[Ord. No. 2213, 10-19-2022]
As used in this Chapter, the following words have the meanings
indicated:
Any person who applies for a mobile vendor permit, mobile
vending business premises license, or mobile vending business eating
and drinking garden license within the City as required by this Chapter.
An application for either a mobile vendor permit, mobile
vending business premises license, or mobile vending business eating
and drinking garden license on a form provided by the City Clerk.
The City Clerk for the City of Dardenne Prairie, or such
other person as may be designated by the City Administrator.
The Municipal Code of the City of Dardenne Prairie, Missouri,
as amended from time to time.
Any mobile vending vehicle from which ice cream, frozen milk,
frozen dairy or ice confection products are sold or offered for sale
in a ready-to-eat form and customarily consumed at the point of purchase
that does not qualify as a mobile vending business.
An annual license issued by the City Clerk to operate an
ice cream truck in the City.
January 1 through December 31 of a calendar year.
Privately owned real estate for which a mobile vending business
premises license or mobile vending business eating and drinking garden
license has been issued.
Any goods, wares, flowers, horticultural products, services
or similar items sold by a mobile vending business.
A business engaged in the cooking, preparing, assembling,
serving, selling, offering for sale, or distributing of food, beverages,
or any other type of merchandise to the general public from a mobile
vending vehicle or temporary display stand within the City while such
mobile vending vehicles or temporary display stand remains parked
or in an otherwise stationary position for thirty (30) minutes or
more.
A property on which multiple mobile vending businesses may operate at a single time, as permitted by Chapter 632 of the Code.
An annual license issued by the City Clerk to operate a mobile
vending business eating and drinking garden in the City.
An annual license issued by the City Clerk to the owner or
operator of a licensed premises, excluding mobile vending business
eating and drinking gardens, which authorizes the operation of a mobile
vending business on the licensed premises. The holder of a mobile
vending business premises license may allow multiple mobile vending
businesses to operate on the licensed premises.
Any moveable vehicle, truck, trailer, pushcart, portable
structure, or other similar vehicle used by a mobile vending business.
A permit issued by the City Clerk to the owner or operator
of a mobile vending business to operate in the City.
When used in connection with motor vehicles, any person who
holds legal title to a vehicle or has the legal right to possession
thereof; when applied to a structure, building or land, includes any
part owner, joint owner, tenant in common, joint tenant or tenant
by the entirety of the whole or part of such structure, building or
land.
Any individual, co-partnership, firm, association, company,
or combination of individuals, of whatever form or character.
A stand, booth, stall, table, tent, wagon, handcart, pack,
basket or other similar portable structure, container, display or
devise, but not a mobile vending vehicle, used by a mobile vending
business to serve, sell, distribute or offer for sale at retail of
food, beverages or any other type of merchandise.
[Ord. No. 2213, 10-19-2022]
A.
Mobile Vendor Permit. No person shall operate a mobile vending business
within the City without having first obtained a mobile vendor permit
from the City Clerk pursuant to the requirements of this Chapter.
B.
Mobile Vending Business Premises License. No owner or operator of real estate within the City shall authorize or allow a mobile vending vehicle or temporary display stand to engage in a mobile vending business on such real estate in exchange for any valuable consideration or when the total number of mobile vending vehicles or temporary display stands exceeds two (2) without the owner or operator of such real estate obtaining a mobile vending business premises license from the City Clerk pursuant to the requirements of this Chapter. Notwithstanding the foregoing, this Subsection (B) shall not apply to mobile vending business eating and drinking gardens.
[Ord. No. 2274, 10-4-2023]
C.
Mobile Vending Business Eating And Drinking Garden License. No person
shall operate a mobile vending business eating and drinking garden
within the City without having first obtained a mobile vending business
eating and drinking garden license from the City Clerk pursuant to
the requirements of this Chapter.
D.
Ice Cream Truck License. No person shall operate an ice cream truck
within the City without having first obtained an ice cream truck license
from the City Clerk pursuant to the requirements of this Chapter.
[Ord. No. 2213, 10-19-2022]
A.
Applications And Application Fees.
1.
Applications for a mobile vendor permit, mobile vending business
premises license, mobile vending business eating and drinking garden
license, or ice cream truck license shall be made in writing on forms
prepared and provided by the City and submitted to the City Clerk.
An applicant must submit a completed application, along with the application
fee, to the City Clerk.
2.
Each application shall be accompanied by a non-refundable application
fee in the following amounts:
a.
Mobile vendor permit: twenty-five dollars ($25.00);
b.
Mobile vendor permit for mobile vendor business presenting a
current and valid license issued by any other City within St. Charles
County or St. Charles County: five dollars ($5.00);
c.
Mobile vending business premises license: fifty dollars ($50.00);
d.
Mobile vending business eating and drinking garden license:
fifty dollars ($50.00); and
e.
