[Ord. No. 2021-13, 8-9-2021]
MOBILE FOOD VEHICLE
A motorized vehicle (sometimes referred to as a "food truck")
which may temporarily park in an area designated by this Chapter and
engage in the service, sale, or distribution of ready-to-eat food
for individual portion service to the general public directly from
the vehicle upon issuance of a license by the Office of the City Clerk
and conformance with the regulations established by this Chapter.
MOBILE FOOD VEHICLE VENDOR
The registered owner of a mobile food vehicle or the owner's
agent or employee and referred to in this Chapter as "vendor."
[Ord. No. 2021-13, 8-9-2021]
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 restricted
spaces. This Chapter does not apply to ice cream vendors or sidewalk
vendors.
[Ord. No. 2021-13, 8-9-2021]
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 Overland without having obtained
either a temporary mobile food vehicle vendor license or an annual
mobile food vehicle vendor license for such purpose from the office
of the City Clerk.
[Ord. No. 2022-14, 9-12-2022]
B. The license required by this Chapter shall be issued in accordance with Chapter
605, Licenses.
C. All
mobile food vehicle vendor licenses issued under this Chapter shall
be kept conspicuously posted on the vehicle at all times.
D. Any person or entity desiring to operate a mobile food vehicle shall make a written application for such license to the Office of the City Clerk. The application for a license shall be on forms provided by the City of Overland and shall include, in addition to the information prescribed by the Office of the City Clerk under Chapter
605, Licenses, the following:
1. The name, signature, phone number, email address, home address, and
business address of the applicant, and the name and address of the
owner if the applicant is not the owner of the business.
2. Three (3) prints of a full-face photograph, taken not more than thirty
(30) days prior to the date of the application, of any person who
will offer or sell any food or beverage under the mobile food vehicle
license and special event permit applied for.
3. A description of the preparation methods and food product offered
for sale, including the intended menu.
4. A description and photograph of the mobile food vehicle to be used,
including the license plate and registration number, the vehicle identification
number (V.I.N. number), year, make and model of the vehicle, and dimensions,
which shall not exceed thirty-six (36) feet in length or nine (9)
feet in width.
5. Copies of all necessary licenses and permits from St. Louis County.
6. The mobile food vendor shall provide motorized food truck vehicle
insurance information [one million dollars ($1,000,000.00) liability
insurance shall be provided]. The certificate of insurance shall name
the City of Overland as an additional insured and indemnify and hold
harmless the City of Overland 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.
E. A license
fee is hereby levied upon mobile food vehicle vendors for each separate
mobile food vehicle used pursuant to this Chapter. The fee for the
license required and imposed under this Chapter shall be as follows
and shall not be prorated.
Duration
|
Fee
|
---|
One (1) Day
|
$10.00
|
Two (2) Day
|
$20.00
|
Annual License (12 Months)
|
$100.00
|
F. A separate
license shall be obtained for each vehicle used by the mobile food
vehicle vendor.
G. An
annual license issued under this Chapter shall expire on December
31 of each year, unless suspended or revoked for cause, and shall
not be assignable or transferable.
H. Any
application for a mobile food vehicle license may be denied, and any
mobile food vehicle license may be suspended or revoked for any of
the following causes:
1. Fraud or misrepresentation contained in the license application.
2. Fraud or misrepresentation made in the course of operating the business.
3. Conduct that creates a public nuisance, or otherwise constitutes
a danger to the public health, safety, welfare, or morals.
4. Conduct which is contrary to the provisions of this Chapter and Chapter
605.
5. Failure to comply with the provisions of this Chapter or any other
applicable rules or regulations promulgated by the City of Overland.
[Ord. No. 2021-13, 8-9-2021]
A. No operator of a mobile food vehicle shall park, stand, or move a vehicle and conduct business within areas of the City of Overland where the license holder has not been authorized to operate. All mobile food vehicles shall operate in conjunction with a special event permit issued pursuant to Chapter
255, Special Events.
