[Added by Ord. No. 1208, 5-9-2017; amended 12-6-2022 by Ord. No. 1318]
Mobile food vending is a popular and diverse part of local economies
across the United States. The City wishes to support economic development,
foster opportunities for small businesses and encourage mobile food
vending. The City also seeks to increase consumer access to desired
local foods.
Mobile food vendors provide a beneficial service to the general
public within the city while, due to their distinct manner of operation,
also presenting substantial differences of circumstances from other
food retailers and vehicle users which suggest the expediency of diverse
legislation. It is, thus, desirable to regulate, and require licenses
for, mobile food vendors so that their transitory use of various properties
and right-of-way locations can occur in a safe manner, ensuring that
public safety and welfare can be protected. The purpose of this Article
is to enact regulations to serve these goals.
[Added by Ord. No. 1208, 5-9-2017; amended 12-6-2022 by Ord. No. 1318]
For the purpose of this article the following terms shall have
the meanings respectively ascribed to them:
CATERER
Shall mean a person who transports ready-to-eat food from
a permitted food service establishment to another location or building
for service on a per event basis for hire, and does not include a
temporary food service event.
FOOD
Shall mean any raw, cooked, or processed edible substance,
beverage, ingredient, ice, or water used or intended for use or for
sale in whole or in part for human consumption.
FOOD TRUCK PARK
Means any parcel of privately-owned land where two or more
mobile food trucks or concession trailers congregate on a continuous,
regular basis selling food or beverages to the public.
MOBILE FOOD VENDOR
Shall mean a person who by traveling from place to place
upon the public ways sells or offers for sale food from public or
private property to consumers for immediate delivery and consumption
upon purchase. The following activities are excluded from such definition,
and, alone, do not subject a vendor to being covered by such definition:
(a) the sale or offer for sale of farm products produced or raised
by such a vendor from land occupied and cultivated by him/her; or
(b) the sale or offer for sale of food by a caterer.
[Added by Ord. No. 1208, 5-9-2017; amended 12-6-2022 by Ord. No. 1318]
It shall be unlawful for any person to sell or offer for sale
food as a mobile food vendor or operate as a mobile food vendor within
the City unless such person complies with the requirements and regulations
of this Article, including holding a valid and active mobile food
vendor license issued by the City Clerk under this Article. Copy of
registration and proof of insurance.
[Added by Ord. No. 1208, 5-9-2017; amended 12-6-2022 by Ord. No. 1318]
An applicant for a license pursuant to this Article shall file
with the City Clerk a signed application on a form to be furnished
by the City Clerk, which shall contain the following information:
1. The applicant's business name, address, and phone number; and e-mail
address, if any;
2. If the applicant is a corporation, partnership, or other entity,
the names of all officers and managers of such entity;
3. If food is to be sold from any motor vehicle, the vehicle license
numbers and descriptions of all vehicles from which the applicant
proposes to sell food, and the names of all persons expected to drive
such vehicles;
4. The description of the general type of food items to be sold;
5. Documentation from the Douglas County Health Department showing its
approval of the applicant's sale of food, if required;
6. A copy of the State of Nebraska sales tax permit, or proof of an
applicable sales tax exemption, for the applicant;
7. A copy of the vehicle registration and proof of insurance.
8. Such other information as the City Clerk may require and as requested
in the said application form.
[Added by Ord. No. 1208, 5-9-2017; amended 12-6-2022 by Ord. No. 1318]
1. Upon receipt of a complete application for a license pursuant to
this Article, the City Clerk shall make or cause to be made any inquiry
or investigation that may be necessary to determine whether the applicant
is in compliance with the provisions of all applicable laws and this
Code. The City Clerk may request and take into consideration the recommendations
of other affected departments of the City.
2. After receipt of the completed application and application fee, the
City Clerk shall either approve or deny the application. Grounds for
denial may include, but are not limited to, the following:
a. A finding that the application is incomplete;
b. The nonpayment of applicable fees;
c. A finding that the application is not in conformance with any applicable
laws or this Code;
d. A finding that the applicant has been convicted of three or more
separate violations of the provisions of this Article within the 12
months preceding the submission of a complete application.
