[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]
A. The Director of Planning and Development may permit a mobile food
vendor based on the following criteria:
1.
Any permit is issued for special events in City-owned park locations
and shall specify the exact locations permitted.
2.
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.
3.
No merchandise, equipment, or materials shall be located on
a public sidewalk, street, right-of-way, or any other public property.
4.
The City-owned park area dedicated to the temporary vendor shall
not occupy more than two parking spaces or two hundred (200) square
feet; provided that no mobile food vendor shall occupy any designated
parking spaces for the disabled.
5.
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.
6.
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.
7.
Mobile food vendors shall obtain, in writing, the express permission
of the property owner.
8.
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.
9.
Mobile food vendors shall not sell alcohol.
10.
Mobile food vendor merchandise, equipment and other materials
shall be arranged in such a manner that vehicular and pedestrian traffic
is not impeded.
11.
No permanent improvements shall be constructed or installed
on the site to accommodate the mobile food vendor.
12.
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.
13.
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.
14.
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.
15.
The City may, from time to time, advertise for, solicit, or
otherwise make arrangements with one or more food truck operators
for City or City-owned business-sponsored food truck events to be
held in City-owned parks.
16.
Any application for special events on private property may be
allowed only with approval by the City Administrator on a case-by-case
basis.
17.
Permits are limited to no more than two (2) per year per private
property.
