City of Pevely, MO
Jefferson County
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Table of Contents
Table of Contents
[Ord. No. 1525, 9-21-2020]
When used in this Chapter, the following words shall have the following meanings:
MOBILE FOOD VEHICLE
A motorized vehicle, sometimes referred to as a "food truck," that may temporarily park in an area and engage in the service, sale, or distribution of ready-to-eat food for individual portion service to the general public.
MOBILE FOOD VENDOR
The registered owner of a mobile food vehicle or the owner's agent, employee, operator, or representative; as used herein, "vendor" shall have the same definition.
VEHICLE
A machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners, or slides and transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle, buggy, and wagon and any part thereof.
[Ord. No. 1525, 9-21-2020]
The provisions of this Chapter apply to mobile food vehicles engaged in the business of cooking, preparing, and distributing food or beverage with or without charge upon or in public and private spaces. This Chapter does not apply to ice cream vendors and may not apply to mobile food vehicles hired by the City for City-sponsored events, fairs, functions, or festivals.
[Ord. No. 1525, 9-21-2020]
A. 
It shall be unlawful for any person or entity, including, but not limited to, any religious, charitable, or non-profit organization, to operate a mobile food vehicle within the City of Pevely without a license.
B. 
All mobile food vehicle vendor licenses issued under this Chapter shall be conspicuously posted on the vehicle at all times.
C. 
Any mobile food vendor desiring to operate a mobile food vehicle within the City limits shall submit an application for such license to the City Clerk.
D. 
The submitted application shall include all supporting documents as required by the City, which may include, but shall not be limited to, proof of liability insurance, proof of any applicable health and safety inspections, and any other documents deemed necessary to determine the function and safety of the mobile food vehicle.
E. 
Each license shall be valid for a minimum of one (1) and a maximum of five (5) days.
F. 
No mobile food vehicle will be authorized to operate within the City of Pevely for more than five (5) consecutive days at a time or for more than fifteen (15) days per month.
G. 
Mobile food vendors shall pay a license fee of five dollars ($5.00) per day per mobile food vehicle.
H. 
The City shall reserve the right to revoke any approved license at any time.
[Ord. No. 1525, 9-21-2020]
A. 
No mobile food vendor shall park, stand, locate, or conduct business at any location where the license holder has not been authorized to operate.
B. 
All equipment and utensils used to prepare, process, and serve food shall be adequately secured while the mobile food vehicle is in transit. This, shall include, but shall not be limited to, appliances, bowls, coolers, cups, knives, plates, and storage bins and containers.
C. 
Auxiliary engines, batteries, battery chargers, compressors, generators, and other gas-powered and similar equipment shall be installed to be accessible only from the outside of the mobile food vehicle.
D. 
The customer service area for mobile food vehicles shall be on the side of the truck that faces the curb, lawn, or sidewalk when parked. No food service shall be provided on the driving lane side of the truck.
E. 
No food shall be prepared, cooked, or assembled outside the mobile food vehicle.
F. 
Mobile food vehicles may begin selling or distributing products at 6:00 a.m. and must cease selling or distributing products by 10:00 p.m.
G. 
Mobile food vendors must, at all times, possess a valid food and beverage permit from the Jefferson County Health Department.
H. 
If applicable, mobile food vendors must, at all times, possess a valid permit from the Dunklin Fire Protection District.
I. 
Mobile food vendors shall provide a waste container for public use which the vendor shall empty at his/her own expense. All trash and garbage originating from the operation of mobile food vehicles shall be collected and disposed of off-site by the mobile food vendor at least each day and as often as reasonable to protect the public health, safety, and welfare. Spills of food or food by-products shall be cleaned up and no dumping of gray water within the City shall be permitted.
J. 
No mobile food vehicle shall make or cause to be made any public nuisance.
K. 
No mobile food vehicle shall sound or permit the sounding of any device which produces a loud and raucous noise or use or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public.
L. 
Signage is only allowed when placed on mobile food vehicles. No separate freestanding signs are permitted.
M. 
No flashing, blinking, or strobe lights are allowed on mobile food vehicles or related signage when the vehicle is parked and engaged in serving customers.
N. 
Mobile food vehicles shall be parked in conformance with all applicable parking restrictions when parked on public streets.
O. 
Mobile food vehicles shall not, under any circumstances, stop, stand, or park upon any street during the hours when parking, stopping, or standing has been prohibited by signs or curb markings or is prohibited by Statute or ordinance.
P. 
Mobile food vehicles shall not in any way restrict or interfere with the ingress or egress of the abutting property owner or tenant or otherwise hinder the lawful parking or operation of other vehicles.
Q. 
Mobile food vehicles shall not increase traffic congestion or delay, constitute a hazard to traffic, life, or property, or constitute an obstruction to adequate access to ambulances, fire apparatus, police cars, sanitation vehicles, or other similar vehicles and equipment.
R. 
No mobile food vendor shall operate a mobile food vehicle within five hundred (500) feet of any fair, festival, special event, or civic event that has been approved by the City of Pevely unless the vendor has been approved as part of the event.
S. 
No mobile food vendor shall operate on private property without first obtaining written consent from the affected property owner. A private property owner shall not permit parking by a mobile food vehicle until a mobile food vehicle license has been granted by the City.
T. 
Any power or fuel required for the mobile food vehicle shall be self-contained and mobile food vehicles shall not use utilities drawn from the public right-of-way. Mobile food vehicles located on private property may use electrical power from the property being occupied or an adjacent property, but only when the property owner provides written consent to do so. All power sources must be self-contained. No power cable or equipment shall be extended at or across any City street, alley, or sidewalk.
U. 
Mobile food vehicles shall not operate within:
1. 
Fifteen (15) feet of any entrance-way to any building;
2. 
Fifteen (15) feet of any driveway entrance to a police station, fire station, ambulance shed, or other structure containing an emergency response vehicle;
3. 
Fifteen (15) feet of any other driveway;
4. 
One hundred (100) feet of a crosswalk or intersection;
5. 
Twenty-five (25) feet of any bus stop sign;
6. 
Two hundred fifty (250) feet of an existing restaurant during the hours when such restaurant is open for business unless given written consent from the restaurant owner.
V. 
The issuance of a mobile food vehicle license does not grant or entitle the vendor to the exclusive use of any street or parking space.
[Ord. No. 1525, 9-21-2020]
A. 
Any person operating a mobile food vehicle in violation of any provision of this Chapter shall be subject to all other enforcement provisions of the Code.
B. 
Any license issued under this Chapter may be revoked, suspended, or not renewed by the City Administrator or City Clerk for failure to comply with the provisions of this Chapter and any rules or regulations promulgated by the City of Pevely.