[Ord. No. 19-04.03, 4-16-2019]
As used in this Chapter, the following words have the meanings indicated:
CITY-SPONSORED EVENT
Any event held by the City or a civic organization authorized to conduct said event on behalf of the City with budgeted funds or through the use of in-kind services.
ESTATE SALE
A sale conducted by a Missouri-licensed auctioneer, of all or substantially all of the items of personal property of an estate for the personal representative or the surviving family members of a decedent or a sale conducted by a Missouri-licensed auctioneer for an individual who has moved or is in the process of moving his/her residence. An estate sale shall not include garage sales or yard sales which involve only the sale of an individual's unwanted or unneeded items typically held in the individual's garage, driveway or yard.
MOBILE FOOD VENDOR
A person who travels from place to place upon the public ways to sell, or offers for sale, food from public or private property to consumers for immediately delivery and consumption upon purchase.
MOBILE VENDOR
A person who uses a vehicle that is self-propelled, pulled, trailered, or otherwise not a part of a permanent structure for the purposes of selling, distributing, or collecting any food items or merchandise for sale or trade.
PERMANENT FOOD ESTABLISHMENT
A fixed building which a person occupies on a continual basis and from which such person sells or offers to sell food for immediate delivery and consumption upon purchase. Such term shall not include a location where a mobile food vendor sells or offers to sell food.
[Ord. No. 19-04.03, 4-16-2019]
A. 
A mobile vendor may not conduct business in the City located in Land Use Residential Districts (R-1, R-2, R-3) or Open Space and Floodplain District (O), except as provided in Subsection (E).
B. 
A mobile vendor may conduct business in the City on privately owned property located in Land Use Commercial Districts (C-1/C-2), Manufacturing District (M) or Public/Semipublic District (P/SP) with written permission of the property owner on which property said business will be conducted. A copy of the written permission to operate in the specific location signed by the private property owner shall be kept within the mobile vending unit at all times and shall made available for presentation upon request.
C. 
A mobile food vendor shall not be located, positioned, or conduct business within fifty (50) feet of a primary entrance of an open and operating permanent food establishment.
D. 
A mobile vendor may not conduct business on any public street, right-of-way, or public sidewalk, unless one (1) or more of the following criteria are met:
1. 
Business is conducted within the purview of a City-approved or City-sponsored public event.
2. 
Business is conducted immediately in front of a commercial business establishment at the request of the property owner and formal notice to the City for no longer than a four-hour period and more than one (1) time per week, and that all utility connections are provided by the property owner.
3. 
The sale or offer for sale of agriculture products produced or raised by such a vendor from land occupied and cultivated by him/her.
E. 
A mobile vendor may conduct business in the City on privately owned property located in Land Use Residential Districts (R-1, R-2, R-3) or Open Space and Floodplain District (O) with written permission of the property owner on which property said business will be conducted if done in conjunction with an estate sale lasting not more than the lesser of two (2) consecutive days, but in no event shall the business be conducted beyond the time which the estate sale concludes. A copy of the written permission to operate in the specific location signed by the private property owner shall be kept within the mobile vending unit at all times and shall made available for presentation upon request.
[Ord. No. 19-04.03, 4-16-2019]
Mobile vendors conducting business in the City of Marceline must hold a valid occupational license (business tax receipt) per Title VI, Chapter 615, of the Marceline Code of Ordinances. Said receipt must be kept within the mobile vending unit at all times and shall be available for presentation upon request.
[Ord. No. 19-04.03, 4-16-2019]
A. 
Utility services may be provided by the private property owners located in Zones C-1, C-2, M, P/SP who are authorized to operate on their premises with written permission.
B. 
For sales authorized pursuant to Section 625.020(E), utility services may be provided by the private property owners located in Land Use Residential Districts (R-1, R-2, R-3).or Open Space and Floodplain District (O) who are authorized to operate on their premises with written permission of owner.
C. 
City utility services (water/sewer/electric) may be provided, if reasonably available, for City-sponsored events on public streets, rights-of-way, public sidewalks or in public parks. No extensions to existing service points will be made.
D. 
Any vendor vehicles with self-sustaining capabilities, and so choosing to operate as such, must operate so that exhaust and noise is not considered intrusive to any building or residence.
[Ord. No. 19-04.03, 4-16-2019]
A. 
Any person found in violation of this Chapter shall be subject to a fine as follows:
1. 
For the first violation within a twelve-month period, a fine not to exceed two hundred dollars ($200.00);
2. 
For the second violation within a twelve-month period, a fine not to exceed two hundred seventy-five dollars ($275.00);
3. 
For the third violation within a twelve-month period, a fine not to exceed three hundred fifty dollars ($300.00);
4. 
For the fourth and any subsequent violations within a twelve-month period, a fine not to exceed four hundred fifty dollars ($450.00).