[Ord. No. 6283, 12-5-2022]
It shall be unlawful for any individual, vendor, corporation, business, or other organization to operate a food truck as defined in Section 655.030 within the corporate limits of the City of Sikeston, Missouri, without first obtaining a permit and license therefor in compliance with the provisions of this Chapter.
[Ord. No. 6283, 12-5-2022]
A.
The provisions of this Chapter shall not apply to the following:
1.
Tax exempt not-for-profit persons, associations or corporations
(i.e., Kiwanis, Lions, Elks, churches, Scouts BSA and like organizations).
2.
Trucks which drive around neighborhoods or public areas selling ice cream or frozen treats while stopped on the public right-of-way, more commonly known as "ice cream trucks," shall be licensed under Chapter 607, Itinerant Vendor.
3.
Vendors who are operating within an established farmers'
or flea market or are sellers of fresh fruits and vegetables.
4.
Neighborhood refreshment stands operated by children (e.g.,
lemonade stands).
[Ord. No. 6283, 12-5-2022]
As used in this chapter, the following terms shall have the
meanings indicated:
Any vehicle, trailer, cart, or other conveyance (whether
under its own power or towed, pushed, or pulled by another vehicle,
person, animal or device) from which ready to eat food or beverages
are sold.
[Ord. No. 6283, 12-5-2022]
A.
Applicants for license under this Chapter, whether a person, firm,
corporation, or other entity, shall file a written sworn application
signed by the applicant, on a form supplied by the City, showing:
1.
The name or names of the person or persons having the management
or supervision of applicant's business during the license period.
2.
The permanent address or addresses of such person or persons
while engaged in such business.
3.
The capacity in which such person or persons will act (that
is, whether as proprietor, agent or otherwise); the name and address
of the person, firm or corporation for whose account the business
will be carried on, if any; and if a corporation, under the laws of
what State the same is incorporated.
4.
A brief description of the nature of the business and the goods
to be sold.
5.
If a vehicle is to be used, a description of same, together
with license number or other means of identification.
6.
Proof of a valid and current New Madrid County or Scott County
health inspection certificate.
7.
Proof of financial responsibility on each vehicle in the amounts
required by City and State laws.
[Ord. No. 6283, 12-5-2022]
Food trucks must pass an annual City inspection per current
applicable municipal codes and fire codes prior to issuance of license.
[Ord. No. 6283, 12-5-2022]
A.
A license fee, which shall be charged by the City of Sikeston for
such license, shall be twenty-five dollars ($25.00) per year per vehicle,
trailer, cart or conveyance.
B.
An inspection fee, which shall be charged by the City of Sikeston
for such license, shall be twenty-five dollars ($25.00) per year per
vehicle, trailer, cart or conveyance.
[Ord. No. 6283, 12-5-2022]
Licensees shall post conspicuously in or on the licensed vehicle,
trailer, cart, or other conveyance a copy of their license.
[Ord. No. 6283, 12-5-2022]
A.
Food trucks are permitted to operate only in the following locations:
1.
On private property, with property owner permission, in non-residential
zoning districts.
2.
In City-designated food truck parking stalls during posted times.
3.
In City parks, with the following conditions:
a.
Food trucks may only locate in parking lots, not on streets,
within the park.
b.
Any use of a park by a food truck operator shall be a non-exclusive
use, and use of any particular location shall be on a first-come-first-served
basis.
c.
A food truck may only operate in a particular park up to four
(4) hours per day and no more than four (4) days per week, and food
trucks may not be parked overnight in a City park unless part of an
approved event.
e.
Food trucks may not operate in the following parks during the
following events, unless granted written permission from the Parks
and Recreation Department:
f.
If event organizers have rented a specific park or area of a
park for a certain time period, then food trucks are not permitted
in those areas during those times without permission of the event
organizers.
g.
It is a privilege, not a right, to operate a food truck in a
public park, and that privilege may be revoked by the City Manager
or Parks and Recreation Director at any time, upon written notice
to the food truck operator.
B.
Food trucks shall not sell from the following locations:
1.
On public streets or rights-of-way, including sidewalks, except
in the following circumstances:
a.
Hand pushed or pulled, non-motorized carts may be operated on
sidewalks in non-residential zoning districts, under the following
conditions:
(1)
Carts must not be parked adjacent to any single
property more than four (4) hours per day, four (4) days per week.
(2)
Cart owners/operators must have permission from
the adjacent property owner, unless the cart is simply moving across
the right-of-way and only stops momentarily to make a sale.
(3)
Cart location must not impact pedestrian, bicycle,
or motor vehicle traffic circulation or cause other safety issues.
b.
Food trucks may operate on public streets or rights-of-way when
said areas have been closed to vehicular traffic as part of a special
event, provided the food truck operator has permission from the event
organizer.
2.
In residentially zoned districts, except as part of a City-approved
event.
[Ord. No. 6283, 12-5-2022]
A.
In carrying on business within the City of Sikeston, all food trucks
licensees shall adhere to the following operational standards:
1.
All applicable local, state and Federal laws shall be obeyed,
including, without limitation, building and fire codes related to
their equipment and operations, and applicable health regulations.
Food truck operations 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 food truck, given the nature of the
activity, its location on the site and its relationship to it.
2.
A food truck shall not be parked on the street overnight. Any
food truck found to be unattended shall be considered a public safety
hazard and may be ticketed and impounded.
3.
The customer service area for food trucks shall be on the side
of the truck that faces a curb, lawn or sidewalk when parked. No food
service shall be provided on the driving lane side of the truck.
4.
Customers shall be provided with single service articles such
as plastic utensils and paper plates and a waste container for their
disposal. All food truck operators shall offer a waste container for
public use which the vendor shall empty at its own expense. All trash
and garbage originating from the operation of mobile food vehicles
shall be collected and disposed of off-site by the operators each
day. Spills of food or food by-products shall be cleaned up, and no
dumping of gray water on the streets is allowed.
5.
No food truck operator shall make or cause to be made any unreasonable
or excessive noise. No loud music, other high-decibel sounds, horns,
or amplified announcements are allowed.
6.
No flashing or blinking lights, or strobe lights are allowed
on mobile food vehicles or related signage when the vehicle is parked
and engaged in serving customers.
[Ord. No. 6283, 12-5-2022]
A.
Any license issued pursuant to this Chapter may be revoked immediately
by the City Manager of the City of Sikeston, Missouri, for any of
the following causes:
1.
Any fraud, misrepresentation or false statement contained in
the application for license;
2.
Any fraud, misrepresentation or false statement made in connection
with the selling of goods, wares or products;
3.
Any violation of this Chapter;
4.
Conviction of the licensee of any felony or of a misdemeanor
involving moral turpitude; or
5.
Conducting the business licensed under this Chapter in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
B.
The license of a food truck operator shall be suspended until such
time as may be heard publicly and reinstated by the City Council.
C.
Notice of hearing for revocation of a license shall be given, in
writing, setting forth specifically the grounds of the complaint and
the time and place of the hearing. Such notice shall be mailed, postage
prepaid, to the licensee, at his/her last-known address, at least
five (5) days prior to the date set for the hearing.
[Ord. No. 6283, 12-5-2022]
All licenses issued under the provisions of this Chapter shall
expire on June 30 of each year.
