[Ord. No. 1851, 7-15-2020; Ord. No. 2017, 6-15-2022]
As used in this Chapter, the following words have the meanings
indicated:
Any person who applies for a mobile vendor permit, mobile
vending business premises license, or mobile vending business eating
and drinking garden license within the City as required by this Chapter.
An application for either a mobile vendor permit, mobile
vending business premises license, or mobile vending business eating
and drinking garden license on a form provided by the City Clerk.
The City Clerk for the City of Cottleville, or his/her designee.
The Municipal Code of the City of Cottleville, Missouri,
as amended from time to time.
January 1 through December 31 of a calendar year.
Real estate for which a mobile vending business premises
license or mobile vending business eating and drinking garden license
has been issued.
Any goods, wares, flowers, horticultural products, services
or similar items sold by a mobile vending business.
A business engaged in the cooking, preparing, assembling,
serving, selling, offering for sale, or distributing of food, beverages,
or any other type of merchandise to the general public from a mobile
vending vehicle or temporary display stand within the City.
A property on which multiple mobile vending businesses may operate at a single time, as permitted by Chapter 405 of the Code.
An annual license issued by the City Clerk to operate a mobile
vending business eating and drinking garden in the City.
An annual license issued by the City Clerk to the owner or
operator of a licensed premises, excluding mobile vending business
eating and drinking gardens, which authorizes the operation of a mobile
vending business on the licensed premises. The holder of a mobile
vending business premises license may allow multiple mobile vending
businesses to operate on the licensed premises.
A permit issued by the City Clerk to the owner or operator
of a mobile vending business to operate in the City.
Any moveable vehicle, truck, trailer, pushcart, portable
structure, or other similar vehicle used by a mobile vending business.
When used in connection with motor vehicles, any person who
holds legal title to a vehicle or has the legal right to possession
thereof; when applied to a structure, building or land, includes any
part owner, joint owner, tenant in common, joint tenant or tenant
by the entirety of the whole or part of such structure, building or
land.
Any individual, co-partnership, firm, association, company,
or combination of individuals, of whatever form or character.
A stand, booth, stall, table, tent, wagon, handcart, pack,
basket or other similar portable structure, container, display or
devise, but not a mobile vending vehicle, used by a mobile vending
business to serve, sell, distribute or offer for sale at retail of
food, beverages or any other type of merchandise.
[Ord. No. 1851, 7-15-2020; Ord. No. 2017, 6-15-2022]
A.
Mobile
Vendor Permit. No person shall operate a mobile vending business within
the City without having first obtained a mobile vendor permit from
the City Clerk pursuant to the requirements of this Chapter.
B.
Mobile Vending Business Premises License. No owner or operator of real estate within the City shall authorize or allow a mobile vending vehicle or temporary display stand to engage in a mobile vending business on such real estate without the owner or operator of such real estate obtaining a mobile vending business premises license from the City Clerk pursuant to the requirements of this Chapter. Notwithstanding the foregoing, this Subsection (B) shall not apply to mobile vending business eating and drinking gardens.
C.
Mobile
Vending Business Eating And Drinking Garden License. No person shall
operate a mobile vending business eating and drinking garden within
the City without having first obtained a mobile vending business eating
and drinking garden license from the City Clerk pursuant to the requirements
of this Chapter.
[Ord. No. 1851, 7-15-2020; Ord. No. 1900, 2-17-2021; Ord. No. 2017, 6-15-2022]
A.
Applications
And Application Fees.
1.
Applications for a mobile vendor permit, mobile vending business
premises license, or mobile vending business eating and drinking garden
license shall be made, in writing, on forms provided by the City and
submitted to the City Clerk. An applicant must submit a completed
application, along with the application fee, to the City Clerk.
2.
Each application shall be accompanied by a non-refundable application
fee in the following amounts:
a.
Mobile vendor permit — twenty-five dollars ($25.00);
b.
Mobile vending business premises license — fifty dollars ($50.00);
and
c.
Mobile vending business eating and drinking garden license —
fifty dollars ($50.00).
