[Ord. No. 7-2022, 8-9-2022]
The purpose of this Chapter is to regulate mobile vending units in a manner that protects the public health, safety, and welfare, while accommodating economic activity by mobile vending unit operators to promote an active and social pedestrian environment within appropriate areas of the City. This Chapter is intended to function in conjunction Chapter 400, Articles IV and V (Zoning Districts and Zoning Map and Zoning District Regulations) which set forth the permitted zoning districts in which mobile vending units may operate and Chapter 605 (Business Licenses and Regulations).
[Ord. No. 7-2022, 8-9-2022]
A.
Location And Placement.
1.
Mobile vending units are permitted in every Commercial ("C-1"
and "C-2") and Manufacturing ("I-1" and "I-2") Zoning District in
Article IV of this Chapter.
2.
In residential zoning districts ("A-1," "R-1," "R-2," "R-3"
and "R-MP"), mobile vending units shall only permitted in association
with the following:
a.
Mobile vending units participating in City-run events such as but not limited to festivals and major and minor events as described in Section 400.420 (Temporary Uses), with prior approval by the City Administrator (or designee);
b.
Mobile vending units operating within City of Branson West public
parks or on City of Branson West-owned right-of-way immediately adjacent
to public parks;
3.
Prior to authorization by the City, mobile vending unit operators
shall obtain written permission from the property owner to conduct
business on private property.
4.
Mobile vending units shall operate within areas of a lot or
parcel that are paved with asphalt, concrete or other material that
provide equivalent protection against potholes, erosion, and dust
and must be located on a paved surface large enough to accommodate
the vendor and customer vehicles, unless it is part of an approved
special event.
5.
Mobile vending units shall not operate within the following
areas:
a.
Designated fire lanes or "no parking" zones.
b.
Locations which restrict or interfere with vehicular ingress
or egress of either abutting properties or the property from which
they are operating, in a manner that creates a public nuisance, increase
traffic congestion or delay, constitutes a hazard to life and property,
or obstructs adequate access for fire, police or public safety vehicles.
6.
Mobile vending units shall not utilize PA systems, bells, or
similar devices designed to attract attention when stationary.
B.
Location Registration.
1.
Every mobile vending unit licensed to operate in the City of
Branson West shall complete a location registration form describing
the location and hours of operation at least twenty-four (24) hours
prior to selling from any permitted location in the City. The location
registration shall include written permission from the property owner
allowing the mobile vending unit to operate on the subject parcel.
C.
Hours Of Operation.
1.
Mobile vending units shall only operate between the hours of
7:00 A.M. and 10:00 P.M.
2.
The mobile vending unit shall not be stored at a personal residence
within the City of Branson West unless located within a fully enclosed
structure.
3.
The mobile vending unit shall not be left over night on any
premises.
D.
Vehicle Appearance, Maintenance And Peripheral Setup. Mobile vending
units shall be kept in good mechanical and structural condition and
adhere to the following:
1.
A clean exterior and interior.
2.
Equipped with signs to alert traffic to proceed with caution
past the truck while the truck is serving customers.
3.
The company name/operator affixed in a professional manner on
the sides and rear of the vehicle.
4.
Generators or fuel tanks shall be affixed to the vehicle or
placed on the ground at least fifty (50) feet from the mobile vending
unit in a manner that will not pose a fire or safety hazard.
5.
No tents, tables, chairs, or other materials shall be placed at the designated vending area, except as permitted under Subsection (D)(10) below.
6.
Signage shall be limited to signs permanently or magnetically
affixed to the mobile vending unit.
7.
Mobile vending units shall only be permitted to connect to City
water, electric, or other utility to conduct business with written
consent of the City.
8.
Mobile vending units must provide for the sanitary collection
of all refuse, litter, and garbage generated during food preparation
and service by the mobile vending unit and by patrons using the service,
and remove all such waste materials from the location before the mobile
vending unit departs.
9.
Accessory cooking units such as barbeque smoker shall be subject
to approval by the City Administrator prior to use. Further, a mobile
food vendor preparing and selling barbeque shall be required to locate
its hot box in an area where access is restricted to the vendor and/or
its employees only, unless such hot box is located inside of a truck,
van, trailer, etc., which prevents patrons from being near the hot
box.
10.
Outdoor seating is permitted only after the City's receipt
of a written and signed document stating the number of seats and a
plan for seating from the owner of the property where the vendor is
requesting to operate its vending trailer, cart or stand, or the seating
is in conjunction with an approved special event.
