[Adopted 6-13-2017 by Ord. No. 9109]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
DIRECTOR
The Director of Community Development, or his designee.
FOOD or FOOD PRODUCTS
Any article used for food, drink, confectionery, or condiment
by man or animal, whether the same be simple, mixed or compound.
PREPACKAGED
Bottled, canned, cartoned, securely bagged, or securely wrapped,
whether packaged in a food service establishment or a food processing
plant. It does not include a wrapper, carry-out box, or other nondurable
container used to facilitate food protection during service and receipt
of the food by the consumer.
PUBLIC RIGHT-OF-WAY
Any street or highway and property adjacent to streets and
highways which is dedicated to public use and over which the federal,
state or municipal government, or any agency, department or subdivision
thereof, exercises control and dominion; or any bridge, alley, sidewalk,
pedestrian way, stairs or elevator which is dedicated to public use
and over which the federal, state or municipal government, or any
agency, department or subdivision thereof, exercises control and dominion.
VEHICLE
Any wagon, trailer, cart, automobile, truck, pushcart, or
any other mobile equipment.
[Amended 8-13-2019 by Ord. No. 9203]
There shall be license terms set for the following:
B. Three months after issuance.
C. One day after license date.
Every vehicle used for the sale or distribution of food products
to a consumer shall be well constructed and enclosed with top and
sides. The interior walls and ceiling of the vehicle shall be of smooth,
durable material capable of withstanding repeated washing and scrubbing.
Each vehicle shall be kept well painted and in good repair, and in
good sanitary condition, and shall not be used for any other purpose.
Surfaces of all floors, walls and tops of compartments where foods
are kept shall be smooth, nonabsorbent, washable and clean.
Any person who shall violate any provisions of this article
shall be guilty of an offense and, upon conviction, shall be punished
as provided for by resolution. Each and every day such violation continues
shall constitute a separate offense.
[Amended 8-13-2019 by Ord. No. 9203; 9-8-2020 by Ord. No. 9240]
Any vendor operating under the exemption of a local license is still required to abide by §
205-3A(5),
A(6),
C, and
D. The provisions of this article shall not apply to:
A. The acts of merchants having a permanent place of business or their
employees in taking orders at the homes of their customers for goods
held by such merchants in stock at their places of business, nor to
the acts of such merchants or their employees in handling goods so
ordered at the homes of their customers;
B. Food sales at events that are not open to the general public or are
sponsored, catered, or hosted by a business or group;
C. Farmers or truck gardeners who offer for sale or sell, or who peddle
and sell from house to house, fresh fruits, vegetables, butter, eggs
and farm products produced and raised by such farmers and gardeners
from lands owned and cultivated or controlled by them;
D. Food sales permitted under a special event permit.
E. Hired and placed on property owned by municipal/local government,
county government, state government or public school district.