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No application fee shall be pro-rated if the license or permit
is obtained during the middle of a license year.
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3.
Mobile Vendor Permit. A separate mobile vendor permit shall be obtained
for each separate and distinct mobile vending vehicle or temporary
display stand proposed to be used by an applicant. An application
for a mobile vendor permit shall include the following information
and shall be submitted no later than fourteen (14) days in advance
of the first date in a license year on which the applicant proposes
to operate its mobile vending business:
a.
The full legal name, daytime telephone number, e-mail address, home
address, and business address of the person applying for the mobile
vendor permit;
b.
If the applicant is an entity, the application shall state the full
name of the entity, its principal address, daytime telephone number,
and its registered agent and registered address;
c.
The name(s), address(es), and daytime telephone number(s) of the
legal owner(s) of the licensed premises on which the applicant will
operate the mobile vending business, along with proof of written permission
or consent from the owner(s) for applicant to operate its mobile vending
business;
d.
A description of the type of food, beverages or merchandise proposed
to be sold, distributed, or offered for sale by the mobile vending
business;
e.
A description of the mobile vending vehicle or temporary display
stand;
f.
If the mobile vending business will operate out of a mobile vending
vehicle, then the application shall include:
(1)
The year, make, model, color, vehicle identification number
(VIN number), State license plate number and State of licensing, if
applicable, and dimensions, which shall not exceed thirty-six (36)
feet in length or nine (9) feet in width, of such mobile vending vehicle.
(2)
Proof of current vehicle insurance for the mobile vending vehicle,
if applicable, issued by an insurance company licensed to do business
in the State of Missouri.
(3)
Proof of current vehicle registration for the mobile vending
vehicle, if applicable.
(4)
If operating on City-owned property proof of a current insurance
policy, with limits for bodily injury liability of at least fifty
thousand dollars ($50,000.00) for each person, and of at least one
hundred thousand dollars ($100,000.00) for each accident, and limits
for property damage liability of at least ten thousand dollars ($10,000.00)
for each accident, issued by an insurance company licensed to do business
in the State of Missouri, covering all claims for damages to property
and bodily injury, including death, which may arise from operation
under or in connection with the mobile vendor permit. Such insurance
shall name the City as an additional insured and shall provide that
the policy shall not terminate or be canceled prior to the expiration
date without thirty (30) days' advance written notice to the City.
g.
Copies of all requisite liquor licenses issued to the applicant by
the City, St. Charles County, or the State of Missouri;
h.
A copy of applicant's State of Missouri retail sales tax license
authorizing the sale of goods within the State of Missouri, and a
statement from the Missouri Department of Revenue that the applicant
owes no tax due under Sections 144.010 to 144.510, RSMo., as amended,
or Sections 143.191 to 143.261, RSMo., as amended, dated no more than
ninety (90) days before the date of submission of the application;
i.
When applicable, a permit or license as required by the St. Charles
County Department of Public Health; and
j.
Such other information as the City Clerk may require.
4.
Mobile Vending Business Premises License. An application for a mobile
vending business premises license shall include the following information
and shall be submitted no later than fourteen (14) days in advance
of the first date in a license year on which a mobile vending business
will operate on the licensed premises:
a.
The full legal name, daytime telephone number, e-mail address, home
address, and business address of the person applying for the mobile
vending business premises license;
b.
If the applicant is an entity, the application shall state the full
name of the entity, its principal address, daytime telephone number,
and its registered agent and registered address;
c.
The proposed day(s) of operation and hour(s) of operation. No mobile
vending business may have mobile vending vehicles or temporary display
stands on the licensed premises for more than six (6) days in a calendar
year;
d.
A description of the licensed premises, which shall include, but
shall not be limited to, the following:
(1)
The address of the property;
(2)
A depiction of all buildings, structures, green space, parking
spaces, ingresses and egresses onto and off of public roadways, and
other natural or man-made features on the property; and
(3)
The number, size(s), location(s), and a description of the garbage
receptacles to be located and utilized by the mobile vending business;
e.
