[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:
Any truck or motor vehicle required by State Statutes to be licensed which is used for vending ice cream or non-alcoholic beverages.
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.
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 FOOD CARTA manually propelled mobile food trailer.
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.
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.
D.
Application Requirements. Mobile food trucks and mobile food carts shall submit the following:
[Ord. No. 3650, 5-1-2023]
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.
[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.
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.