[HISTORY: Adopted by the Village Board of the Village of Orfordville 3-28-2022; amended in its entirety 11-14-2022. Subsequent amendments noted where applicable.]
No person shall operate a mobile food establishment in the Village of Orfordville without first obtaining a permit under this section.
As used in this chapter, the following terms shall have the meanings indicated:
MOBILE FOOD ESTABLISHMENT
A restaurant or retail food establishment where food is sold to members of the public from a movable vehicle, pushcart, or trailer which periodically or continuously changes location. Mobile food establishment does not include special event concession stands operated by a not-for-profit organization.
A. 
Applications to operate a mobile food establishment shall be filed by the owner of mobile food establishment with the Village Clerk on a form prescribed by the Village Clerk. Such form shall require the following information to be provided:
(1) 
Name of applicant, name of business, name of business owner, address, cell phone, and driver's license number of the licensed operator;
(2) 
Copy of Rock County Public Health Department inspection report as required for the sale of food products;
(3) 
Proof of commercial liability insurance with limits of not less than $500,000 and motor vehicle liability insurance with limits of not less than $250,000 per person and per accident;
(4) 
Address and/or description of location for which permit is being applied for, and if the location is on private property, written consent of the owner of said private property;
(5) 
If the address and/or location of mobile food establishment is a private residence, then the applicant shall provide written consent from all property owners whose property is in whole or in part situated within 100 feet of the boundaries of the affected private residence;
(6) 
Dates for which the permit is requested or length of time for which the right to operate a mobile food establishment is requested;
(7) 
Physical description, including make, model, and license number of any mobile food establishment to be used; and
(8) 
If any persons other than the applicant will be operating the mobile food establishment without the presence of the applicant, such persons shall also be licensed operators and the name, address, date of birth, and copy of driver's license (if applicable) shall be provided.
B. 
Permits shall be issued on an annual basis, effective from January 1 through December 31 of the same year.
C. 
The permit fee shall be established by the Village Board by resolution and a copy of the permit fee schedule shall be available upon request from the Village Clerk.
A. 
Upon receipt of a completed application, the Village Clerk shall refer the application to the Chief of Police, or individual designated by the Chief of Police, who shall make a complete investigation of the statements made in the application.
B. 
The Chief of Police shall notify the Fire Chief of the application so the Fire Chief may schedule an inspection of the mobile food establishment for compliance with applicable fire safety regulations and codes.
C. 
Following the Chief of Police and Fire Chief's review of the application, the Village Clerk shall issue the permit, deny the permit, or issue the license with conditions. If issued, the permit shall be valid for the remaining portion of the calendar year in which it is issued, subject to revocation as set forth in § 138-5, below.
D. 
The Village Clerk may refuse to issue a permit if it is determined that:
(1) 
The application contains a material omission or materially inaccurate statement;
(2) 
Complaints of a material nature have been received against the applicant in towns, villages, cities in which the applicant conducted similar business;
(3) 
Subject to applicable statutes, the applicant has been arrested or convicted of a crime, statutory violation, or ordinance violation;
(4) 
The applicant has had a previously issued permit revoked by the Village.
A. 
A mobile food establishment permit may be revoked by the Village Board after notice and hearing if the permit holder:
(1) 
Made any material omission or materially inaccurate statement in the application for permit;
(2) 
Made any fraudulent, false, deceptive, or misleading statement or representation in the course of engaging in the sale of food, beverages, or materials incidental to food and beverages;
(3) 
Violated any section of this chapter, including, but not limited to, § 138-6;
(4) 
Subject to applicable state statutes, the permit holder was arrested or convicted of a crime, statutory violation, or ordinance violation.
B. 
Written notice of the hearing shall be served personally on the permit holder at least 72 hours prior to the time set for the hearing. The notice shall contain the time and place of the hearing and a statement of facts upon which the proposed revocation of the permit is based.
A. 
A mobile food establishment operating within the Village of Orfordville shall comply with all the following:
(1) 
All state and county food and health code requirements applicable to the mobile food establishment's operations and related food and beverage license;
(2) 
All state, county, and Village of Orfordville permits shall be conspicuously displayed on the mobile food establishment while in operation;
(3) 
Mobile food establishments may operate in public parking lots, on school district property with a letter from the school district verifying permission, or in other areas designated by the Village Board via resolution. Areas of operation designated by Village Board resolution shall be identified by address and identified on a Village map maintained by the Village Clerk's office and made available upon request;
(4) 
If parked in a public parking lot, not less than one parking spot is required for every eight feet of the mobile food establishment;
(5) 
Mobile food establishments must be parked in a manner which does not create a traffic hazard;
(6) 
Hours of operation for all mobile food establishments are limited to 7:00 a.m. to 10:00 p.m. every day;
(7) 
No sales of alcoholic beverages are permitted from mobile food establishments;
(8) 
The mobile food establishment must comply with all Village ordinances, including, but not limited to, § 240-10 regarding loud and unnecessary noise. The mobile food establishment may not generate noise louder than levels produced by the equipment used in operating the mobile food establishment;
(9) 
Mobile food establishments shall be responsible for keeping the area around the mobile food establishment clean and free from litter, garbage, refuse, and debris at all times and shall provide at least one leakproof container for the deposit of waste. Mobile food establishment operators are required to remove or otherwise properly dispose of all waste, litter, or garbage generated by their operations and patrons on a daily basis, including that which may be reasonably seen from the location of operation on the ground or otherwise not in a proper disposal container;
(10) 
Mobile food establishments shall not connect to any public source of electricity, water, or sewer without prior written consent from the Village;
(11) 
The permit holder, or other previously disclosed individual on the mobile food establishment application, shall be present at all times when the mobile food establishment is in operation;
(12) 
No written consent under § 138-3A(5) shall be required for single-day operations at private residences, provided that the permit holder notify the Village Clerk at least three days prior to such operations, and shall specify the date and times of operation;
(13) 
Any permit holder intending to change the location of its operation shall notify the Village Clerk at least three days prior to such change and shall specify the new location and proposed dates and times of operation.
A. 
The following shall be exempt from the requirements of this chapter:
(1) 
Employees, officers, agents, members, or volunteers for any not-for-profit or charitable organization;
(2) 
Seasonal stands for the sale of fresh produce;
(3) 
Direct sellers who already hold a valid Village-issued permit;
(4) 
Sales at public events held in public parks for which no admission is charged.
Any person, firm, corporation, permit holder, or other entity that violates the provisions of this ordinance may, upon conviction, have their permit revoked and may further be punished by a forfeiture of not less than $50 nor more than $1,000 per day for each day the violation exists. Each day's violation constitutes a separate offense.