Copies of all requisite liquor licenses issued to the applicant by
the City, St. Charles County, or the State of Missouri;
f.
When applicable, a permit or license as required by the St. Charles
County Department of Public Health; and
g.
Such other information as the City Clerk may require.
5.
Mobile Vending Business Eating And Drinking Garden License. An application
for a mobile vending business eating and drinking garden license shall
include the following information and shall be submitted no later
than fourteen (14) days in advance of the first date in a license
year on which a mobile vending business will operate on the licensed
premises:
a.
The full legal name, daytime telephone number, e-mail address, home
address, and business address of the person applying for the mobile
vending business eating and drinking garden license;
b.
If the applicant is an entity, the application shall state the full
name of the entity, its principal address, daytime telephone number,
and its registered agent and registered address;
c.
The proposed hour(s) of operation. There is no limitation on the
number of days per license year in which mobile vending businesses
may operate on the licensed premises;
d.
A description of the licensed premises, which shall include, but
shall not be limited to, the following:
(1)
The address of the property;
(2)
A depiction of all buildings, structures, green space, parking
spaces, ingresses and egresses onto and off of public roadways, and
other natural or man-made features on the property; and
(3)
The number, size(s), location(s), and a description of the garbage
receptacles to be located and utilized by the mobile vending business;
e.
Copies of all requisite liquor licenses issued to the applicant by
the City, St. Charles County, or the State of Missouri;
f.
When applicable, a permit or license as required by the St. Charles
County Department of Public Health; and
g.
Such other information as the City Clerk may require.
B.
Application
Review And Determination. The City Clerk shall review each completed
application in accordance with the following procedures:
1.
The City Clerk shall review each completed application upon receipt
of such application and its corresponding application fee and shall
approve, approve with conditions, or deny such application within
ten (10) days of receipt thereof.
2.
An application is deemed to be complete upon the City Clerk determining
that:
3.
In granting a mobile vendor permit, mobile vending business premises
license, or mobile vending business eating and drinking garden license,
the City Clerk may add reasonable conditions beyond the specific restrictions
and requirements of this Chapter which are deemed by the City Clerk
to be necessary to protect the peace, health, safety, comfort, morals,
and general welfare of the City and its inhabitants.
C.
Issuance.
All approved mobile vendor permits, mobile vending business premises
licenses, or mobile vending business eating and drinking garden licenses
shall be signed by the City Clerk.
D.
Denial.
The City Clerk may refuse to grant a mobile vendor permit, mobile
vending business premises license, or mobile vending business eating
and drinking garden license for any of the following reasons:
1.
Applicant has failed to provide all the necessary information required
by the application, this Chapter, or the City Clerk;
2.
Purported fraud or misrepresentation contained in the application
or supporting information or documentation;
3.
Applicant's failure to comply with the provisions of this Chapter
or any other applicable City ordinance or law of the United States,
St. Charles County, or the State of Missouri; or
4.
For any of the reasons provided for in Section 605.020(C) of this Code.
E.
Liability.
Nothing in this Chapter shall be construed to create or constitute
a liability to or a cause of action against the City related to the
issuance of any mobile vendor permit, mobile vending business premises
license, or mobile vending business eating and drinking garden license.
[Ord. No. 1851, 7-15-2020; Ord. No. 2017, 6-15-2022]
A.
It
shall be the responsibility of the mobile vending business to ensure
that:
1.
All food, beverages and other merchandise cooked, prepared, assembled,
served, distributed, offered for sale, or sold from its mobile vending
vehicle or temporary display stand are in a fresh and sanitary condition;
2.
The sidewalks, streets and other spaces adjacent to its area of operation
are clean and free of refuse of any kind;
3.
At the close of the business day, all refuse of any kind accumulating
within fifteen (15) feet of the mobile vending business' area of operation
is or has been removed or collected and is otherwise properly disposed
of; and
4.
All sales taxes for the sales of food, beverages, or merchandise
made by the mobile vending business within the City are promptly paid
when due.
B.