3. Appeal. A license applicant may file an appeal with the City Council
in the event their application is denied by the City Clerk made under
this Section.
[Added by Ord. No. 1208, 5-9-2017; amended 6-7-2022 by Ord. No. 1309; 12-6-2022 by Ord. No. 1318]
There shall be no fee associated with this license.
[Added by Ord. No. 1208, 5-9-2017; amended 6-7-2022 by Ord. No. 1309; 12-6-2022 by Ord. No. 1318]
A license issued under this Article shall expire on December
31 of each year, unless renewed for the following year by the licensee.
The licensee shall renew the license for the following year by filing
with the City Clerk, on or before December 31, a registration updating
or confirming the information provided in the immediately preceding
license application or registration. The registration shall be on
a form provided by the City Clerk.
[Added by Ord. No. 1208, 5-9-2017; amended 12-6-2022 by Ord. No. 1318]
Mobile food vendors shall comply with the following regulations:
1. A motor vehicle from which a mobile food vendor sells or offers to
sell food shall not exceed 40 feet in length and 96 inches in width.
A mobile food vendor selling or offering the sale of food from or
using a trailer or other auxiliary equipment shall, during such operations,
keep the trailer or auxiliary equipment hitched to an operable motor
vehicle towing it, unless otherwise permitted by the city in association
with an authorized street show, festival, parade, block party, food
truck park, or similar event. An attached trailer or other auxiliary
equipment shall not exceed 96 inches in width, and the combined length
of the motor vehicle and trailer or auxiliary equipment shall not
exceed 60 feet. The maximum dimensions in this subsection may be exceeded
by a particular motor vehicle, trailer, or piece of equipment, if
approved by the City Clerk upon a mobile food vendor's application
for a waiver.
2. A mobile food vendor shall not conduct business on a sidewalk or
street in any of the following places:
a. Within 10 feet of the intersection of the sidewalk with any other
sidewalk, except that the Chief Building Official may waive this restriction.
b. Within 10 feet of any handicapped parking space or access ramp.
c. Within 15 feet of a fire hydrant.
d. From a location or position which would involve customers to be waited
on or served while standing in a lane or a street traversed by motor
vehicle traffic.
e. From a diagonal parking space, unless specifically authorized by
the City Administrator.
3. A mobile food vendor who sells or offers to sell food from a location
shall first obtain and possess, and be able to exhibit upon request,
written consent of the owner of such property.
4. A mobile food vendor shall not sell nor offer to sell food from city
park property or Right of Way unless he/she possesses the written
consent of the City Administrator.
5. A mobile food vendor shall not sell nor offer to sell food from a
school property unless he/she possesses the written consent of an
authorized representative of the school.
6. A mobile food vendor shall possess and be able to exhibit his/her
license under this article, all required Douglas County Health Department
permits, a State of Nebraska sales tax permit or proof of sales tax
exemption, and any other written consents or documentation required
under this article, at all times during which the mobile food vendor
is selling or offering to sell food.
7. An authorized employee of the public works or police departments
may order a mobile food vendor to move from or leave a specific location,
if the operation of the mobile food vendor at that location causes
an obstruction to vehicular or pedestrian traffic or otherwise endangers
the health, safety, or welfare of the public. The City may tow or
otherwise move a mobile food vendor's vehicle or other auxiliary
equipment to another location if the vehicle or equipment presents
a danger to public safety and the mobile food vendor fails to move
the same. The City Clerk shall provide to the mobile food vendor a
written explanation for any such order, upon written request by the
mobile food vendor to the City Clerk.
8. An individual representative of the mobile food vendor shall be present
with the motor vehicle and other auxiliary equipment operated by the
mobile food vendor at all times that it is parked in City right-of-way
or on City property, and at all times that it is parked on private
property at a location where food is or will be offered for sale.
9. A mobile food vendor may sell or offer to sell food seven days a
week, but only from 6:00 a.m. to 2:30 a.m. It shall be unlawful for
a mobile food vendor to sell or offer to sell food at any other times.
