This chapter shall be known as "An Ordinance Establishing Standards
for Mobile Food Vendors, Commonly Known as Food Trucks, Operating
Within the City of Lincoln."
As used in this chapter:
APPLICATION
An application for a current City of Lincoln business license,
subject to the specific provisions applicable to mobile food vendors
as provided for in this chapter and the general provisions governing
business licenses as found elsewhere in this Code.
MOBILE FOOD VENDOR
Any wheeled vehicle or trailer capable of being attached
to a wheeled vehicle and moved from place to place and offering for
retail sale food or beverages intended for human consumption. For
purposes of this chapter, traditional ice cream trucks are excluded
from this definition.
OPERATOR
The person or entity who applies for all required permits
pursuant to this chapter, who is responsible for the day-to-day operations
of the mobile food vendor and who, in turn, is responsible for compliance
with the provisions of this chapter.
It shall be unlawful for any person or entity to operate as
a mobile food vendor within the City of Lincoln except as provided
in this chapter.
[Amended 8-17-2021 by Ord. No. 2021-19]
No mobile food vendor shall operate except in Zones R-A, B-1
or B-2. No mobile food vendor shall operate within 200 feet of the
main entrance to a restaurant in a permanent building. The operator
shall submit, as part of his, her or its application, a statement
attesting to the intended place of operation for the duration of the
business license. If the operator does not own the real property upon
which the mobile food vendor intends to operate, the operator shall
further submit a notarized statement, from the record owner of the
real property, granting the operator permission to place the mobile
food vendor on the owner's property.
Each operator shall submit, as part of his, her or its application,
a written plan detailing:
A. A plan for the connection to and disconnection from the mobile food
vendor of water and electricity;
B. A plan for food and nonfood waste disposal; and
C. A plan for parking and motor vehicle ingress and egress. Subject
to Planning Administrator approval, the parking area for a mobile
food vendor may be gravel. In the event it becomes evident that parking,
ingress or egress is inadequate, the City may suspend or revoke the
mobile food vendor's business license.
The operator shall submit, as part of his, her or its application,
a written report of a safety inspection from the Lincoln Fire Chief
or his or her designee, attesting to the safe condition of the mobile
food vendor before it begins operation within the city limits of the
City of Lincoln. If the mobile food vendor must renew a business license
as required below, the operator shall submit a new written safety
report as provided for in this section before the renewed business
license becomes effective.
Each operator shall submit, as part of his, her or its application,
current proof of all licenses, permits and inspections required by
the Arkansas Department of Health. If the mobile food vendor must
renew a business license as required below, the operator shall submit
proof of Department of Health licenses, permits and inspections as
provided for in this section and valid for the renewal period before
the renewed business license becomes effective.
[Amended 3-19-2024 by Ord. No. 2024-15]
Each operator shall submit, as part of his, her or its application,
proof of current, valid liability insurance covering the mobile food
vendor and the operator in the minimum amounts as follows:
A. Commercial General Liability Insurance (aggregate limit $2,000,000):
(1)
For injury to or death of a person: $1,000,000 per occurrence;
(2)
For damage to rented property: $250,000 per occurrence;
(3)
For medical expenses for any one person: $5,000;
(4)
For products liability: $2,000,000;
B. Automobile liability insurance, per each accident: $1,000,000;
C. Umbrella liability insurance (aggregate): $1,000,000; and
D. Workers' compensation/employer liability (per statute): $1,000,000.
Subject to the specific requirements in this chapter and the
general requirements governing business licenses elsewhere in this
Code, each operator shall obtain from the City, on at least an annual
basis, a business license prior to operating within the city limits
of the City of Lincoln. Said business license shall only be valid
for the location the operator listed on his, her or its application,
and if the mobile food vendor changes locations within the City, the
operator must apply for and obtain a new business license before operating
in a new location.
The requirement for a separate business license shall not apply
to mobile food vendors contracted by the Arkansas Apple Festival.
The remaining provisions of this chapter shall apply to such vendors.