(a) 
Definition.
Mobile food vendors (MFV).
Any business which sells edible goods from a nonstationary location within the city. The term shall include:
(1) 
Concession trailer.
A vending unit which is pulled by a motorized unit and has no power to move on its own.
(2) 
Concessions carts.
Mobile vending units that must be moved by nonmotorized means.
(3) 
Mobile food truck.
A self-contained motorized unit selling items defined as edible goods.
(4) 
Short-term MFV.
An MFV business selling edible goods for a period no longer than the public event in which the business is participating, from 1 to 4 days.
(5) 
Long-term MFV.
An MFV business selling edible goods as an additional business on private property where a business already exists. A long-term MFV may be stationary as a semi-permanent business providing edible goods longer than four (4) days and not related to an event. A long-term MFV may be permitted to remain overnight.
(b) 
Applicability.
The regulations set forth in this article shall not apply to peddlers, vendors, and itinerant merchants as the same are defined in article 4.06 of this code. Provided, however, that any person or business whose operations in the city constitute a combination of activities regulated under this article and article 4.08 [article 4.06] may be authorized to operate in the city if issued a permit under article 4.06.
(Ordinance 2017-O-503, sec. 3, adopted 2/9/17)
(a) 
Short-term mobile food vendors and long-term mobile food vendors are both required to obtain a permit.
(b) 
The MFV permit application for each type of use would contain the following information:
(1) 
Name of applicant.
(2) 
Phone number and driver’s license number of business owner.
(3) 
Sales tax number with a copy of sales tax permit.
(4) 
A copy of the health department permit.
(5) 
Legal name of business or entity.
(6) 
Signed permission from the property owner where the MFV will operate.
(7) 
Description of food being sold.
(8) 
Other required permits: TABC if selling alcoholic beverages.
(9) 
An MFV applying for a long-term permit must also provide: an exhibit sketch showing where the mobile food unit will be located on the private property (distances to the existing business structure, property boundaries and setbacks, and temporary utility connections should be included); and a fire marshal’s inspection report.
(c) 
The application fee for a mobile food vendor (MFV) shall be as provided in the city’s appendix A fee schedule. Each mobile food vendor unit shall be permitted separately.
(d) 
A permit will not be issued if the MFV occupies the proposed site or sites prior to receiving a permit.
(e) 
Permits are issued for one calendar year and are valid for one year from date of issuance.
(f) 
No more than one MFV unit (truck, trailer, or cart) is allowed per permit.
(g) 
MFV permits are issued by the city administrator, city secretary, or authorized representative.
(h) 
When a long-term MFV is proposed to be located on private property along with an existing business, the property owner must apply for and receive a conditional use permit before the MFV permit can be issued. The following conditions shall apply:
(1) 
The applicant must provide a written agreement between the existing business owner and the long-term MFV for utility usage and access to the business’s restroom facilities by the MFV’s employees.
(2) 
The MFV unit location must observe all setback requirements as though the MFV was a permanent structure.
(3) 
City staff may require that amenities such as multiple trash bins be provided based on the proposed use and hours of operation.
(4) 
The MFV unit must be inspected by the fire marshal every six months.
(i) 
For a long-term MFV located on private property not owned by the MFV permittee, and the owner discontinues permission for occupancy by notifying the city in writing, the MFV permit is rescinded and the MFV must vacate the property.
(Ordinance 2017-O-503, sec. 3, adopted 2/9/17)
(a) 
MFVs are allowed in areas zoned as B-l, B-2, O, I-1 or I-2.
(b) 
MFVs are not allowed in any area zoned as rural residential, single-family residential, two-family residential, multifamily residential, manufactured home, or RV park.
(c) 
MFVs are not allowed on vacant lots.
(Ordinance 2017-O-503, sec. 3, adopted 2/9/17)
Hours of operation to be included for approval with permit application. An MFV may operate for one hour prior to and one hour following the hours of sales each day. The specific hours of operation should be consistent with the event for short-term MFVs or consistent with the existing business’s hours of operation for long-term MFVs.
(Ordinance 2017-O-503, sec. 3, adopted 2/9/17)
Short-term MFVs may not exceed four (4) days of operation at any single location in a one-week period of time, starting on Monday and ending on Sunday unless operating with a permitted event. For sponsored events that extend longer than four (4) days, a short-term MFV may operate during the entire event, but not prior to or after the event.
(Ordinance 2017-O-503, sec. 3, adopted 2/9/17)
(a) 
The short-term MFV may not occupy the approved site location except on the days of actual operation.
(b) 
Noise generation of any kind by the MFV is not allowed per section 8.05.002(c)(9) of the city code.
(c) 
The MFV unit must not reduce or restrict parking spaces, fire lanes or traffic flow.
(d) 
The MFV applicant must remove all trash daily, and shall not allow any trash to accumulate at any time.
(e) 
MFVs are only allowed on city property or in public (city) rights-of-way during city-approved or city-sponsored events. Any MFV in a right-of-way may not be located in a manner that interferes with line of sight for any intersection or otherwise obstruct the view for traffic or pedestrians on or crossing any street.
(f) 
Long-term MFVs are not allowed on any public rights-of-way, state highway easement, or state property.
(g) 
MFVs are not allowed on any property unless specific written permission is provided prior to issuing a permit.
(h) 
MFVs may not occupy a property location before the permit is issued.
(i) 
The long-term MFV is not permitted or allowed to connect to any permanent utilities except for electricity and water. Any connection to the domestic water supply must be protected by an approved backflow device and only be connected when water is flowing to fill on board water tanks. The connection to the domestic water supply must be disconnected at any time the water is not actually flowing to the MFV unit.
(j) 
The permit must be displayed in a conspicuous place on the MFV unit where it can be read by the general public.
(k) 
Violation of any MFV regulation, application and permit process, hours of operation, duration of operation, is cause for immediate termination of the MFV permit. Any applicant or MFV unit permit which is terminated for cause may not apply or receive a MFV permit for the next 12-month period from the date of the violation.
(Ordinance 2017-O-503, sec. 3, adopted 2/9/17)