E.
Sale Of Alcoholic Beverages. The sale of alcoholic beverages shall
be governed by the terms of Codified Ordinances of the City of Branson
West.
F.
Required Insurance, License, And Permits.
1.
Every mobile vending unit and/or ice cream vending vehicle shall
indemnify and hold harmless the City of Branson West frall suits or
actions brought against the City for or on account of any injuries
or damages received or sustained by any party of parties for or from
the said vendor.
2.
Each applicant for a mobile food vendor license shall provide
written evidence of commercial general liability insurance, a Missouri
sales tax permit, and a food handler's license for each employee,
and any other information reasonably requested by the City's
application form to verify compliance with the City's ordinances.
3.
Required licenses and permits must be prominently displayed
either in the window or in a location where they are easily visible
to customers.
4.
Every operator of a mobile vending unit or ice cream vending vehicle shall, before doing or offering to do business, procure from the City an occupational license in accordance with Chapter 605 (Business Licenses and Regulations) of this Code.
a.
A fee shall be paid in accordance with the City of Branson West's
adopted fee requirements, prior to issuance of the occupational license.
b.
The issuance of a business license shall be subject to the operator
first acquiring the appropriate license or permit from the applicable
County Health Department. The operator shall also sign an acknowledgement
that he or she all adhere to all provisions of this Section.
5.
Annual Renewal Of Occupational License. Mobile vending unit
and ice cream vending vehicles operators shall renew their occupational
license with the City of the amount to be fifty dollars ($50.00) per
year. All annual licenses shall run from the first day of June until
the last day of May the following year. If license is purchased after
January first, the fee will be prorated at five dollars ($5.00) per
month for the remaining part of that year and will expire on May 31st.
No refunds will be made for licenses purchased for any part of a remaining
year. The issuance of an occupational license shall be subject to
proof that the operator has renewed the appropriate license or permit
with the appropriate County Health Unit.
6.
Sales Tax. The mobile vending unit operator must have proof
of sales tax permit.
G.
Public Health Standards.
1.
Any mobile vending unit operating in the City of Branson West
shall be properly permitted by the applicable County Health Department
based on the location from which operations will occur.
2.
No food, food products, or beverages for public consumption
shall be kept, offered for sale, transported, or handled except in
accordance with the rules and regulations of the State of Missouri
and the applicable County Health Department.
3.
Mobile food vendors are responsible for keeping the sidewalk,
parking lot, or street within twenty (20) feet of their stands clean
of all trash generated by their vending operations, and for washing
that area or any eating areas occupied by their stand in a manner
that will prevent rodent and/or pest infestation.
4.
Mobile food vendors must remove from the permitted site at the
end of each day all trash, litter, garbage, refuse and waste, including
but not limited to greasy cooking water, greywater, ashes, grease,
etc., generated by their vending operations. No greywater, ashes,
or grease may be deposited on the ground and must be disposed of in
a proper manner. No vendor may place or deposit any trash, litter,
garbage, refuse or any other wastes generated by his or her licensed
operations on the sidewalk, in any public receptacle, or on any private
property without the express permission of the property owner.
H.
Suspension And Revocation Of License. Suspension or revocation of
a license shall occur in accordance with the Codified Ordinances of
the City of Branson West.
I.
Fire Safety Requirements. All mobile vending units must meet the
requirements of the Southern Stone County Fire Protection District
and any applicable ordinances of the City relating to fire safety.
J.
Ice Cream Vending Vehicles. Vehicles from which only pre-packaged
frozen dairy or frozen water-based food products, soft serve or hand-dipped
frozen dairy products, frozen water-based food products, and pre-packaged
beverages are sold which are consistently moving and not parked in
any one (1) location for extended periods may operate in any zoning
district. Said vehicles shall adhere to the following:
1.
Ice cream vending vehicles shall be licensed with the City of Branson West to operate and adhere to all required insurance and permit requirements per Subsection (F) of this Section.
2.
PA sound systems, bells and other similar devices designed to
attract attention shall not be used when the ice cream vending vehicle
is stationary.
3.
Ice cream vending vehicles shall only operate between the hours
of 10:00 A.M. and 10:00 P.M.
4.
Ice cream vending vehicles shall not be stored at a personal
residence within the City of Branson West unless located within a
fully enclosed structure.
5.
