[Ord. No. 1691, 4-3-2023]
The purpose of these regulations is to provide a set of standards for the location and use regulations for mobile food vendors within the Concordia City limits. The intent of these regulations is to protect the public health, safety and community welfare, while allowing mobile food vendors to conduct business within the City limits.
[Ord. No. 1691, 4-3-2023]
A. 
Definitions of terms relating to mobile food vending trucks, trailers, and carts:
AGRICULTURAL PRODUCE STAND
The seasonal sale to the general public of locally grown produce within City limits on private property.
MOBILE FOOD CART
A non-self-propelled vehicle or stand limited to serving:
1. 
Commissary-wrapped food maintained at proper temperatures; or
2. 
Limited to the preparation and serving of hot dogs or similar sausages.
MOBILE FOOD TRUCK
An enclosed vehicle, truck or trailer licensed to operate on public streets and rights-of-way in which a person travels from place to place to serve food or beverages.
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.
MOBILE PACKAGED FOOD DELIVERY TRUCK
An enclosed vehicle or truck licensed to operate on public streets or rights-of-way in which a person travels from place to place to deliver packaged food.
NEIGHBORHOOD REFRESHMENT STANDS
Those locations selling food or beverages in connection with a single residential dwelling, when the same is offered by a resident of the dwelling or their designated agent, for a period not to exceed twelve (12) hours, and not occurring more than two (2) times per week.
[Ord. No. 1691, 4-3-2023]
A. 
A mobile food vendor license is required for the following:
1. 
Mobile food carts when located on a public sidewalk or right-of-way or located in public or private parking spaces.
2. 
Mobile food trucks.
B. 
A mobile food vendor license is not required for the following:
1. 
Mobile food carts when:
a. 
Conducted in front of a store on private property; and
b. 
The property owner's permission has been obtained; and
c. 
Not occupying a parking space; and
d. 
Not impacting pedestrian, bicycle, or motor vehicle traffic circulation or other safety issues.
2. 
Mobile packaged food delivery trucks.
3. 
Neighborhood refreshment stands and other similar products.
4. 
Agricultural produce stands as defined in this Chapter.
[Ord. No. 1691, 4-3-2023]
A. 
All mobile food units are required to be properly licensed under Chapter 605. Those who currently have a license for a brick-and-mortar store will not be required to obtain an additional occupation license provided the Employer Identification Number (EIN) for both operations is the same.
B. 
A business license is required, but no fee will be charged for the following events:
1. 
Concordia Fall Festival.
2. 
Events administered and/or co-sponsored by the City of Concordia.
[Ord. No. 1691, 4-3-2023]
A. 
No person shall operate a truck within the City limits unless such person first obtains a business license as provided by Chapter 605.
B. 
All mobile food units shall comply with all other applicable regulations under Chapter 605 or other Chapters of this Code.
[Ord. No. 1691, 4-3-2023]
A. 
Applicants for a license under this Section, shall file a written sworn application signed by the applicant, if an individual, by all partners, if a partnership, and by the president if a corporation, with the City Clerk, showing:
1. 
The name of the person having the management or supervision of an applicant's business during the time that it is proposed that it will be carried on in the City.
2. 
The local address of such person while engaged in such business.
3. 
The permanent address of such person.
4. 
The capacity in which such person will act, that is, whether as proprietor, agent or otherwise.
5. 
The name and address of the person 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.
6. 
The general description of place or places in the City where it is proposed to carry on the applicant's business, and the length of time during which it is proposed that such business shall be conducted.
7. 
Proof of current vehicle licensing, registration, and food truck vehicle insurance shall be submitted with the application.
B. 
Every applicant for a license required by this Section shall file with the City Collector proof of a liability policy covering the applicant's business with at least twenty-five thousand dollars ($25,000.00) in public general liability coverage.
[Ord. No. 1691, 4-3-2023]
A. 
Mobile food units licensed under this Chapter shall:
1. 
Have a current sanitary inspection from the County Health Department prior to selling any food to the public; and
2. 
Be always attended, whether serving or not; and
3. 
Limit operations to the period between 7:00 A.M. and 9:00 P.M.
[Ord. No. 1691, 4-3-2023]
Mobile food vendors shall conform to and meet all applicable local, State and Federal laws, including, without limitation, building and fire codes related to their equipment and operations, and applicable health regulations.
[Ord. No. 1691, 4-3-2023]
A. 
Food trucks may conduct business at the following locations:
1. 
