[Ord. No. 1525, 9-21-2020]
When used in this Chapter, the following words shall have the
following meanings:
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.
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.
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.