Ice cream truck license: one hundred dollars ($100.00).
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No application fee shall be pro-rated if the license or permit
is obtained during the middle of a license year.
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3.
Mobile Vendor Permit. A separate mobile vendor permit shall
be obtained for each separate and distinct mobile vending vehicle
or temporary display stand proposed to be used by an applicant. An
application for a mobile vendor permit shall include the following
information and shall be submitted no later than seven (7) days in
advance of the first date in a license year on which the applicant
proposes to operate its mobile vending business:
[Ord. No. 2274, 10-4-2023]
a.
The full legal name, daytime telephone number, email address,
home address, and business address of the person applying for the
mobile vendor permit;
b.
If the applicant is an entity, the application shall state the
full name of the entity, the names and addresses of its officers,
managers, members, partners or trustees, its principal address, daytime
telephone number, and its registered agent and registered address;
c.
The name(s), address(es), and daytime telephone number(s) of
the legal owner(s) of the licensed premises on which the applicant
will operate the mobile vending business along with proof of written
permission or consent from the owner(s) for applicant to operate its
mobile vending business. In the event that mobile vending business
is to be conducted at a licensed premises not listed on the original
mobile vendor permit application, the mobile vendor license holder
must notify the City Clerk of such fact and amend its original application
to include the additional licensed premises seven (7) days prior to
commencing operation thereon;
d.
A description of the type of food, beverages or merchandise
proposed to be sold, distributed, or offered for sale by the mobile
vending business;
e.
A description of the mobile vending vehicle or temporary display
stand;
f.
If the mobile vending business will operate out of a mobile
vending vehicle, then the application shall include:
(1)
The year, make, model, color, vehicle identification
number (V.I.N. number), State license plate number and State of licensing,
if applicable, and dimensions, which shall not exceed thirty-six (36)
feet in length or nine (9) feet in width, of such mobile vending vehicle;
(2)
Proof of current vehicle insurance for the mobile
vending vehicle, if applicable, issued by an insurance company licensed
to do business in the State of Missouri; and
(3)
Proof of current vehicle registration for the mobile
vending vehicle, if applicable.
g.
Copies of all requisite liquor licenses issued to the applicant
by the City, St. Charles County, or the State of Missouri;
h.
A copy of applicant's State of Missouri retail sales tax
license authorizing the sale of goods within the State of Missouri,
and a statement from the Missouri Department of Revenue that the applicant
owes no tax due under Sections 144.010 to 144.510, RSMo., as amended,
or Sections 143.191 to 143.261, RSMo., as amended, dated no more than
ninety (90) days before the date of submission of the application;
i.
If applicable, a copy of any permit or license required by the
St. Charles County Department of Public Health; and
j.
Such other information as the City Clerk may require to ensure
compliance with the provisions of this Chapter.
4.
Mobile Vending Business Premises License. An application for
a mobile vending business premises license shall include the following
information and shall be submitted no later than fourteen (14) days
in advance of the first date in a license year on which a mobile vending
business will operate on the licensed premises:
a.
The full legal name, daytime telephone number, email address,
home address, and business address of the person applying for the
mobile vending business premises license;
b.
If the applicant is an entity, the application shall state the
full name of the entity, the names and addresses of its officers,
managers, members, partners or trustees, its principal address, daytime
telephone number, and its registered agent and registered address;
c.
The proposed day(s) of operation and hour(s) of operation. No
mobile vending business may have any mobile vending vehicles or temporary
display stands on the licensed premises for more than six (6) days
in a calendar year;
d.
A description of the licensed premises, which shall include,
but shall not be limited to, the following:
(1)
The address of the property;
(2)
A depiction of all buildings, structures, green
space, parking spaces, ingresses and egresses onto and off of public
roadways, and other natural or man-made features on the property;
and
(3)
The number, size(s), location(s), and a description
of the garbage receptacles to be located and utilized by the mobile
vending business;
e.
Copies of all requisite liquor licenses issued to the applicant
by the City, St. Charles County, or the State of Missouri;
f.
If applicable, a copy of any permit or license required by the
St. Charles County Department of Public Health; and
g.
Such other information as the City Clerk may require.
5.
Mobile Vending Business Eating And Drinking Garden License.
An application for a mobile vending business eating and drinking garden
license shall include the following information and shall be submitted
no later than fourteen (14) days in advance of the first date in a
license year on which a mobile vending business will operate on the
licensed premises:
a.
The full legal name, daytime telephone number, email address,
home address, and business address of the person applying for the
mobile vending business eating and drinking garden license;
b.
If the applicant is an entity, the application shall state the
full name of the entity, the names and addresses of its officers,
managers, members, partners or trustees, its principal address, daytime
telephone number, and its registered agent and registered address;
c.
