[HISTORY: Adopted by the City Council of the City of El Reno
as indicated in article histories. Amendments noted where applicable.]
[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:
The Director of Community Development, or his designee.
Any article used for food, drink, confectionery, or condiment
by man or animal, whether the same be simple, mixed or compound.
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.
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.
Any wagon, trailer, cart, automobile, truck, pushcart, or
any other mobile equipment.
A.
No person shall sell, offer or expose for sale or have in his possession
with intent to sell directly from a vehicle to the consumer any food
product unless a license has first been obtained from the Director.
B.
A license issued pursuant to this section may, at the option of the
applicant, include special event licensing.
C.
Persons required to obtain a license pursuant to the provisions of
this article shall pay a fee (at the time of filing) to the City in
the amount set forth by resolution.
D.
The format of such license will be approved by the Director, and
such license shall be prominently displayed at the applicant's selling
location.
E.
Any person who shall manufacture, sell or distribute food or food
products without the license required by this section shall be guilty
of an offense and, upon conviction, shall be punished as provided
by resolution. Each day's continued violation of any of the provisions
hereof shall be chargeable as a separate offense.
A.
Contents of application. Applicants for a mobile food service license
under this article must file with the City a (verified) sworn application,
in writing, on a form to be furnished by the City, which shall give
the following information:
(1)
The name and residence of the applicant, if an individual;
(2)
The names and residences of the partners, if a partnership;
(3)
The names and residences of the principal officers, if a corporation;
(4)
A description, in detail, of the vehicle proposed to be used for
which the license is desired, including license number or other identification
of any vehicle used;
(5)
Proof that the food services establishment is licensed by the Oklahoma
Department of Health;
(6)
Verification that the applicant is bonded as a Group II vendor by
the State Tax Commission or other proof that sales tax has been or
is being paid on the merchandise sold or to be sold, if applicable.
B.
Each applicant, if the applicant does not operate a fixed, permanent
restaurant within the City of El Reno, shall file with the application
a certificate of insurance from the appropriate insurer that the applicant
has general liability and vehicular insurance in the amount required
by the State of Oklahoma.
C.
Each applicant shall have written permission of the property owner(s)
giving the applicant the authority to use the location desired. The
written permission must consist of the address where you will park,
the date and time and the owner's name and phone number. This information
must be accessible to show any City official if asked.
D.
The mobile food service must pass a life safety/fire inspection.
Such inspection shall be obtained at least seven days prior to opening
or event.
[Added 9-8-2020 by Ord.
No. 9240]
A.
A license must be obtained at least 48 hours prior to any actual
selling activity by the applicant.
B.
No mobile food vendor may stop for longer than 12 hours at a single
location or address in a twenty-four-hour period.
C.
All operators of vehicles from which food is sold under the provisions
of this article shall comply with all traffic regulations.
D.
The chosen location for issuance of a mobile food service license
is commercially zoned and does not extend onto the public right-of-way.
E.
Applicants shall not be allowed to conduct business in a residentially
zoned district.
F.
The applicant is aware of his responsibility to collect and pay sales
tax and the applicant is properly registered with the Oklahoma Tax
Commission. If the applicant is not properly registered with the Oklahoma
Tax Commission, the permit will not be issued.
G.
The applicant's business operation will not obstruct a safe line
of sight from any street or private drive used to exit the subject
property, or cause other sight-distance-related problems.
H.
No extra signs are allowed other than the permanent signs located
on the side of the trailer or vehicle.
[Amended 8-13-2019 by Ord. No. 9203]
There shall be license terms set for the following:
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.
A.
The Director may, without warning, notice, or hearing, suspend a
license issued pursuant to the provisions of this article. Suspension
is effective upon service of the notice as set forth hereinafter,
and operations shall immediately cease thereafter.
B.
The holder of the license shall be afforded an opportunity to appeal
to the Director within 10 days of receipt of notice. The holder of
the license or the person in charge shall be notified, in writing,
that the license is, upon service of the notice, immediately suspended,
the specific reasons therefor, and of an opportunity to appeal to
the Director within 10 days by the owner/holder of license. The Director
may end the suspension at any time if the reasons for suspension no
longer exist.
C.
A notice provided for in this section is properly served when it
is delivered to the holder of the license, or the person in charge,
or when it is sent by registered or certified mail, return receipt
requested, to the last known address of the holder of the license.
A copy of the notice shall be filed in the records of the regulatory
authority.
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.
