(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.
Semi-stationary MFE.
An MFE which remains in a single location for an excess of 15 minutes.
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)