[Ord. No. 2022-14, 9-12-2022]
1. Any person seeking the issuance of a mobile food vehicle vendor license
as herein required shall file an application with the office of the
City Clerk, on forms provided by the City, no less than seven (7)
days prior to the event.
B. All
mobile food vehicles shall comply with the following requirements:
1. All equipment installed in any part of the vehicle shall be secured
in order to prevent movement during transit and to prevent detachment
in the event of a collision or overturn.
2. All utensils shall be stored to prevent being hurled about in the
event of a sudden stop, collision, or overturn. A safety knife holder
shall be provided to avoid loose storage of knives.
3. Compressors, auxiliary engines, generators, batteries, battery chargers,
gas-fueled water heaters and similar equipment shall be installed
so as to be accessible only from outside the vehicle.
C. The
customer service area for mobile food vehicles shall be on the side
of the truck that faces a curb, lawn or sidewalk when parked. No food
service shall be provided on the driving lane side of the truck. No
food shall be prepared, sold, or displayed outside of a mobile food
vehicle.
D. No
mobile food vehicle vendor shall provide or allow any dining area
within ten (10) feet of the mobile food vehicle, including but not
limited to table and chairs, booths, stools, benches, or stand-up
counters.
E. Mobile
food vehicle vendors shall, at all times, possess a valid St. Louis
County peddler, solicitor, and street vendor license and a valid Health
Department permit.
F. All
mobile food vehicle vendors shall provide a waste container for public
use which the vendor shall empty at its own expense. All trash and
garbage originating from the operation of mobile food vehicles shall
be collected and disposed of off-site by the operators at least each
day and as often as is 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.
G. No
mobile food vehicle shall make or cause to be made any public nuisance.
H. The
sale of alcohol, by a vendor, is prohibited.
I. 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.
J. Signage
shall be limited to that located on mobile food vehicles and not more
than one (1) separate freestanding sign, excluding freestanding menu
boards. Free standing signs shall be placed in a manner not to obstruct
pedestrian or vehicular traffic.
K. No
vendor shall operate, conduct business, or have merchandise, equipment,
or other materials visibly present on the property:
1. More than one (1) hour prior to the special event, but no earlier
than 7:00 A.M.
2. More than one (1) hour following the special event.
L. No
flashing or blinking lights, or strobe lights are allowed on mobile
food vehicles or related signage when the vehicle is parked and engaged
in serving customers.
M. Mobile
food vehicles shall be parked in conformance with all applicable parking
restrictions when parked on public streets.
N. Mobile
food vehicles shall not, under any circumstances, stop, stand, or
park a vehicle 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.
O. 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.
P. Mobile
food vehicles shall not increase traffic congestion or delay, or constitute
a hazard to traffic, life or property, or an obstruction to adequate
access to fire, police, or sanitation vehicles.
Q. Mobile
food vehicles shall not stop, stand, or park upon any street, or permit
the vehicle to remain in the roadway except when at the curb for the
purpose of vending therefrom.
R. A vendor
shall not 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 Overland unless the vendor has been approved
as a part of the event and issued a special event permit authorizing
him or her to operate.
S. A vendor
shall not 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 and a special event permit has been granted by the
City.
T. Any
power or fuel required for the mobile food vehicle shall be self-contained,
and a mobile food vehicle shall not use utilities drawn from the public
right-of-way. Mobile food vehicles 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 or Fire Station.
3. Fifteen (15) feet of any other driveway.
4. One hundred (100) feet of a crosswalk or intersection.
5. Fifty (50) feet of any bus stop sign.
6. Two hundred fifty (250) feet of an existing restaurant building during
the hours when such restaurant is open for business.
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. 2021-13, 8-9-2021]
A. Any person who shall violate any provision of this Chapter shall be deemed guilty of an ordinance violation and shall, upon conviction, be punished as provided in Section
100.150 of this Code.
B. Any
license issued under this Chapter may be revoked, suspended, or not
renewed by the Office of the City Clerk for failure to comply with
the provisions of this Chapter and any rules or regulations promulgated
by the City of Overland.