[HISTORY: Adopted by the City Council of the City of Walhalla 8-17-2021 by Ord. No. 2021-16. Amendments noted where applicable.]
The provisions embraced within the following sections shall constitute and be known and may be cited as "The Mobile Food Vending Ordinance." The purpose of this chapter is to promote health, safety, convenience, prosperity and general welfare of the citizens of Walhalla by establishing reasonable guidelines and regulations for mobile food vehicles.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CATERING TRUCK
A truck, van or similar vehicle from which the vendor offers for sale to a private audience foods and beverages that are prepackaged.
FOOD TRAILER
An attached or detached trailer equipped with facilities for preparing, cooking and selling various types of food products.
FOOD TRUCK
An enclosed motor vehicle equipped with facilities for preparing, cooking and selling various types of food products.
ICE CREAM TRUCK
A motor vehicle containing a commercial freezer and from which a vendor sells frozen, prepackaged food products such as ice cream, frozen yogurt, frozen custard, flavored frozen water and similar products.
MOBILE FOOD VEHICLE
A self-contained nonmotorized unit (push cart), motorized vehicle-mounted food service unit that returns daily to its base of operations as approved by DHEC and is used for either preparation or the sale of food products or for both.
MOBILE FOOD VENDOR
Any person selling food from a mobile vehicle.
MOBILE MARKET FOOD TRUCK
A motor vehicle equipped with facilities for the sale of locally grown fresh produce. The produce is sold in its original form and has not been altered or cooked in any other way, consistent with coming fresh from the fields or gardens in which it was grown.
RESTAURANT
A brick-and-mortar establishment where meals are generally served and eaten on premises or which prepares and serves food and/or drink to customers for consumption on the premises in return for money, either paid before the meal, after the meal or with running a tab. A restaurant does not include a food service that is delivery only.
A. 
It shall be unlawful for any person to engage in business as a mobile food vendor within the City without first obtaining a City business license and a mobile food permit to do so.
B. 
If a SCDHEC permit is required under the DHEC 61-25 regulations, a copy of said permit must be provided with the application.
C. 
A State of South Carolina retail license must be obtained.
D. 
At time of application for a business license, the mobile food vendor must provide proof of general liability insurance for operation of the vehicle as a motor vehicle and the conduct of business in amounts reasonably determined by the City Administrator; and if conducted on public streets or City-owned property the minimum amount is $1,000,000. Failure to maintain this insurance can result in immediate revocation of the license.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
Each licensed mobile food vendor must maintain for patrons' use a litter receptacle of sufficient size to accept litter being generated by the sales from the vendor's vehicle at the point of sale. The receptacle must be maintained in such a manner as to preclude an overflow of refuse. Each vendor shall pick up litter which is associated with the vendor's sales in the vicinity of the vendor's mobile food vehicle prior to departing a sales location. Recycling is encouraged.
F. 
Mobile food vendors shall be limited to edibles and hot and cold beverages containing no alcohol. The selling of non-food or -drink items shall be limited to merchandise displaying the mobile food vendor company's logo and branding.
G. 
A decal and picture of the unit must be displayed.
H. 
Hospitality taxes must be collected and remitted in the same manner as other food services.
I. 
All power shall be self-contained.[1]
[1]
Editor's Note: Original Subsection 3.J of Ord. No. 2021-16, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
J. 
A lease or the written expressed consent from the owner to use the business property on which they propose to operate must be provided to the City.
K. 
A site plan, including a photo of the site and detailed layout noting truck orientation, and service plan must be provided for each site.
L. 
The mobile food vendor must submit to an inspection by the Fire Marshal and the Code Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
M. 
Color copies of the driver's licenses of both the owner(s) and operators and two color photographs of the owner(s) taken within 30 days of the filing of a permit application must be submitted.
Temporary permits will be issued by the day; fees are referenced in Appendix A of the current fiscal year's budget document.
Upon approval of an application, the annual permit fee shall be reflected in Appendix A of the current fiscal year's budget document.
All mobile food vendors shall be subject to the following regulations in their operation on private property:
A. 
No mobile food vendor shall operate in any City parking lots or parking spaces within the downtown overlay, except within the City leased lot located at the corner of East Main Street and North Spring Street (TMS#: 500-16-10-005). A mobile food vendor may operate on private property within the downtown overlay, provided they are located 200 feet away from an operating food establishment. Alternate locations may be approved by the City Administrator for bona fide City-approved events within the downtown overlay.
B. 
