[Ord. No. 3510, 9-21-2020]
The regulations contained in this Chapter apply to all property
and mobile food vending uses located within the corporate limits of
the City of Harrisonville.
[Ord. No. 3510, 9-21-2020]
As used in this Chapter, the following terms or phrases are
defined as follows:
ICE CREAM VENDING TRUCKS
Any truck or motor vehicle required by State Statutes to
be licensed which is used for vending ice cream or non-alcoholic beverages.
MOBILE FOOD VENDING
The act of selling food and/or beverages by operating a mobile
food truck or a mobile food cart as a self-contained food preparation
unit or out of a commissary.
1.
MOBILE FOOD TRUCKAn enclosed vehicle, truck or trailer, capable of being driven, that contains equipment to store and produce fresh food and drinks and permanently affixed to the vehicle frame in which a person travels from place to place to serve food or beverage.
MOBILE PACKAGED FOOD DELIVERY TRUCK
An enclosed vehicle or truck licensed to operate on public
roads in which a person travels from place to place to deliver packaged
food that has been previously ordered.
PRE-PLANNED TEMPORARY EVENTS
For purposes of this Chapter, a pre-planned temporary event
is an activity involving the assembly of people for cultural, ceremonial,
educational or celebratory purposes by schools, local government,
places of worship, community organizations, political parties, sports
teams, neighborhoods, families and groups of individuals. Examples
of pre-planned temporary events, are, but are not limited to, reunions,
graduations, weddings, exhibits, ceremonies, youth activities, auctions,
and private functions.
[Ord. No. 3510, 9-21-2020]
A. Business License Required. All mobile food vendors and ice cream trucks shall be licensed in accordance with Chapter
605, Licenses, of the Harrisonville City Code.
B. Business
License Displayed. A Harrisonville business license shall be displayed
in an open and conspicuous place in the mobile food truck, mobile
food cart or ice cream vending truck.
C. Exemptions.
The following are exempt from the licensing requirements:
1. Mobile packaged food delivery trucks.
2. Mobile food trucks and mobile food carts and ice cream vending trucks when operating as part of a special event permit approved by the City under Sections
397.070 through
397.160.
D. Application
Requirements. Mobile food trucks and mobile food carts shall submit
the following:
[Ord. No. 3650, 5-1-2023]
1. A completed City business license application, a Missouri sales tax
ID number and no tax due letter, and the annual application fee as
established in the City's Comprehensive Schedule of Fees.
2. A completed permit application that has been submitted to the Cass
County Public Health Department for mobile, pushcart and temporary
food establishments. Applicant must provide the City a copy of the
approved Cass County permit upon receipt after preopening inspection.
3. Address and description of kitchen/commissary from which vendor is
working.
4. Locations in the City where vendor will be working, estimated schedule,
and written permission from property owner(s). The vendor shall submit
location changes to the City as they occur.
5. A completed food truck vendor fire inspection checklist and inspection
fee as established in the City's Comprehensive Schedule of Fees.
[Ord. No. 3510, 9-21-2020]
A. Operate
On Private Property. Mobile food trucks and carts may only sell food
and beverages on private property with written permission of the property
owner unless operating on public property as part of a special event
permit approved by the City.
B. Permitted
Locations In Which To Conduct Business.
1. Mobile food trucks and mobile food carts may only operate in agricultural, commercial, office and industrial zoning districts. They may only operate in residential zoning districts when operating as part of a special event permit approved by the City or as a pre-planned temporary event as defined in Section
675.020.
2. Ice cream vending trucks may operate in all zoning districts, including
residential zoning districts.
C. Separation
Requirements.
1. Distance From Brick And Mortar Restaurants. Mobile food trucks and
carts shall not operate within one hundred (100) feet from the property
line of a brick and mortar restaurant during the time it is open for
business unless they have written permission of the restaurant owner.
2. Distance From School Uses. Mobile food trucks and carts shall not
operate within two hundred (200) feet of a school property line except
when the vendor has written authorization from the school administrator
to operate on the school property as part of a special event permit
of a pre-planned temporary event.
3. Distances From Any Parade And Special Event Approved By The City Under Section
397.070 through
397.160. Mobile food trucks and carts shall not operate within one-half (1/2) mile of any parade and special event approved by the City under Section
397.070 through
397.160 except when the vendors have written authorization from the special event coordinator to operate as part of the special event or within one-half (1/2) mile thereof.
D. Hours
Of Operation.
1. Mobile food vendors may operate from 6:30 a.m. to 8:00 p.m. during
periods of standard time or until 9:00 p.m. during periods of daylight
savings time.
2. Ice cream vending trucks may operate from 10:00 a.m. until 7:00 p.m.,
or sunset, whichever occurs first.
E. Americans
With Disability Act. All vendors must ensure that individuals with
disabilities have comparable access to services offered. If existing
designs cannot be modified to be accessible, the method of providing
service must be modified.
F. Outdoor
Seating. Outdoor seating provided by the applicant shall not be permitted
unless a special use permit is obtained, and bathrooms are available.
G. Mobile
food Vending Signs. No separate sign permit shall be required for
signs related to mobile food vending. Signs related to a mobile food
vendor shall be limited to signs that can only be affixed to the vehicle
and one (1) sandwich board sign in immediate proximity of the vendor
unit or truck.
H. Restoration
Of Site. Immediately upon cessation of the vending, the site shall
be returned to its previous condition, including the removal of all
litter or other evidence of the vending.
I. Health
And Safety Criteria. Mobile food vending shall not impair the normal,
safe and effective operation of a permanent use on the same site.
Mobile food vending shall not endanger or be detrimental to the public
health, safety or welfare or injurious to property or improvements
in the immediate vicinity of the vending, given the nature of the
activity, its location on the site and its relationship to it.
J. Traffic
Circulation. Mobile food vending shall not cause undue traffic congestion
or accident potential given anticipated attendance and the design
of adjacent streets, intersections, parking and traffic controls.
All sidewalks shall be left open for pedestrian traffic unless special
approval is received for blockage. No alleys, driveways, fire lanes
or other access points shall be blocked by the vending unless specific
approval is granted for the vending.
K. Nuisances.
The mobile food vending shall not generate excessive noise, dust,
smoke, litter, glare, spillover lighting or other forms of environmental
or visual pollution.
L. Compliance
With Other Laws And Regulations. Vendors must at all times comply
with all applicable legal and regulatory provisions, including, without
limitation, health code regulations.
[Ord. No. 3510, 9-21-2020]
It shall be unlawful for a person, firm or corporation to be
in conflict with or in violation of any of the provisions of this
Chapter.
[Ord. No. 3510, 9-21-2020]
Upon conviction or a plea of guilty, any person, firm or corporation
violating or failing to comply with any of the provisions of this
Chapter shall be subject to the general penalty.