[Ord. No. 22-2367, 9-19-2022]
A. 
Purpose. The City finds that allowing food trucks to operate, subject to practical regulations and limitations, is beneficial to persons living and working within the City. This Article recognizes the unique physical and operational characteristics of food trucks, establishes standards for food truck operations, and promotes practices that serve the health, safety, and welfare of the public.
B. 
Exemptions: The following types of businesses shall be exempt from the provisions of this Article:
1. 
Deliveries of prepared food items to customers for personal consumption who purchased or previously ordered said items.
2. 
Deliveries of food items to businesses for resale or for business use.
3. 
Food trucks used for a private non-commercial gathering by a resident on private property and limited to the resident and his/her guests where all food and drinks are offered pre-paid by the resident on a lump sum fee and not made available to the general public.
C. 
Definitions. For the purposes of this Article, the following words and their derivatives shall have the following meaning:
FOOD TRUCK
A lawfully licensed automobile, trailer, or cart designed for the cooking, preparation, and/or serving of food and beverage from the automobile, trailer, or cart for immediate consumption. This definition is not intended to include ice cream trucks that sell pre-packaged frozen dairy or water-based products, mobile businesses or food vendors which stop for thirty (30) minutes or less at a single location.
FOOD TRUCK OPERATOR
The owner of the food truck and/or any person driving and/or selling food items from the food truck.
FOOD TRUCK PERMIT
A permit issued by the City for the operation of a food truck.
LOCATION
Any single property, street, right-of-way, parcel, or any combination of contiguous parcels that are owned or controlled by a single entity or affiliated entities.
[Ord. No. 22-2367, 9-19-2022]
A. 
Food Truck Permit Required. No person shall operate a food truck at any location in violation of the requirements of this Article or without an annual food truck permit issued by the City Clerk, unless exempt in accordance with Section 605.260(B)(3). An annual food truck permit shall permit the operation of a food truck for the current calendar year, expiring on December 31 of the said year. Submittal of an application for a food truck permit must be accompanied by the food truck permit fee of fifty dollars ($50.00). Prior to receiving an annual food truck permit, an applicant must demonstrate that the applicant has all necessary approvals, licenses, and permits from the applicable health department.
B. 
Application. A formal request to operate a food truck shall be made by filling out the City's food truck permit application. Such application shall be submitted at least five (5) working days prior to the proposed time of operation. The application shall include, at minimum, the following information:
1. 
Name, phone number, email, and address of the owner of the vehicle;
2. 
Name, phone number, email, and address of the owner of the food truck company, if different;
3. 
Name, phone number, email, and address of the operator of the vehicle, if different;
4. 
A copy of the vehicle license and registration form reflecting the vehicle identification number of the vehicle;
5. 
A copy of proof of vehicular insurance coverage;
6. 
A copy all necessary approvals, licenses, and permits from the applicable health department;
7. 
A copy of any liquor license, if applicable;
8. 
A signed acknowledgement that the owner/operator has read this Article and will comply with all applicable requirements;
9. 
A copy of the person's sales tax license as issued by the State of Missouri, provided that no copy of a license shall be required of any business which appears on the City's annual report of sales tax payees as provided by the Missouri Department of Revenue;
10. 
The location where books and records are kept of sales which occur within the City and which are available for City inspection to determine that all City sales taxes have been paid; and
11. 
Any additional information required by the City Clerk to ensure the requirements of this Article are met.
C. 
Display. The food truck permit must be prominently displayed when the food truck is in operation. Permittees operating under this Article must keep such permit issued by the City available and present it upon request of any customer, City Official, or Law Enforcement Officer.
D. 
Change Of Information. Each permittee shall have an ongoing duty to provide the City with notice of any change to any of the information submitted with the food truck permit application.
E. 
Issuance. A food truck permit shall be issued by the City Clerk upon verification that an application has been completed in accordance with the requirements of this Section. No food truck permit shall be issued to an applicant whose permit had been revoked in the preceding twelve (12) months.
F. 
Renewal. A food truck permit may be renewed provided that all applicable requirements are met and the permittee is in compliance with the requirements of this Article.
G. 
Transferability. A food truck permit is not transferrable.
[Ord. No. 22-2367, 9-19-2022]
A. 
Persons that are issued a food truck permit to operate from a food truck within the City shall comply with the following provisions:
1. 
Location Regulations.
a. 
No food truck shall operate in residential areas except as part of a special event permitted activity, exempted by Section 605.260(B)(3), or when authorized by the City Administrator upon demonstration by the applicant that the requirements of this Article will be met, and the food truck will not detrimentally interfere with the surrounding residential uses.
b. 
