[Ord. No. 423 § 605.360, 9-20-2016]
This Article is intended to provide for the health, safety and
welfare of patrons by enacting a process for licensing, inspecting,
and enforcing food code standards for mobile food vending operations
in the City of Kimberling City, Missouri.
[Ord. No. 423 § 605.370, 9-20-2016]
As used in this Article, the following terms shall have the
meanings indicated:
Any person who exhibits, displays, gives away, offers for
sale or sells any food or beverages, from any vending cart/stand from
a parking lot or other public designated location.
The designated locations are specified only in C-1 Central
Business Districts and C-2 General Commercial Districts, and a buffer
of five hundred (500) feet must be maintained between mobile food
vendors approved by the City of Kimberling City, unless otherwise
approved by the City.
All that area legally available to the public to use for
parking; or locations agreed upon for use by the legal owner, in writing,
of that parking lot.
Any showcase, table, bench, rack, handcart, pushcart, trailer
(permanent or non-permanent) or any other fixture, device or thing
which is used to display, exhibit, carry, transport, store, offer
for sale, or sell any food or beverages, upon the parking lot, right-of-way,
or property that has been approved by the owner and the City of Kimberling
City, in writing.
A specified location within a permitted area that is approved
by an owner of property or business where street or parking lot vending
may occur. The vendor location must be a geographic location with
a continuous border (i.e., a town square or designated square blocks).
[Ord. No. 423 § 605.380, 9-20-2016; Ord.
No. 484, 8-4-2020]
A.
All mobile food vendors shall be required to obtain a permit from
the Stone County Department of Health, as well as a business license
from the City of Kimberling City.
B.
All mobile food vendors shall submit a written and signed document
from the owner of the property requested as a vendor location. Such
document shall indicate the owner's consent to the mobile food vendor
using said location to operate a vending trailer, cart or stand.
C.
All mobile food vendors shall submit a parking plan detailing where
the vendor will be parked on the approved property. Such document
shall indicate placement and show that regular business parking will
not be impacted.
D.
Outdoor seating is permitted only after the City's receipt of a written
and signed document stating the number of seats and a plan for seating
from the owner of the property where the vendor is requesting to operate
its vending trailer, cart or stand, or the seating is in conjunction
with an approved special event.
E.
Mobile food vendors of any type must be located on a paved surface
large enough to accommodate the vendor and customer vehicles, unless
it is part of an approved special event.
F.
In the event the mobile food vendor is preparing and selling barbeque,
the vendor shall be required to operate its smoker under a tent or
canopy. Further, a mobile food vendor preparing and selling barbeque
shall be required to locate its hot box in an area where access is
restricted to the vendor and/or its employees only, unless such hot
box is located inside of a truck, van, trailer, etc., which prevents
patrons from being near the hot box.
G.
Hours of operation for any mobile food vendor operating in the City
of Kimberling City shall be between the hours of 7:00 A.M. and 10:00
P.M., unless otherwise approved by the City or as part of an approved
special event.
H.
Mobile
food vendor licenses shall run concurrent with the City of Kimberling
City licensing year. Licenses will be active from July 1st to June
30th of the following year. At the time of renewal mobile food vendors
will need an updated property owner approval letter, a 'no tax due'
statement from the Missouri Department of Revenue, an updated Stone
County Health Department certificate, and updated business insurance.
[Ord. No. 423 § 605.390, 9-20-2016]
A.
The provisions of this Article shall not apply to the temporary placement
of goods, wares, or merchandise on the sidewalk in the ordinary course
of delivery, shipment or transfer.
B.
Sidewalk vending by the owner or tenant of the abutting building
that takes place within six (6) feet of that building:
1.
If the business is preparing food within six (6) feet of its
building and it is a permitted permanent food establishment with the
Stone County Health Department, and the sale of food is taking place
inside the food establishment, then no vendor permit is required.
2.
If the business is preparing food outside of its building and
it is selling the food from that location outside the business, then
a vendor permit will be required.
3.
If the business is preparing food outside and it is not a permitted
food establishment, it will be required to obtain a permit from the
Stone County Health Department.
C.
All religious, educational, nonprofit, fraternal or civic organizations
shall be exempt from the fees authorized by the fee schedule.
[Ord. No. 423 § 605.400, 9-20-2016]
A.
It shall be unlawful for any person to engage in the business of
a mobile food vendor within the City of Kimberling City without first
obtaining a Kimberling City business license and health permit from
the Stone County Health Department. No license will issue unless applicant
can provide proof of a valid health permit from the Stone County Health
Department, or that one will be issued prior to operation.
B.
All Kimberling City business licenses issued under this Section shall
permit the mobile food vendor to conduct operations only at the vendor
site designated in an assigned location stated within the business
application filed with the City of Kimberling City.
1.
All mobile food vendors shall obtain a Kimberling City business
license unless they are participating in a permitted special event.
This will require sales tax identification for one (1) specific Kimberling
City address. Approved, licensed mobile food vendors will be licensed
for only one (1) address.
2.
The mobile food vendor will designate his or her site for approval in the Kimberling City business license application. The vendor will have a maximum of fourteen (14) days from the date of application to notify the City of Kimberling City and health inspector approving the permit of any site location changes. Site changes must be approved before the vendor moves. After fourteen (14) days have passed from the date of application, the permitted site that was last communicated (in writing) to the City of Kimberling City and Health Department shall become permanent. In the event the mobile food vendor wishes to move its operations to a different location after more than fourteen (14) days from the date of application have passed, a new application must be submitted to the City of Kimberling City. If the vendor has moved from the approved site without notification, he or she will be in violation of his or her permit and will have to begin the permitting process again and will be subject to the penalty provisions of Section 605.430.
