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 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.
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.
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.