[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:
MOBILE FOOD VENDOR
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.
MOBILE VENDOR 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.
PARKING LOT
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.
TRUCK/VAN/VENDING TRAILER/CART/STAND
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.
VENDOR SITE
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.
8. 
The other provisions of Chapter 605, Article I, related to business licenses shall apply.
[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:
1. 
Fraud, misrepresentation or knowingly false statement contained in the application for health permit or application for business license from the City of Kimberling City.
2. 
Fraud, misrepresentation or knowingly false statement in the course of carrying on permitted operations.
[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.