[Added 7-14-2020 by Ord.
No. 21-02]
As used in this article, the following terms shall have the
meanings indicated:
A food service establishment located within a self-propelled
vehicle or within a trailer, kiosk or cart (or something similar)
that is pulled by a vehicle, used to store, prepare, display, serve
or sell food/beverages, for consumption in a place other than in or
on the unit. Any such mobile food vendor is deemed nonpermanent and
shall be fully transportable and moveable within 24 hours.
[Amended 3-14-2023 by Ord. No. 23-06]
A.
No mobile food vendor shall sell, solicit, dispose of or offer food,
beverages, goods or products for sale within the Town unless it first
obtains a mobile food vendor business license issued by the Town.
B.
Licensed mobile food vendors shall only operate during the hours
of a Town-approved permitted public event.
C.
A separate mobile food vendor permit must be obtained for each permitted public event from which sales will be conducted. See § 90-23.
D.
Licensed mobile food vendors shall display their license on or within
the mobile food vending unit.
E.
An application for a mobile food vendor business license shall set
forth the following information:
A.
An application for a mobile food vendor permit shall be filed with
the Town. An application fee will be charged for each mobile food
vendor application submitted. Such fees are set annually by resolution
of the Town Council. An application for a mobile food vendor permit
shall set forth the following information:
[Amended 3-14-2023 by Ord. No. 23-06]
(1)
If a motor vehicle is to be used:
(a)
The name and address of the owner of the motor vehicle as registered
with the appropriate state Division of Motor Vehicles, and a copy
of the current registration for the motor vehicle, also a copy of
the owner's driver's license.
(2)
The name, hours, address and nature of the permitted public event
where the mobile food vendor will store, prepare, display, serve or
sell its food/beverage products and for which the mobile food vendor
seeks a permit.
(3)
The mobile food vendor's hours of operation. Mobile food vendors
shall open and close no earlier than the hours permitted by the Town
for the associated permitted public event.
(4)
A mobile food vendor vehicle is to have a fixed or semifixed location
at the permitted public event from which sales will be conducted.
Accordingly, the applicant must submit:
(a)
A signed statement of permission from the property owner(s)
(if other than the applicant) evidencing permission to conduct food
vending at the location; and
(b)
A map of the designated location with any associated furniture
included in the drawing; furniture may be allowed so long as it is
located within 10 feet of the mobile food vendor and does not impede
pedestrian or vehicular traffic.
B.
No individual or organization shall operate, or cause to be operated,
any mobile food vending unit within the Town without doing both of
the following:
(1)
Providing to the Town a certificate of general commercial liability
insurance from an insurance company duly licensed to transact such
business in the state, with a minimum coverage amount of $100,000
and that names the Town as an "additional insured."
(2)
Affirming, in writing, that the individual or organization will forever
indemnify and hold harmless the Town and all of its agents, employees
and representatives from and against all claims, damages, losses,
suits and actions, including attorney's fees, arising or resulting
from operation of a mobile food vending unit in the Town.
C.
Permitted
mobile food vendors shall display their permit on or within the mobile
food vending unit.
[Added 3-14-2023 by Ord. No. 23-06]
A.
Upon the filing of an application for a mobile food vendor permit,
the Town Manager shall investigate the facts therein set forth. The
Town Manager (or designee) may then approve or deny the permit application.
[Amended 3-14-2023 by Ord. No. 23-06]
B.
Mobile food vendors may be located on public or private property,
provided that said vendors shall only operate at such locations during
permitted public events. For any permitted public event, the Town
Manager (or designee), in his or her discretion, may limit the number
of mobile food vendors in order to protect the health, safety, and
welfare of the people attending and/or the general public.
[Amended 3-14-2023 by Ord. No. 23-06]
C.
Only self-contained lighting is allowed. High intensity lights or
lighting that spills over from the permitted public event site where
the mobile food vendor will be located and that is sufficient to cause
glare, distract drivers, or obstruct vision is prohibited.
D.
No temporary, removable vendor stand shall interfere with vehicular
or pedestrian movement on a parcel or adjacent rights-of-way.
E.
A mobile food vendor permit issued shall not authorize any person,
except the person designated therein, to engage in any business thereunder.
A mobile food vendor permit shall not be transferable.
F.
The Town Manager (or designee) shall, within seven days of receipt
of a mobile food vendor permit application, approve, deny and/or modify
the application.
[Amended 3-14-2023 by Ord. No. 23-06]
G.
The applicant may appeal any denial or modification of the permit
by promptly filing at Town Hall a written notice setting forth grounds
for such appeal. Any such written notice of appeal must be filed within
five days of the Town Manager's (or designee's) decision. Said appeal
will be held before Town Council. The decision of Town Council regarding
an appeal shall be final.
[Amended 3-14-2023 by Ord. No. 23-06]
