cart shall be kept clean and orderly. A receptacle for trash shall be provided. The MFV shall be responsible to clean up all trash, litter and spills within a minimum twenty-foot radius of the MFV's truck, trailer or cart.
8. 
Mobile food vendors shall not sell alcohol.
9. 
Mobile food vendor merchandise, equipment and other materials shall be arranged in such a manner that vehicular and pedestrian traffic is not impeded.
10. 
No permanent improvements shall be constructed or installed on the site to accommodate the mobile food vendor.
11. 
The mobile food vendor shall comply with all applicable local, County, City, and State ordinances and other laws and regulations, and shall not cause any nuisance or allow the presence of any deleterious condition.
12. 
The mobile food vendor shall provide motorized food truck vehicle insurance information [one million dollars ($1,000,000.00) liability insurance shall be provided]. The certificate of insurance shall name the City of Brentwood as an additional insured and indemnify and hold harmless the City of Brentwood.
13. 
A mobile food vendor permit fee shall be twenty-five dollars ($25.00). No permit shall be issued for a period longer than thirty (30) days.
14. 
The City may, from time to time, advertise for, solicit, or otherwise make arrangements with one (1) or more food truck operators for City or City-owned business-sponsored food truck events.
15. 
Any application for special events on private property may be allowed only with approval by the City Administrator on a case-by-case basis.
16. 
Permits are limited to no more than two (2) per year per private property.
[Ord. No. 5152, 9-3-2024]
Article XIII shall not apply to mobile food vendors operating in City of Brentwood Parks and Recreation facilities. Those mobile food vendors shall comply with the Parks and Recreation Food Truck Policies.