(a) This
article is intended to provide a safe, orderly means for mobile food
establishments (MFEs) to conduct business within the corporate limits
of the city. All regulations of this article are deemed necessary
for the protection of the health, safety and general welfare of the
businesses as well as the citizens of the city.
(b) No
MFE shall operate without an MFE permit issued by the city subject
to this article.
(c) The
provisions of this article shall be administered by the city manager
or their designee (city manager).
(Ordinance 2016-9-27A adopted 9/27/16)
Mobile food establishment (MFE).
A food establishment designed to be readily movable. It may
be a motor vehicle, cart or trailer which is towed by a motor vehicle.
Transient MFE.
An MFE which is not stationary in any single location for
greater than 15 minutes.
(Ordinance 2016-9-27A adopted 9/27/16)
(a) Semi-stationary and transient MFE permits shall be issued by the city manager or their designee following review of a complete application for compliance with this article, and subject to payment of any associated fees established in appendix
A [article
9.04] of this code.
(b) The
MFE permit is valid for one (1) year from the date of issuance.
(c) The
MFE permit runs with the establishment, not with the land.
(d) The
same MFE may be issued both a semi-stationary and a transient MFE
permit, provided separate applications are submitted and approved
for each permit.
(e) The
issued MFE permit must be displayed at all times during operation.
(Ordinance 2016-9-27A adopted 9/27/16)
(a) All
MFEs shall comply with the following requirements upon application
for an MFE permit:
(1) All sales from a MFE, when located within the city limits, shall
be billed as taxable to the city. The city reserves the right to perform
audits to ensure that the city is the location for sales tax revenue
and, the city reserves the right to revoke the MFE permit for noncompliance;
(2) A mobile food establishment permit has been issued by county and
cities health district; and
(3) Written consent of the owner of the property(ies) upon which the
MFE is to be located is provided.
(b) MFEs
shall not:
(1) Cause adverse on-site or off-site traffic impacts;
(2) Encroach on a landscape/pedestrian setback along a designated corridor
roadway;
(3) Encroach on a landscaped compatibility buffer established in the
site development ordinance;
(4) Include drive-through service; or
(5) Operate in required off-street parking spaces, driveways, or fire
lanes.
(Ordinance 2016-9-27A adopted 9/27/16)
(a) Semi-stationary
MFEs shall be considered an accessory use, unless operating within
an approved mobile food establishment court. MFEs shall not be considered
an accessory structure.
(b) Semi-stationary
MFEs shall only be permitted:
(1) In C2, C3, I1 and I2 of the zoning use table; and
(2) Outside of dedicated rights-of-way.
(Ordinance 2020-1027-05 adopted 10/27/20)
(a) Transient
MFEs shall only be permitted:
(1) Outside of dedicated rights-of-way or in rights-of-way that are not
identified by the city as an arterial roadways;
(2) To operate at any time between thirty (30) minutes prior to sunrise
and thirty (30) minutes after sunset.
(b) Transient
MFEs shall not:
(1) Remain stationary at any one location for more than 15 minutes; or
(2) Be located within a residential zoning district unless within a right-of-way.
(Ordinance 2016-9-27A adopted 9/27/16)
(a) For
each violation of this article, the city manager shall forward written
notice of violation to the MFE permit holder advising of the nature
and date of the alleged violation, opportunity for a hearing before
the city manager, and penalties for continued noncompliance. The notice
of violation shall be delivered to the MFE permit holder, either by
(1) personal service; (2) regular mail, addressed to the MFE permit
holder’s last known address; or (3) posting on the MFE or premises
in a conspicuous place at or near the entrance to the MFE or premises,
in which case a copy of the NOV shall also be mailed by regular mail,
to the MFE permit holder’s last known address.
(b) For
each alleged violation under this article, the city manager shall
provide an opportunity for a hearing at which the MFE permit holder
may present to the city manager evidence of the nonexistence or remedy
of the alleged violation. An MFE permit holder may request a hearing
in writing to the city manager not more than five (5) business days
after the date of the notice of violation, and the hearing shall be
held within a reasonable time of the city manager’s receipt
of such written request, which shall not exceed ten (10) business
days. If not requested in writing within five (5) business days of
the date of the notice of violation, the right to a hearing shall
be deemed waived. Following the hearing or waiver, the city manager’s
determination shall be final.
(c) If
the city manager determines that a MFE permit holder has violated
any provision of this article, the city manager may suspend the MFE
permit until all violations have been remedied. If the city manager
determines that there are severe or repeated violations, the city
manager may revoke the MFE permit indefinitely.
(d) The
holder of a suspended MFE permit may at any time submit to the city
manager a written request for reinstatement evidencing remedy of all
violations. The city manager shall reinstate the MFE permit if all
violations have been remedied. The holder of a revoked MFE permit
may not reapply for a period of twelve (12) months from the date of
revocation.
(e) Notwithstanding
the foregoing, the city manager may immediately suspend or revoke
a MFE permit without warning, notice, or hearing if the city manager
finds it necessary to address an imminent risk to public health, safety,
or welfare. In such circumstances, the city manager must advise the
MFE permit holder of all measures required to correct any existing
violation(s) and/or provide an opportunity for a post-suspension/revocation
hearing before the city manager within a reasonable time after the
suspension or revocation, which shall not exceed ten (10) business
days.
(f) The
remedies and penalties provided in this article are not exclusive
and shall be cumulative of any other remedies and penalties available
under federal, state, or local law.
(Ordinance 2016-9-27A adopted 9/27/16)