3.
When applying for a license, applicants shall provide details
of the site location, license application, proposed menu, site plans
and mobile food vendor plans of the vending truck, van, trailer, cart
or stand.
4.
In the event a mobile food vendor who has received a license
under this Section ceases operation of its business for a period of
more than thirty (30) days, such license shall be considered terminated
and the vendor will be required to complete a new business application
with the City. Exceptions may be made by the City for any vendor that
discloses on its application that it will be closed down for periods
of time longer than thirty (30) days, or if the vendor notifies the
City, in writing, that it will be temporarily closing for a period
longer than thirty (30) days.
5.
Every license shall be non-transferrable.
6.
Mobile food vendors cannot operate under a license currently
issued for another business. Further, in the event the mobile food
vendor owns and operates a restaurant as well, the mobile food vending
operations will require a separate business license from the City
of Kimberling City.
7.
The license must be posted in a place visible to the public.
[Ord. No. 423 § 605.410, 9-20-2016]
A.
Mobile food vendors in the City of Kimberling City shall be required
to obtain a permit from the Stone County Health Department. Said permit
must be displayed by the vendor at the specific location at which
the food vending may take place, and the vendor shall not go out of
his or her approved location without prior approval.
B.
The health permit will allow the vendor to go to temporary events,
provided that they appropriately associate with the temporary event
organizer who has submitted a special event application with the City
of Kimberling City.
C.
The mobile food vendor is responsible for ensuring compliance with
the current food code adopted and enforced by the Stone County Health
Department.
D.
Vendors will be subject to unannounced inspections according to the
risk classification, as defined by the current food code adopted and
enforced by the Stone County Health Department.
[Ord. No. 423 § 605.420, 9-20-2016]
A.
Mobile food vendors are responsible for keeping the sidewalk, parking
lot, or street within twenty (20) feet of their stands clean of all
trash generated by their vending operations, and for washing that
area or any eating areas occupied by their stand in a manner that
will prevent rodent and/or pest infestation.
B.
Mobile food vendors must remove from the permitted site at the end
of each day all trash, litter, garbage, refuse and waste, including
but not limited to greasy cooking water, greywater, ashes, grease,
etc. generated by their vending operations. No greywater, ashes, or
grease may be deposited on the ground and must be disposed of in a
proper manner. No vendor may place or deposit any trash, litter, garbage,
refuse or any other wastes generated by his or her licensed operations
on the sidewalk, in any public receptacle, or on any private property
without the express permission of the property owner.
[Ord. No. 423 § 605.430, 9-20-2016]
A.
Permitted mobile food vendors may only use trucks, vans, trailers,
carts or stands that have been inspected and approved by the City
and by the Stone County Health Department and that are in compliance
with the food code adopted by the Stone County Health Department.
The application process shall address the dimensions, structural materials,
mobility, and other design aspects of the truck, van, trailer, cart
or stand, with the purpose of protecting public safety and also ensure
that the truck, van, trailer, car or stand are placed in permitted
locations and maintained in a neat, clean and orderly fashion.
B.
All mobile food vending trucks, vans, trailers, carts and stands
shall have a minimum of a three-compartment sink, hand wash sink,
and hot and cold running water.
[Ord. No. 423 § 605.440, 9-20-2016]
A.
No mobile food vendor shall:
1.
Conduct him/herself or his/her business in such a way as would
restrict or interfere with the ingress and egress of the abutting
owner or tenant, or in such a way as would create or become a nuisance
or hazard to public health, safety or welfare, or increase traffic
congestion or delay, or constitute an obstruction to adequate access
to fire, police, other emergency vehicles, or sanitation vehicles.
2.
Place a truck, van, trailer, cart or stand on a sidewalk at
any time.
3.
Load or unload merchandise for a period exceeding twenty (20)
minutes during operating hours and not to exceed thirty (30) minutes
before or after operating hours.
4.
Conduct sales form a vehicle not authorized by the City or in
a park, nor maintain any vehicle in parking spaces adjacent to mobile
food vendor sites.
5.
Leave any truck, van, trailer, cart or stand unattended during
operating hours.
6.
Any mobile food vendor preparing and selling barbeque is prohibited
from disposing of any greywater, ashes or grease that may result from
such process, onto the ground.
[Ord. No. 423 § 605.450, 9-20-2016]
A.
The violator of any provision of this Article as well as the current
food code adopted by the Stone County Health Department shall have
ten (10) days to correct the issue. If the violation is not corrected
and in compliance with this Article or the current food code, the
mobile food vendor will receive a warning of violation and will have
three (3) days to correct the issue or the vendor will have a license
suspension of up to thirty (30) days and will not be able to operate
until the suspension is over and/or the violation has been corrected.
If the mobile food vendor has not come into compliance within thirty
(30) days of the suspension, the vendor will have to reapply for a
mobile food vending license and will have a ninety-day waiting period
to obtain a new health permit.
B.
In the event any mobile food vendor fails an inspection performed
by the Stone County Health Department, it must comply with the requirements
set forth by the Health Department and/or the inspector to ensure
that the violations are corrected in the time frame given. Any failure
to correct the violations in the time frame given by the Health Department
and/or inspector can result in the health permit being revoked, as
well as the mobile vending operation being forced to close for a time
frame determined by the Health Department and/or inspector.
C.
Enforcement of code violations will be in compliance with the current
food code adopted and enforced by the Stone County Health Department.
D.
Any license issued under this Article may also be revoked for any
of the following reasons:
[Ord. No. 423 § 605.460, 9-20-2016]
The regulations contained in this Article shall be applicable
to all mobile food vending throughout the City of Kimberling City.