When a mobile food vendor is operating outside of the downtown overlay, they must be located 250 feet away from the door of a lawfully established eating establishment, unless the food truck vendor provides documentation, which is signed by the restaurant owner(s), that the restaurant owner interposes no objection to a closer proximity.
C. 
When a catering truck, or a mobile food vendor operating as a catering truck, is operating within the downtown design overlay for a private event, it may be located on private property as long as food and beverage items are not sold to the public and are only provided to the private audience. The Code Enforcement Officer must be notified of the situation three days beforehand.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
No mobile food vendor shall operate outside the hours of 8:00 a.m. to 10:00 p.m. However, a mobile food vendor may apply for additional authorization to operate after 10:00 p.m., but under no conditions may operate later than 1:00 a.m. the following day.
E. 
No mobile food vendor shall use any public address system or sound device which produces an offensive or loud noise to attract customers, and vendors shall not use any public address system on the vehicle to broadcast or advertise products.
F. 
Mobile food vendors must keep all areas within five feet of the truck and any associated seating clean of grease, trash, paper cups or cans associated with the vending operation. No liquid waste or grease is to be disposed in tree pits, storm drains or onto sidewalks, streets or other public spaces. Under no circumstances can grease be released or disposed of in a sanitary sewer system.
G. 
All exterior body work and mechanical equipment of any mobile food truck vendor shall be maintained in good and clean condition and free of excessive wear or damage. All exterior paint work shall be maintained in good condition, free of substantial scratches, chips, rust, dents and abrasions. All windshield and window glass shall be maintained free from cracks, scratches, pitting, abrasions or any other conditions that may cause a hazard or reduce clarity of vision below the level specified by the manufacturer, and/or other type of damage or possible public hazard deemed appropriate by the Code Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
H. 
Food vendors shall not obstruct the use of any street intersection, pedestrian crosswalk or space; and shall not impede ingress or egress of any driveway.
A. 
A permit may be revoked, suspended, modified or not renewed by the City for failure to comply with provisions of this chapter, or any provisions of this Code or other ordinance of the City.
B. 
A permit may also be revoked for the following reasons:
(1) 
Whenever, in its judgment, the City Council deems it necessary for the protection of the public good or for prevention of disorders; provided, however, that the City Council shall first give reasonable notice to the permittee of a public hearing on the matter of such revocation.
(2) 
The permittee or any of its principals fails to satisfy any qualifications or requirement imposed by this chapter or other local, state or federal laws or regulations that pertain to the particular license.
(3) 
The permittee or any of its principals is or has engaged in a business, trade or profession without having obtained a valid license, permit or work card when such applicant or principal knew or reasonably should have known that one was required.
(4) 
The permittee or any of its principals has been convicted of any crime as a result of having perpetrated deceptive practices upon the public within the last 10 years.
(5) 
The permittee or any of its principals had been convicted of any crime that involves any local, state or federal law or regulation arising out of the operation of a similar business.
(6) 
The mobile food vehicle on which the business is conducted does not satisfy all local, state or federal laws or regulations which relate to the activity that is to be licensed after a notice of opportunity to cure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(7) 
The permittee or any of its agents is in default on any payments owed to the City.
(8) 
The application contains material omissions or false, fraudulent or deceptive statements.
(9) 
The mobile food vehicle is operated in such a manner as to constitute a public nuisance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(10) 
The SCDHEC denies, revokes or suspends the license of the mobile food vehicle.
C. 
The provisions of this section are not exclusive. This section shall not preclude the enforcement of any other provisions of this chapter or local, state and federal laws and regulations.
A. 
All ice cream trucks are subject to the requirements as stated above. Ice cream trucks must remain mobile, except for short periods of time in order to make a sale, or except by contract or authorization from the City for a special event or contracted through the Parks and Recreation Department. Ice cream trucks shall not operate before 9:00 a.m. and must cease operations 1/2 hour before sunset as stated by the National Weather Service.
B. 
Ice cream trucks may not use any public address system on the vehicle to announce or advertise their products. A bell or musical recording may be sounded for a period of time to announce the arrival of the vehicle at each location as deemed appropriate by the Code Enforcement Officer.
Produce, pre-made food items and mobile market food trucks at City-sponsored "farmers markets" are exempt from these regulations.
Every permit issued under the provisions of this chapter shall valid from July 1 to June 30. Permits issued prior to this chapter will be allowed to continue operating until the new expiration date, provided they adhere to this chapter in its entirety.