A food truck permitted hereunder may not remain at a location overnight, beyond the operating business hours of the primary use on the property, or for more than twelve (12) consecutive hours, whichever is less.
c. 
Food trucks shall not be permitted on unimproved locations or at a location where the food truck would be the primary use of that location except as part of a special event permit.
d. 
Where a commercial business located in the City has posted signs requesting "no solicitors" or "no peddlers," food trucks shall not call on such businesses or persons inside such businesses without a prior, specific invitation.
e. 
No food truck may operate on a location that:
(1) 
Blocks fire lanes, sidewalks, designated traffic lanes, or ingress or egress to or from a building or street;
(2) 
Impedes the ingress to or egress from another business or otherwise causes undue interference with access to another business; or
(3) 
Blocks the lawfully placed signage of another business.
f. 
Issuance of a food truck permit under this Article by the City in no way authorizes the food truck to trespass on any property. If parking or remaining idle on private property in order to sell, offer for sale, or display a food item, the food truck operator shall obtain prior, written permission from the owner(s) of such private property for the time period the food truck plans to remain on such private property, and the food truck shall keep such written permission in the food truck at all times the food truck is parked or idle on any such private property and provide it upon request of any City Official or Law Enforcement Officer.
g. 
No food truck may go into a City park or park or remain idle on any public property (including streets and right-of-way) to sell, offer for sale, or display a food item, unless the food truck is operating in conjunction with a City event in accordance with the City's rules and regulations for such specific City event, or operating in conjunction with an approved special event, or has received written authorization from the City Administrator upon demonstration by the applicant that the requirements of this Article will be met and the operation will not disrupt traffic, create a nuisance, or cause a safety concern.
2. 
Safety And Operational Regulations
a. 
No power cord, cable, or equipment shall be extended across any parking lot, public street sidewalk, or other public property. No food truck operator may use stakes, rods, or any other methods of support that must be drilled, drive, or otherwise fixed into or onto asphalt, pavement, curbs, ground, sidewalks, or buildings.
b. 
In no event shall any food truck operator invite or allow customers into the food truck.
c. 
A food truck shall serve pedestrians only. Drive-through or drive-in service is prohibited.
d. 
The food truck and surrounding area must be kept neat and orderly at all times. The food truck operator must provide proper trash receptacles for public use that are sufficient and suitable to contain all trash generated by the food truck and its patrons.
e. 
A food truck operator shall follow all applicable City, State, or Federal laws and regulations, and shall comply with all applicable health laws or regulations that the health authority has adopted or may adopt, including regarding time, temperature, plumbing, operation, maintenance requirements, and any other related regulation.
[Ord. No. 22-2367, 9-19-2022]
A. 
Suspension Or Revocation. The Board may suspend or revoke a food truck permit of any person for cause shown. In such cases, the City Clerk shall schedule a hearing before the Board not less than ten (10) days prior to the effective date of revocation or suspension, and, prior to the hearing, the City Clerk shall give not less than ten (10) days' written notice to the food truck owner specifying the grounds for the suspension or revocation thereof and the time, date, and place of the hearing. Notice may be accomplished by personal delivery or U.S. Mail to the owner of the food truck as provided on the application. The hearing shall be conducted in accordance with Section 605.280 of this Chapter.
B. 
Grounds For Suspension Or Revocation. A food truck permit may be suspended or revoked for any of the following reasons:
1. 
The applicant for the food truck permit provided false information on the application unless the applicant can demonstrate that the falsehood was the result of excusable neglect;
2. 
Violating any provision of this Article;
3. 
That the conduct of the business violates any provision of this Code;
4. 
The operator of a food truck fails to maintain a current, valid vehicle registration, health department permit, or proof of required vehicular insurance; or
5. 
A food truck is operating in a manner that threatens the health, safety, or general welfare of the public.
C. 
Effect Of A Suspension. No person whose food truck permit shall have been suspended by order of the Board of Aldermen shall operate a food truck in the City during such suspension. No person whose food truck permit shall have been revoked by order of the Board of Aldermen shall operate a food truck in the City for at least twelve (12) months.
D. 
Violation. Any person violating any provision of this Article shall, upon conviction thereof, be adjudged guilty of an ordinance violation and punished as set out in Section 100.100 of this Code. The establishment of this penalty shall in no way take the place of or interfere with any suspension or revocation proceeding or the disapproval of any application for a subsequent food truck permit.
[Ord. No. 22-2367, 9-19-2022]
Persons aggrieved by any decision of the Finance Director or City Administrator hereunder may appeal pursuant to the procedures set forth in Section 605.070(C).