Notwithstanding this subsection, upon evidence of endangerment of
public safety, the chief of police or his/her designee may further
limit hours of operation for all mobile food trucks within the City,
as needed for the protection of public safety, for a period of no
more than 30 consecutive days at a time.
10. A mobile food vendor using a motor vehicle shall maintain a motor
vehicle liability insurance policy for such motor vehicle as required
by state law, and shall exhibit proof of such policy when requested.
11. A mobile food vendor shall maintain in operable condition all fire
suppression equipment or devices as required by local, state or federal
law.
12. Mobile food vendors may only sell alcohol pursuant to a valid liquor
license issued in accordance with Nebraska state law.
13. A mobile food vendor shall visibly display his/her business name
on his/her motor vehicle or auxiliary equipment.
14. A mobile food vendor shall provide trash receptacles for the collection
of trash and recyclable materials, in sizes sufficient to serve his/her
customers. Prior to leaving a location, the mobile food vendor shall
pick up and properly dispose of any trash, litter, or recyclable materials
within 20 feet of the location. Receptacles and their contents shall
be removed from the location for proper disposal or recycling, and
contents shall not be deposited in public trash or recycling containers
on city right-of-way or city property.
15. A mobile food vendor shall comply with all City ordinances regulating
noise.
[Added by Ord. No. 1208, 5-9-2017; amended 12-6-2022 by Ord. No. 1318]
1. Grounds. A license issued under this article may be revoked or suspended
by the City Administrator for any of the following reasons:
a. Any fraud, misrepresentation, or false statement contained in the
application for license;
b. Any fraud, misrepresentation, or false statement made in connection
with the selling of food;
c. Any violation of this Article or any applicable laws or provisions
of this Code;
d. Conducting the business licensed under this article in an unlawful
manner or in such a manner as to constitute a breach of the peace
or a menace to the health, safety, or general welfare of the public.
2. Multiple convictions of violation of this Article or of any similar
article. The City Clerk shall revoke a license issued under this Article
for any mobile food vendor who is convicted of three or more separate
violations of the provisions of this Article or of any similar article
in effect in any other jurisdiction within any consecutive twelve-month
period. For purposes of this Section conviction shall mean any finding
of guilt or liability on the part of the mobile food vendor by a court
of competent jurisdiction, and shall include any conviction that has
previously been set aside.
3. Notice. To revoke or suspend a license, the City Clerk shall provide
written notice to the license holder stating the revocation or suspension
action taken, the grounds for such action, and the availability of
an appeal under this section. Such notice shall be served personally
upon the license holder or sent by regular U.S. mail to the license
holder's address as stated in his/her application.
4. Appeal. A license holder aggrieved by the decision of the City Clerk
under this Section may file an appeal with the City Council.
5. Re-application. A person whose license has been revoked under this
Article may not reapply for a new license for a period of six months
after the effective date of the revocation.
Editor's Note: Section
10-1810, Penalty, was repealed by Ord. No. 1303. Prior history includes Ord. No. 1208.
[Added by Ord. No. 1208, 5-9-2017; amended 12-6-2022 by Ord. No. 1318]
Food truck parks shall be subject to the following regulations:
1. A food truck park shall only be permitted to operate with an approved
conditional use permit in zoning districts designated in the Ralston
Zoning Ordinance.
2. Food truck park operators must ensure that vendors have potable water
hookups, approved wastewater drainage facilities, approved grease
interceptor hookup(s), and any other accommodations required to ensure
compliance with all regulatory codes, including but not limited to
the local health authority.
3. The food truck park shall retain valid copies of all required licenses
for each mobile food vendor operating on site.
4. The food truck park shall obtain a Certificate of Occupancy from
the City.
5. A mobile food truck or concession trailer shall not have a drive
through.
6. There shall be a minimum of 10 linear feet of clearance between all
individual mobile food truck or concession trailers. A site plan showing
the layout of the food truck park and the placement of the units must
be submitted.
