[Adopted as Sec. 7.05 of the prior Code]
The following words, phrases and terms, wherever they occur
in this article section, shall be interpreted as herein defined:
A restaurant or food establishment where food is prepared
or served that is a permanent fixed location.
A self-contained, movable food unit, including vehicles,
carts and trailers, where food is prepared, processed, served or sold
from, and which periodically or continuously changes location. A mobile
food vehicle does not include vehicles that are used solely to transport
or deliver food.
The owner of a Mobile Food Vehicle, hereinafter referred
to as "Vendor."
A.
It shall be unlawful for any person to operate a mobile food vehicle
within a public right-of-way, on public property, or from private
property open to the public in the Town of Rome, without first having
obtained a valid mobile food vending license as prescribed in this
article.
B.
No mobile food vending license shall be required and no license fee
shall be charged for any person or organization vending within an
event location area upon which a public event licensed or sanctioned
by the Town is occurring.
[Amended 3-3-2022 by Ord. No. 22-02]
A.
Any person
desiring to operate a mobile food vehicle will make written application
for a mobile food vending license to the Town Clerk/Treasurer. The
application for such license shall be provided by the Town Clerk/Treasurer's
office and shall include all of the following:
(1)
The
name, signature, and address of each applicant and of each member
or officer of a corporate applicant.
(2)
Vehicle
description, including make, model, vehicle identification number
(VIN), and license plate, of the mobile food vehicle.
(3)
A
valid copy of all necessary licenses, permits or certificates required
by the County of Adams, the State of Wisconsin, or any subsidiary
enforcement agencies or departments thereof.
B.
Upon receipt of an application for a mobile food vending license,
the Town Clerk/Treasurer may conduct a background check of an applicant
and any proposed operator of a mobile food vehicle, and may refer
to the Chief of Police or his or her designee who may make and complete
an investigation of the statements made in such application. Any such
investigation will be completed as soon as practicable. The Town Clerk/Treasurer
may refuse to register the applicant if any of the following is determined:
(1)
The application contains any material omission or materially inaccurate
statement.
(2)
The applicant was convicted of a crime, statutory violation or ordinance
violation within the last five years, the nature of which is directly
related to the applicant's fitness to engage in direct sales of food.
(3)
The applicant failed to comply with any requirements of local or
state agencies directly related to establishment as a mobile food
vendor.
C.
In review of the application, the Town of Rome may request additional
information of an applicant to determine if issuance of a mobile food
vending license to a particular applicant would be in the best interest
of the public.
D.
Any person denied a mobile vending license may appeal the denial
to the Town Board by filing a written statement within 14 days after
the date registration was denied, setting forth the grounds for appeal.
The Town Clerk/Treasurer will notify the applicant, at least 48 hours
prior to the hearing date, time and place of such hearing. Notice
will be personally served on the appellant.
[Amended 3-3-2022 by Ord. No. 22-02]
A.
All mobile food vendors shall pay an annual license fee. The annual
license fee for mobile food vendors shall be set by the Town Board
and must be paid to the Town at the time of application. This fee
shall not be prorated and is nonrefundable.
B.
Each mobile food vending license shall expire on March 31 of each
year.
C.
A mobile food vendor shall maintain and provide proof of liability
insurance, issued by an insurance company licensed to do business
in Wisconsin, for any single accident and for any property damage
in the amount not less than $1,000,000 per occurrence. Such liability
insurance shall be in effect at all times during the duration of the
mobile food license. Proof of current liability insurance, protecting
the food truck vendor, the public and the Town from all claims for
damage to property and bodily injury, including death, which may arise
from operation under or in connection with the license shall be delivered
to the Town Clerk/Treasurer prior to the issuance of the license.
If such insurance is canceled, not renewed, or changed during the
duration of the mobile food vending license, the licensee shall immediately
provide notice to the Town. Failure to maintain such insurance may
result in the suspension or revocation of the license.
D.
A mobile food vending license is not transferable from person to
person.
E.
The mobile food vending license must be permanently and prominently
affixed to the mobile food vehicle. A mobile food vending license
is not transferable between mobile food vehicles.
F.
A mobile food vending license acquired under this article may be suspended or revoked by the Town Board upon its finding, after notice to the license holder of the meeting at which suspension or revocation will be considered, that the terms of this article or a permit issued thereunder have been violated. The appeal process under § 234-25C of this article is available for license holders who have been suspended or revoked under this subsection.
A.
Mobile food vehicle vending locations shall be allowed in all areas
of the Town. All vendors will maintain the appropriate distances from
crosswalks and curbs. A mobile food vehicle shall be arranged for
waiting on customers and have customers line up in a way that avoids
conflict between customers and the traveling public, including pedestrians,
parked vehicles and moving vehicles. Mobile food vehicles are not
permitted on any public sidewalk. Mobile food vehicle locations are
not restricted on private property.
B.
A person with a valid driver's license of such a classification to
allow the operation of the mobile food vehicle shall be with the vehicle
at all times that any food service or sales activity is taking place
from the mobile food vehicle. Operators shall abide by all parking
and traffic laws, ordinances, statutes, rules and regulations at all
times, except that a mobile food vehicle that is of such a length
that it occupies all or a portion of two marked parking spaces may
park in said spaces as long as it abides by all other parking restrictions,
when applicable. The vendor is liable for any violation of this subsection.
C.
No person shall park or operate a mobile food vehicle in a location
adjacent to or within a two-hundred-foot radius of the nearest edge
of any building or section of a building comprising a licensed fixed
food establishment, excluding any patio, awning, or temporary enclosure
attached thereto. This requirement may be waived if the most recent
application for a mobile food vending license was submitted together
with the written consent of the owner of the adjacent licensed fixed
food establishment.
D.
Mobile food vehicles are allowed adjacent to or within parks within
the Town, but shall not be parked or operate in a location adjacent
to or within a two-hundred-foot radius of the nearest edge of any
building or section of a building located in a Town park that sells
food or beverages when such sales are occurring. The Town may regulate
the location where mobile food vehicles may locate within Town parks.
E.
Mobile food vehicles shall be prohibited from connecting to light
poles, utility poles, or any public source of electricity, water or
sewer, or to any tree or other public amenity. Where applicable, authorization
to use any utilities in Town parks may be granted by the Director
of Public Works. The vendor is liable for any violation of this subsection.
[Amended 4-16-2020 by Ord. No. 20-05]
F.
Mobile food vehicle vending hours on public property and in public
right-of-way are from 8:00 a.m. to 9:00 p.m. (Sunday through Thursday)
and from 8:00 a.m. to 10:00 p.m. (Friday and Saturday). Mobile food
vehicles must be closed, the area cleaned and the mobile food vehicle
removed by the later of the time specified or the end of an event.
For multi-day events, the end of the event shall be the last day of
the event. Mobile food vehicle vending hours are not restricted on
private property locations.
G.
Nothing in this article shall be deemed to supersede or repeal any
ordinance relating to noise, park closing hours, or parking, except
as specifically provided in the article. Vendors will take every precaution
to ensure that their operations do not materially affect the peace
and welfare of the general public nor cause any unreasonably loud,
disturbing and unnecessary noise or any noise of such character, intensity
or duration as to be detrimental to the life or health of any individual
or which is in the disturbance of public peace and welfare.
