[Ord. No. 2591, 9-13-2022]
A. As used in this Article, the following terms or phrases are defined
as follows:
MOBILE FOOD VENDING
The act of selling food and/or beverages by operating a mobile
food truck, a mobile food cart, or a mobile packaged food delivery
truck.
1.
a.
Non-potentially hazardous foods, as defined by the Ray County
Health Department.
b.
Commissary-wrapped food maintained at proper temperatures.
2.
MOBILE FOOD TRUCKAn enclosed vehicle, truck or trailer licensed to operate on public roads in which a person travels from place to place to serve food or beverage.
3.
MOBILE PACKAGED FOOD DELIVERY TRUCKAn enclosed vehicle or truck licensed to operate on public roads in which a person travels from place to place to deliver packaged food that has been previously ordered.
4.
SINGLE-UNIT MOBILE FOOD TRUCKA Federal Highway Administration (FHWA) Class 1-7 vehicle, with vehicle weight less than thirty-three thousand (33,000) pounds, that is licensed to operate on public roads in which a person travels from place to place to sell packaged food items.
[Ord. No. 2591, 9-13-2022]
A. Except as otherwise provided in Section 605.520 of this Article,
a mobile food vendor permit is required for the following:
[Ord. No. 2591, 9-13-2022]
A. A mobile food vendor permit is not required for the following:
1.
Mobile packaged food delivery trucks.
2.
Neighborhood refreshment stands and other similar products.
[Ord. No. 2591, 9-13-2022]
A. Application Fee. An application fee shall be required upon submittal
of each mobile food vendor permit application, in accordance with
the City's Comprehensive Fee Schedule.
[Ord. No. 2591, 9-13-2022]
Applicants for mobile food vendor permits must comply with the application requirements set forth in Section
630.550 of this Article.
[Ord. No. 2591, 9-13-2022]
A. Location On Private Property. Mobile food vending is permitted in
all commercial zoning districts, on private property if:
1.
The vendor has obtained the permission of the property owner;
2.
The vendor is in compliance with all provisions of this Division,
including those Sections addressing permits;
3.
The vendor must be located on a paved surface.
B. Location In Right-Of-Way.
1.
The vendor shall not locate within a sixty (60) foot radius
from the primary entry of a brick-and-mortar restaurant during posted
hours of operation, unless they have written permission from the restaurant
owner.
2.
Mobile food vending is prohibited from the right-of-way in residential
areas, with the following exception:
a.
Single-unit mobile food trucks that do not exceed a fifteen
(15) minute parking duration for sales/services are permitted.
C. Location During An Entertainment Event (Festival). The vendor shall
not locate within one-half (1/2) mile from the boundary of any entertainment
event (festival) requiring street closure, except when:
1.
The vendor has written authorization from the festival/event
coordinator to operate within the festival boundaries or within one-half
(1/2) mile thereof.
D. Hours Of Operation And Duration. Mobile food vendors can operate
between the hours of 7:00 A.M. to 9:00 P.M.
E. Compliance With Other Laws And Regulations. Vendors must at all times
comply with all applicable legal and regulatory provisions, including,
without limitation, health code regulations.
F. Restoration Of Site. Immediately upon cessation of the vending, the
site shall be returned to its previous condition, including the removal
of all litter, or other evidence of the vending. If the site is not
returned to its previous condition, the City may restore the site
at the expense of the applicant.
G. Health And Safety Criteria. Mobile food vending shall not impair
the normal, safe, and effective operation of a permanent use on the
same site. Mobile food vending shall not endanger or be detrimental
to the public health, safety, or welfare or injurious to property
or improvements in the immediate vicinity of the vending, given the
nature of the activity, its location on the site and its relationship
to it, and must submit a copy of Health Department approval.
H. Traffic Circulation. Mobile food vending shall not cause undue traffic
congestion or accident potential given anticipated attendance and
the design of adjacent streets, intersections, parking, and traffic
controls. All sidewalks shall be left open for pedestrian traffic
unless special approval is received for blockage. No alleys, driveways,
fire lanes or other access points shall be blocked by the vending
unless specific approval is granted for the vending.
I. Off-Street Parking.
1.
All off-street parking surfaces used for mobile food vending
shall be concrete or asphalt.
2.
No more than twenty percent (20%) of the parking stalls required
for the structure associated with the parking lot in which the vending
occurs shall be permitted to be used for mobile food vending.
3.
Mobile food vending shall not cause a shortage of parking for
the primary use on the property on which they are located. Mobile
food vending shall not create a shortage of parking for uses on properties
surrounding the property on which they are located.
J. Anchoring Devices. No spikes, nails, anchors, or other devices shall
be driven into any public street or sidewalk. Such devices may be
used on private parking lots, provided any damage resulting therefrom
shall be repaired upon cessation of the event and removal of the devices.
K. Nuisances. The mobile food vending shall not generate excessive noise,
dust, smoke, litter, glare, spillover lighting or other forms of environmental
or visual pollution.
L. Waste Disposal. Mobile food vendors must provide adequate sanitation
bins for refuge. The disposal area must be kept clear of debris and
neat in appearance.
[Ord. No. 2591, 9-13-2022]
A. No separate sign permit shall be required for signs related to mobile
food vending.
B. Signs related to a mobile food vendor shall be limited to signs that
can only be affixed to the vehicle and one (1) sandwich board sign
in immediate proximity of the vendor unit or truck, and must be removed
by 9:30 P.M.
[Ord. No. 2591, 9-13-2022]
A. The City Administrator, or their designee, may approve any mobile
food vendor permit after determining that the event will comply with
all mobile food vending performance standards and application criteria
and requirements.
B. Appeal Of Denial.
1.
The denial of any application by the City Administrator, or
their designee shall be in writing.
2.
The applicant, in the event of a denial of a mobile food vendor
permit, and a permit holder, in the event of the revocation of a mobile
food vendor permit, shall have the right to appeal a decision of the
City Administrator, or their designee, to the City Council.
3.
Appeal To City Council. Applicants denied a mobile food vendor
permit may appeal to the City Council by filing such appeal with the
City Administrator, or their designee, with full documentation supporting
his or her application, within ten (10) days of the denial.
4.
Schedule. Appeals shall be placed on the first available City
Council meeting agenda for consideration.
5.
City Council Consideration. The City Council action shall be
final and may include additional fees to cover the cost of providing
City services and/or any other conditions deemed necessary to protect
the general welfare of the City and the public.
C. Prohibition On Transfer. No mobile food vendor permit issued under
the provisions of this Section shall be assignable or transferable
to any other person or transferable to another location for the operation
of mobile food vending by that person or at a different location.