Mobile retail establishment.
A retail establishment that sells nonfood items and services to an end user consumer from a moveable vehicle or trailer that routinely changes locations.
Mobile unit.
An establishment on wheels (as an automobile or trailer) that travels from place to place and from which goods or services are sold.
Operator.
A person who operates a mobile retail establishment.
Right-of-way.
A public roadway and/or property dedicated or reserved for public pedestrian or vehicular traffic.
(Ordinance 20220414-02 adopted 4/14/2022)
A mobile retail establishment may not remain at the same location for more than 180 consecutive days unless written permission is received from the city.
(Ordinance 20220414-02 adopted 4/14/2022)
(a) 
A person may not operate a mobile retail establishment within the city until a specific use permit is obtained from the board of aldermen as outlined in section 9.02.204 of this code.
(b) 
Any person desiring to engage in, transact or conduct the business or occupation of a mobile retail establishment within the city shall also apply for a mobile retail establishment permit with the city clerk's office and pay the required permit fee. Upon receipt of a completed application, the city clerk shall submit the application to the board of aldermen for consideration. Upon payment of the mobile retail establishment permit fee and board approval as set forth above, the city clerk shall deliver to such mobile retail establishment a permit which shall show the issuance and expiration date, name of mobile retail establishment and description of the mobile unit. The mobile retail establishment permit shall be valid for one year from the date of issuance unless a different time period is provided by the board of alderman.
(c) 
A person may not operate a mobile retail establishment within the city until the board of aldermen approves the specific mobile unit. All mobile retail establishments shall provide the following to the city clerk's office for the board's approval:
(1) 
The name and address of the mobile retail establishment owner(s) and operator(s);
(2) 
Proof of motor vehicle or trailer registration;
(3) 
A description of the items that the mobile retail establishment sells;
(4) 
Proof of sales tax and use permit;
(5) 
Proof of state Department of Licensing and Regulation license(s), if applicable for personal services use;
(6) 
An itinerary of the locations where sales occur;
(7) 
If at one location [for] more than two (2) hours, a written agreement from a business within 150 feet of the location to allow employees of the mobile retail establishment to use flushable restrooms or other facilities during the hours of operation;
(8) 
A fee, as established in the fee schedule in appendix A of this code; and
(9) 
Any other information reasonably required by the city to enforce this section.
(d) 
The city may revoke an approved application granted under this section if the operator provides false information on an application or commits repeated violations of applicable laws or the requirements of this article.
[Ordinance 20220414-02 adopted 4/14/2022]
An operator may only sell nonfood retail items or services. Mobile retail establishments may only sell items or services permitted under a general retail shops/stores use, pet shop use, and personal services use. All sales items and supplies must be stored within the mobile unit.
(Ordinance 20220414-02 adopted 4/14/2022)
The noise level of mechanical equipment or outside sound equipment used in association with a mobile retail establishment may not exceed seventy (70) decibels when measured at the property line that is across the street from or abutting a residential use.
(Ordinance 20220414-02 adopted 4/14/2022)
A mobile retail establishment is limited to signs attached to the exterior of the mobile unit. The signs:
(1) 
Must be secured and mounted flat against the mobile unit;
(2) 
May not project more than six (6) inches from the exterior of the mobile unit;
(3) 
May not use a flashing light source; and
(4) 
May not use an LED message board.
(Ordinance 20220414-02 adopted 4/14/2022)
(a) 
Debris and litter.
During business hours a mobile retail establishment shall provide a trash receptacle for use by customers. The mobile retail establishment shall also keep the area around the mobile retail establishment clear of litter and debris at all times.
(b) 
Utilities.
Water and electrical service shall be provided by a temporary service or other connection provided by an electric utility or an onboard generator. A permanent water or wastewater connection is prohibited.
(c) 
Waste disposal.
An operator must dispose of all waste generated by the mobile retail establishment.
(d) 
Mobility.
An operator must demonstrate that the mobile unit is readily movable if requested by the city.
(e) 
An operator may not place sale items, equipment, or supplies that are part of its operations outside of the permitted unit and must conduct all of its operational activities within the mobile retail establishment, unless express permission is received from the board of alderman.
(Ordinance 20220414-02 adopted 4/14/2022)
A mobile retail establishment shall comply with the following location requirements in this section:
(1) 
Mobile retail establishments are permitted with a valid specific use permit in the commercial zoning districts only.
(2) 
Mobile retail establishments may only be located on vacant lots.
(3) 
Mobile retail establishments shall not be located on city property or within the right-of-way unless the operator obtains and possesses permission from the board of aldermen.
(4) 
Mobile retail establishments shall not be allowed to operate on any public street, sidewalk, public park, or public right-of-way unless approved in writing by the city.
(5) 
Mobile retail establishments shall not occupy or operate in driveways or fire lanes.
(6) 
Mobile retail establishment shall provide the city with a copy of a site plan depicting the location of the mobile unit on the property.
(7) 
Mobile retail establishments shall provide the city with a copy of written permission from the property owner of the property(ies) upon which the mobile retail establishment intends to operate.
(Ordinance 20220414-02 adopted 4/14/2022)
A mobile retail establishment shall comply with the requirements in this section:
(1) 
Mobile retail establishments shall be readily identifiable by business name, printed in bold letters not less than three (3) inches in height, not less than 1-1/2 inches in width, permanently affixed, and prominently displayed upon at least two (2) sides of the unit.
(2) 
Mobile retail establishments shall be maintained in a manner that is in compliance with all state motor vehicle laws and regulations.
(3) 
Mobile retail establishments shall be readily movable (capable of moving immediately upon the request of the code enforcement officer).
(4) 
Mobile retail establishments shall not be permanently parked in one location longer than 180 days unless written permission is received from the board of aldermen.
(5) 
Drive-in service is not permitted.
(6) 
Exterior lighting must be hooded or shielded so that the light source is not directly visibly to a residential use.
(7) 
Mobile retail establishments, their merchandise, advertising, or seating shall not obscure traffic sight visibility.
(8) 
Any nonpermitted mobile retail establishments must be removed from public view immediately.
(9) 
Mobile retail establishments shall not impede required parking for another use.
(10) 
Based on the proposed location(s) of a mobile retail establishment, the board of aldermen may require additional parking for the establishment, in accordance with the city's code.
(11) 
All mobile retail establishments operating within the city shall comply with all applicable state and federal laws. A violation of an applicable state or federal law shall constitute a violation of this article.
(Ordinance 20220414-02 adopted 4/14/2022)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined no more than two thousand dollars ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping of refuse, and shall be fined not more than five hundred dollars ($500.00) for all other violations of this article. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 20220414-02 adopted 4/14/2022)