7. Restroom requirements shall be based on the proposed maximum occupancy
for the property as submitted by the applicant in his/her conditional
use permit application and approved by Planning Commission and the
Building Official.
8. Adequate lighting to enable clear and unobstructed visibility of
food truck park vendors and patrons shall be provided on all entrances
and exits of the food truck park area, and along each corner side
of the park area including along the sides of any buildings. No light
shall be emitted to any surrounding properties.
a. Waste receptacle container(s) shall be provided on site as determined
by the public works department based on the lot size and the amount
of solid waste generated by the mobile food vendors on site.
b. Each food truck/trailer shall be located in an all-weather surface
(i.e., asphalt or concrete), and in no case shall they be parked on
an unimproved surface.
c. Any dining areas or outside seating within the food truck park shall
be paved with an all-weather surface.
d. Mobile food trucks and concession trailers must meet all applicable
laws regarding mobile food vendors as described in the International
Building Code (IBC) and the National Fire Protection Association 1
(NFPA 1), as adopted and amended by the City.
e. When required, mobile food trucks and concession trailers must be
equipped with commercial mechanical facilities sufficient to provide
proper cooking ventilation and fire suppression for eating establishments,
as establishments under the city's adopted building codes. All
equipment on the vehicle is to be NFS International approved, American
National Standards Institute (ANSI) approved, or of commercial grade.
f. Electricity shall be from a generator or permanent connection in
a food truck park and the mobile food trucks and concession trailers
shall utilize electrical cords in conformance with the National Electric
Code as adopted and amended by the City.
g. Must comply with the City's noise ordinance.
h. All mobile food truck/trailer vendors shall comply with all other
applicable state and local laws applicable to food vendors and handlers.
[Added by Ord. No. 1208, 5-9-2017]
1. The City finds that the City's various and diverse neighborhoods
and business districts have differing characteristics, and will be
affected in varying ways by the operations of mobile food vendors.
Thus, it is appropriate to provide for the creation of special districts
subject to special rules governing mobile food vendors.
2. The City Council may by ordinance establish a special district with defined geographic boundaries, and adopt special rules governing mobile food vendors to be applied, based on a reasonable showing of public health and/or public safety concerns demonstrating the need for different operation of mobile food vendors, within such special district. "Special rules" shall mean rules governing mobile food vendors that modify the general rules stated in §
10-1808, within that special district only. If adopted, such special rules shall take precedence over any conflicting general rules in §
10-1808. The special rules shall not prevent mobile food vendors from operating within the special district. The general rules in §
10-1808 shall continue to apply in a special district, unless specifically modified by the special rules.
3. An application for the establishment of a special district may be
submitted to the public works City Clerk by a neighborhood association
that is registered as such with the planning department, or by a business
improvement district. The proposed special district must lie within
the geographic boundaries of such neighborhood association or business
improvement district. An application by a neighborhood association
or business improvement district shall contain:
a. A map indicating the boundaries of the proposed special district;
b. The name of the proposed special district;
c. The text of the proposed special rules to be applicable in the special
district;
d. A copy of the signed resolution of the Governing Body of the business
improvement district or neighborhood association approving the proposed
special district and special rules;
e. Documentation showing that an official of the business improvement
district or neighborhood association discussed the proposed special
district and special rules with mobile food vendors who primarily
operate in the proposed special district; and
f. Enumeration of the specific reason(s) for expansion or limitation
of mobile food vendor activity based upon public health and/or public
safety concerns.
Upon the filing of such an application, the Mayor or any City
Council member may request that an ordinance establishing such a special
district and special rules be forwarded to the City Council for consideration
and final action.
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[Added by Ord. No. 1208, 5-9-2017]
The Mayor or his/her designee may, in conjunction with the City
Clerk, Director of Public Works and Chief of Police or their designees,
a representative from the City Council, a representative of the mobile
food vendor industry, and other stakeholders as necessary, perform
an annual review of mobile food vendor operations, the general rules
in this article, and any special rules adopted under this article,
and make recommendations as needed to the City Council for amendment
of this article.