It
shall be the responsibility of the person or entity holding the mobile
vending business premises license or mobile vending business eating
and drinking garden license to ensure that:
1.
All mobile food vendors operating on the licensed premises have a
validly issued mobile vending business permit and other licenses and
permits required by the City, County, or State;
2.
All sales taxes for the sales of food, beverages, or merchandise
made by any mobile vending business on the licensed premises are promptly
paid when due.
C.
The
City or its agents shall be permitted to inspect the licensed premises,
the mobile vending vehicle, temporary display stand, and all items
for sale by the mobile vending business at any reasonable time to
ensure compliance with this Chapter and other provisions of the ordinances
of the City.
D.
No
mobile vending business shall be permitted to operate on property
which is not a licensed premises under this Chapter.
E.
No
mobile vending business shall be operated between the hours of 11:00
p.m. and 6:00 a.m.
F.
The
conduct and behavior of all mobile vending businesses shall comply
in all respects with all noise ordinances of the City.
G.
A mobile
vending business shall provide for a garbage receptacle for refuse
of any kind that shall be maintained and emptied regularly and marked
as being for refuse.
H.
No
mobile vending business shall:
1.
Leave any mobile vending vehicle or temporary display stand unattended.
2.
Conduct a mobile vending business in a manner that obstructs access
to private property, except with the prior written consent of the
property affected thereby.
3.
Put refuse from the operation of their mobile vending business in
any drain or in the streets or sidewalks.
4.
Store, park, or leave any mobile vending vehicle or temporary display
stand on any street or sidewalk between 11:00 p.m. and 6:00 a.m. of
the following day.
5.
Leave any location without first picking up, removing, and properly
disposing of all refuse remaining from sales made or otherwise resulting
from the operation of the mobile vending business.
6.
Install, erect, or maintain any signage other than one (1) A-frame
sign not to exceed nine (9) square feet in size, which must be located
within six (6) feet of the mobile vending vehicle or temporary display
stand.
7.
Block any part of the right-of-way of a public or private street,
sidewalk, ramp, curb cut, or trail in the City.
I.
Except
on property zoned "S-D/OT" Special District/Old Town Cottleville,
no mobile vending business shall operate on a residentially zoned
property or on property that is primarily used for residential purposes.
J.
The
City Administrator shall formulate any additional rules and regulations
necessary for the proper administration of this Chapter. Rules and
regulations shall be maintained in the office of the City Clerk and
shall be available for public inspection during ordinary business
hours.
[Ord. No. 1851, 7-15-2020; Ord. No. 2017, 6-15-2022]
A.
The City Clerk may suspend for a period of up to ninety (90) days
or revoke any mobile vendor permit, mobile vending business premises
license, or mobile vending business eating and drinking garden license
upon the finding of one (1) or more of the following:
1.
Intentional misstatements or misleading statements of fact in
the application which are not discovered until after the issuance
of the mobile vendor permit, mobile vending business premises license,
or mobile vending business eating and drinking garden license, as
applicable;
2.
Permitting any conduct that would constitute a violation of the requirements of this Chapter 630; or
3.
Permitting any conduct that would constitute a violation of
any laws of the United States, the State of Missouri, the ordinances
of St. Charles County, or the ordinances of the City.
[Ord. No. 1851, 7-15-2020; Ord. No. 2017, 6-15-2022]
Any applicant or mobile vending business aggrieved by the decision of the City Clerk to deny, suspend or revoke any mobile vendor permit, mobile vending business premises license, or mobile vending business eating and drinking garden license pursuant to the provisions of this Chapter shall have the right to appeal such action to the City Administrator pursuant to Section 605.045 of the Municipal Code.
[Ord. No. 1851, 7-15-2020; Ord. No. 2017, 6-15-2022]
Any person involved in the operation of a mobile vending business
that is found to be in violation of any of the provisions of this
Chapter shall be subject by a fine of up to five hundred dollars ($500.00)
or up to ninety (90) days in jail for each violation. Each day such
violation continues shall constitute a separate offense.
