[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:
FIXED FOOD ESTABLISHMENT
A restaurant or food establishment where food is prepared or served that is a permanent fixed location.
MOBILE FOOD VEHICLE
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.
MOBILE FOOD VENDOR
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Violations of this article shall be subject to the penalty provided in Chapter 1, General Provisions, § 1-5, General penalty.