The proposed Hour(s) Of Operation. There is no limitation on
the number of days per license year in which mobile vending businesses
may operate on the licensed premises;
d.
A description of the licensed premises, which shall include,
but shall not be limited to, the following:
(1)
The address of the property;
(2)
A depiction of all buildings, structures, green
space, parking spaces, ingresses and egresses onto and off of public
roadways, and other natural or man-made features on the property;
and
(3)
The number, size(s), location(s), and a description
of the garbage receptacles to be located and utilized by the mobile
vending business;
e.
Copies of all requisite liquor licenses issued to the applicant
by the City, St. Charles County, or the State of Missouri;
f.
If applicable, a copy of any permit or license required by the
St. Charles County Department of Public Health; and
g.
Such other information as the City Clerk may require.
6.
Ice Cream Truck License. An application for an ice cream truck license shall include the same information as required for a mobile vendor permit as required in Section 632.030(A)(3) of this Code. An application for an ice cream truck license shall be submitted no later than fourteen (14) days in advance of the first date in a license year on which the applicant proposed to operate its ice cream truck. In addition, no person shall operate, working in or otherwise conduct sales within an ice cream truck without having first applied for and obtained an identification card for a peddler pursuant to Article III of Chapter 605 of this Code. Notwithstanding the provisions of Article III of Chapter 605 of this Code to the contrary, the fee for each identification card required herein shall be fifteen dollars ($15.00) and, once issued, shall be valid during the license year for which it is issued, or part thereof.
B.
Application Review And Determination. The City Clerk shall review
each completed application in accordance with the following procedures:
1.
The City Clerk shall review each completed application upon
receipt of such application and its corresponding application fee
and shall approve, approve with conditions, or deny such application
within ten (10) days of receipt thereof.
2.
An application is deemed to be complete upon the City Clerk
determining that:
3.
In granting a mobile vendor permit, mobile vending business
premises license, mobile vending business eating and drinking garden
license, or ice cream truck license the City Clerk may add reasonable
conditions beyond the specific restrictions and requirements of this
Chapter which are deemed by the City Clerk to be necessary to protect
the peace, health, safety, comfort, morals, and general welfare of
the City and its inhabitants, including, but necessarily limited to,
maintaining the adequate circulation of vehicular and pedestrian traffic,
avoiding the accumulation of garbage and litter, providing sufficient
parking, and maintaining compliance with other provisions of this
Code.
C.
Issuance. All approved mobile vendor permits, mobile vending business
premises licenses, or mobile vending business eating and drinking
garden licenses shall be signed by the City Clerk.
D.
Denial. The City Clerk may refuse to grant a mobile vendor permit,
mobile vending business premises license, or mobile vending business
eating and drinking garden license for any of the following reasons:
1.
Applicant has failed to provide all the necessary information
required by the application or this Chapter;
2.
Purported fraud or misrepresentation contained in the application
or supporting information or documentation;
3.
Applicant's failure to comply with the provisions of this
Chapter or any other applicable City ordinance or law of the United
States, St. Charles County, or the State of Missouri; or
4.
For any of the reasons provided for in Section 605.040(C) of this Code.
E.
Liability. Nothing in this Chapter shall be construed to create or
constitute a liability to or a cause of action against the City related
to the issuance of any mobile vendor permit, mobile vending business
premises license, or mobile vending business eating and drinking garden
license.
[Ord. No. 2213, 10-19-2022]
A.
It shall be the responsibility of the mobile vending business to
ensure that:
1.
All food, beverages and other merchandise cooked, prepared,
assembled, served, distributed, offered for sale, or sold from its
mobile vending vehicle or temporary display stand are in a fresh and
sanitary condition;
2.
The sidewalks, streets and other spaces adjacent to its area
of operation are clean and free of refuse of any kind;
3.
At the close of the business day, all refuse of any kind accumulating
within fifteen (15) feet of the mobile vending business's area
of operation is or has been removed or collected and is otherwise
properly disposed of; and
4.
All sales taxes for the sales of food, beverages, or merchandise
made by the mobile vending business within the City are promptly paid
when due.
B.
It shall be the responsibility of the person or entity holding the
mobile vending business premises license or mobile vending business
eating and drinking garden license to ensure that:
1.
All mobile food vendors operating on the licensed premises have
a validly issued mobile vending business permit and other licenses
and permits required by the City, County, or State;
2.
All sales taxes for the sales of food, beverages, or merchandise
made by any mobile vending business on the licensed premises are promptly
paid when due.
C.
The City or its agents shall be permitted to inspect the licensed
premises, the mobile vending vehicle, temporary display stand, and
all items for sale by the mobile vending business at any reasonable
time to ensure compliance with this Chapter and other provisions of
the ordinances of the City.
D.
Except as set forth in Subsection (I) of this Section, no mobile vending business shall be permitted to operate on property which is not a licensed premises under this Chapter.
E.