Private property when properly zoned for retail sales with the written permission of property owner.
2. 
Parking lot in a residential district with written permission of property owner and owners of property immediately abutting the parked mobile food unit.
3. 
City property designated for this purpose and when permission has been obtained by the proper authorities.
B. 
In carrying on business within the City of Concordia, all mobile food vendors shall adhere to the following operational standards:
1. 
A motorized food truck vendor shall only sell food and beverages. The vendor is prohibited from selling alcohol and/or beer. Beverages shall be dispensed in cans, plastic bottles, or paper/plastic cups only (no glass). All products offered for sale for public consumption will comply with all Federal, State, and local standards for health and safety.
2. 
No food vending truck/trailer/cart may be located within one hundred fifty (150) feet of an established restaurant or another existing food vending vehicle. (Special events as approved by the Board of Aldermen excepted.)
3. 
No mobile food vendor shall operate except in a commercial or industrial business zone or district within the City of Concordia, as set forth in Chapter 405 of this Code of Ordinances, with the exception of church property.
4. 
All licenses held hereunder shall be posted and clearly visible upon the location or conveyance where sales are conducted.
5. 
No mobile food truck/cart business location may be set up within the sight triangle on any corner lot as set forth in Section 405.500.
6. 
No mobile food truck/cart business location may be set up within fifteen (15) feet of any driveway or crosswalk.
7. 
No mobile food truck/cart business location may impede or obstruct the free flow of traffic in any parking lot or right-of-way.
8. 
No mobile food truck/cart business location may be set up to obstruct the clear view of any traffic sign or signal.
9. 
No mobile food truck/cart business location is allowed on a public sidewalk or pedestrian way, unless a four-foot-wide sidewalk or pedestrian way is maintained free of obstruction and congestion.
10. 
No light of any kind shall be cast upon any property located in a residential district, or upon public right-of-way by the license holder.
11. 
No food truck/cart business location shall be located within the travel lane of any street.
12. 
Mobile food truck/cart business must be located on paved or graveled surface.
13. 
The mobile food truck/cart vendor must have the permission of the property owner, when on private property.
14. 
Mobile food truck/cart business can locate within a City-owned park with the written authorization of the City's Park and Recreation Department.
15. 
Mobile food truck/cart business shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections, parking, and traffic controls.
16. 
Mobile food truck/cart business 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.
17. 
No spikes, nails, anchors, or other devices shall be driven into any public street, sidewalk, right-of-way, or traffic control devices.
18. 
The mobile food truck/cart business shall not generate excessive noise, dust, smoke, litter, glare, spillover lighting or other forms of environmental or visual pollution.
19. 
Signs related to the mobile food truck/cart business shall be limited to signs that are affixed to the vehicle and one (1) sandwich board sign in immediate proximity of the unit or truck while it is in operation at that location.
20. 
Immediately upon cessation of the mobile food truck/cart business, the site shall be returned to its previous condition, including removing all litter and food packaging waste from the premises, or other evidence of the mobile food vending, mobile food truck/cart business.
21. 
All posted time limits for parking or standing shall be observed.
22. 
A mobile food truck/cart business shall operate all aspects of the business (cooking, sales, and supplies) within the truck and shall not distribute food samples or dispense other items outside of the truck.
23. 
A mobile food truck/cart business shall not play amplified music.
24. 
A mobile food truck/cart business shall not idle while serving food unless its operation is essential to producing the product sold.
25. 
A mobile food truck/cart business shall provide, at the vendor's expense, all equipment necessary to provide the items for sale in the conduct of the business.
26. 
All equipment used shall be in a self-contained unit. No storage area, water, electric or other utility will be supplied by the City.
27. 
Every mobile food truck/cart business shall indemnify and hold harmless the City of Concordia for all suits or actions brought against the City for or on account of any injuries or damages received or sustained by any party or parties for or from the said vendor.
[Ord. No. 1691, 4-3-2023]
A. 
Licenses issued pursuant to this Chapter may be revoked by the City Clerk or their designee, after notice and hearing, for any of the following causes:
1. 
Any fraud, misrepresentation or false statement contained in application for the license.
2. 
Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares, or merchandise.
3. 
Any violation of this Chapter.
4. 
Conviction of or plea of guilty to any crime or misdemeanor involving moral turpitude by the licensee.
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. 
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 to the licensee at his/her last known address, at least ten (10) days prior to the day set for the hearing.