No mobile vending business shall be operated between the hours of
11:00 P.M. and 6:00 A.M. in any commercial zoning district and 9:00
P.M. and 11:00 A.M. in any residential zoning district.
F.
The conduct and behavior of all mobile vending businesses shall comply
in all respects with all noise ordinances of the City.
G.
A mobile vending business shall provide for a garbage receptacle
for refuse of any kind that shall be maintained and emptied regularly
and marked as being for refuse.
H.
No mobile vending business shall:
1.
Leave any mobile vending vehicle or temporary display stand
unattended.
2.
Conduct a mobile vending business in a manner that obstructs
access to private property, except with the prior written consent
of the property affected thereby.
3.
Put refuse from the operation of their mobile vending business
in any drain or in the streets or sidewalks.
4.
Store, park, or leave any mobile vending vehicle or temporary
display stand on any street or sidewalk between 11:00 P.M. and 6:00
A.M. of the following day.
5.
Leave any location without first picking up, removing, and properly
disposing of all refuse remaining from sales made or otherwise resulting
from the operation of the mobile vending business.
6.
Install, erect, or maintain any signage other than one (1) A-frame
sign not to exceed nine (9) square feet in size, which must be located
within six (6) feet of the mobile vending vehicle or temporary display
stand.
7.
Block any part of the right-of-way of a public or private street,
sidewalk, ramp, curb cut, or trail in the City.
I.
Except for ice cream trucks, no mobile vending business shall operate
on a residentially zoned property or on property that is primarily
used for residential purposes, except that a mobile vending business
may operate within a residentially zoned property or on property that
is primarily used for residential purposes if the mobile vending business
meets the following conditions:
1.
The mobile vending business shall provide prior written notice
to the City Clerk, on a form provided by the City Clerk, no later
than two business days prior to operating on property within a residentially
zoned district or on property that is primarily used for residential
purposes indicating the date, hours of operation and location where
the mobile vending business will be operating;
2.
The mobile vending business shall not store, park, or leave
any mobile vending vehicle or temporary display stand on any street
or sidewalk between 9:00 P.M. and 11:00 A.M. of the following day;
3.
The mobile vending business shall not store, park, or leave any mobile vending vehicle or temporary display stand on any street with a posted speed limit in excess of twenty-five (25) miles per hour or upon any street in violation of Chapter 350 of this Code; and
4.
Adequate circulation of vehicular and pedestrian traffic shall
be maintained at all times. Should the stacking of vehicles on a street
upon which a mobile vending vehicle is located be such that vehicles
are blocking street intersection, obstructing access to private property,
or result in inadequate circulation of vehicular traffic, the City
Clerk or any Law Enforcement Officer of the City is authorized to
require a mobile vending business to relocate the mobile vending vehicle
to an alternate location on the same street, or, if it is determined
by the City Clerk or Law Enforcement Officer that no alternate location
on the same street will adequately correct the traffic issues, to
immediately cease operations and vacate the mobile vending vehicle
from the street.
J.
Every ice cream truck shall be equipped with:
1.
Front passenger side-mounted wide-angle convex mirror;
2.
Signage visible from the rear of the vehicle, a minimum of one
(1) square foot in size, stating either "Caution" or "Watch for Children"
with the lettering at least three (3) inches tall;
3.
Reverse backup alarm capable of emitting a sound adequate in
quantity and volume to give warning that the vehicle is about to back
up;
4.
Rear visibility for the operator by means of a rear-mounted
mirror, obstacle detection sensor, or camera; and
K.
The City Administrator shall formulate any additional rules and regulations
necessary for the proper administration of this Chapter. Rules and
regulations shall be maintained in the office of the City Clerk and
shall be available for public inspection during ordinary business
hours.
[Ord. No. 2213, 10-19-2022]
A.
The City Clerk may suspend for a period of up to ninety (90) days
or revoke any mobile vendor permit, mobile vending business premises
license, or mobile vending business eating and drinking garden license
upon the finding of one (1) or more of the following:
1.
Intentional misstatements or misleading statements of fact in
the application which are not discovered until after the issuance
of the mobile vendor permit, mobile vending business premises license,
or mobile vending business eating and drinking garden license, as
applicable;
2.
Permitting any conduct that would constitute a violation of the requirements of this Chapter 632; or
3.
Permitting any conduct that would constitute a violation of
any laws of the United States, the State of Missouri, the ordinances
of St. Charles County, or the ordinances of the City.
[Ord. No. 2213, 10-19-2022]
Any applicant or mobile vending business aggrieved by the decision of the City Clerk to deny, suspend or revoke any mobile vendor permit, mobile vending business premises license, mobile vending business eating and drinking garden license, or food truck license pursuant to the provisions of this Chapter shall have the right to appeal such action to the City Administrator pursuant to Section 605.080 of the Municipal Code.
