[HISTORY: Adopted by the Village Council of the Village of Vicksburg 4-2-1913 by Ord. No. 9 (Ch. 14, Art. II, of the 1995 Village Code). Amendments noted where applicable.]
No person shall engage in the business of hawking or other peddling in the streets or other public places; from door-to-door sales; in the sale of any article of trade or commerce from a stand, stall, cart, wagon, pack or basket or in any other manner; or engage in the business of auctioneer on any of the public streets, parks, grounds, alleys or places in the Village, without first having obtained a license from the Village Manager. The rate to be charged and collected by the Village Manager for such licenses shall be established by resolution of the Village Council. This section shall not be construed to prohibit or in any way affect any person in the sale of the products from his own farm or garden.
No person shall establish himself in any store, shop or other building in the Village as a transient trader without having first obtained a license from the Village Manager. The rate to be charged and collected by the Village Manager shall be established by resolution of the Village Council.
[Added 11-4-2024 by Ord. No. 306]
A. 
Applicability. The provisions of this section apply to mobile food businesses and mobile vendors engaged in the business of cooking, preparing and distributing food or beverages with or without charge on public or private property, and/or offering a service to the general public. The term "vendor" within this ordinance shall apply to mobile food and general mobile vendors.
B. 
Permit and authorization required. Annual operating permits are required for all vendors who are proposing to conduct business in the Village of Vicksburg. Fees for the permit are as determined by resolution of the Village Council. The Village may impose such reasonable conditions as it deems necessary to protect the public health, safety and general welfare from excessive noises, traffic, obnoxious and unhealthy odors and any detrimental effects to the general operation of any vendor.
(1) 
No operator of a vendor shall park, stand or move a vehicle or trailer and conduct business within areas of the Village where the vendor has not been authorized to operate.
(2) 
An exemption to the requirement for permit may be considered by the Village if the vendor is taking part in a Village-operated event and contracted by the Village.
C. 
Definitions.
MOBILE FOOD VENDOR
A kitchen within a licensed and operable motor vehicle or trailer whose method of operation is temporary and may be transient or in a static location and involves the preparation and sale of food and/or beverages in a ready-to-consume state for consumption either on or off the premises, but not within the motor vehicle and/or trailer.
MOBILE VENDOR
A licensed and operable motor vehicle or trailer whose method of operation is temporary and may be transient or in a static location and involves the sale of a product or service, either on or off the premises.
D. 
Regulations.
(1) 
Permitted areas of operation. Vendors may operate only in the following zoning districts: C-1, Commercial Local; C-2, Commercial; C-3, Commercial Shopping Center; C-4, Commercial Highway; I-1, Industrial Restricted; I-2, Industrial Service, I-3, Industrial Manufacturing subject to a permit.
(a) 
Vendors are prohibited from occupying any parcel whose primary use is residential.
(b) 
Vendors are prohibited from occupying and/or operating within any public right-of-way.
(2) 
Business hours, restrictions. No vendor shall conduct business before the hour of 8:00 a.m. or after the hour of 9:00 p.m. or as otherwise restricted on a by-location basis by resolution of the Village of Vicksburg Council.
(3) 
Business days, restrictions. A vendor may operate on any day of the week. No vendor shall conduct business on the same property more than four days within any one week.
(4) 
Storage of equipment. All equipment associated with the operation of a vendor must be removed from the premises at the conclusion of daily operations.
(5) 
Private property. Vendors conducting business on private property must provide to the Village a lease or the written expressed consent from the property owner to use the property on which they propose to operate.
(6) 
Public property. Vendors shall receive approval from the Village of Vicksburg Council to operate on public property.
(7) 
Traffic, vendors:
(a) 
Shall not obstruct the use of any street intersection or pedestrian crosswalk.
(b) 
Shall not impede the ingress or egress of any driveway.
(c) 
Shall not obstruct pedestrian space.
(d) 
Shall not impede or obstruct the ingress or egress of any building.
(e) 
Shall not impede or obstruct any fire lane.
(8) 
Signage. Vendors may have one portable sign that is six square feet, with no dimension greater than three feet and no height (inclusive of legs or support structures) greater than four feet, located within five feet of the unit. All signage must be contained to the property on which the vendor is operating. At no time shall any signage be placed within the public right-of-way.
(9) 
Waste. Vendors must provide appropriate waste receptacles at the site of the unit and remove all litter, debris and other waste attributable to the vendor on a daily basis. Such receptacle shall be released into any sanitary sewer or storm drains, sidewalks, streets or other public places, or municipal waste receptacles. Failure to maintain a site free of waste may be grounds for revocation of current vendor permits or withholding the issuance of new permits.
(10) 
Lights. No flashing or blinking lights or strobe lights; all exterior lights over 60 watts shall contain opaque, hood shields to direct the illumination downward.
(11) 
Noise. No loud music, amplification devices or any other audible methods to gain attention which causes a disruption or safety hazard are permitted. The decibel levels for any generator(s) used shall not exceed 80 dBA.
(12) 
Parking. The issuance of a license does not grant or entitle the vendor to the exclusive use of any service route or parking space to the license holder.
(13) 
Merchandise sales. Retail sale of merchandise related to the vendor may be permitted as an accessory to the primary sale or service.
(14) 
Alcohol sales. Sale of alcoholic beverages shall only be permitted when licensed in accordance with Village and state regulations.
E. 
Enforcement.
(1) 
Violation; fines. Any license holder operating a business in violation of any provision of this section or any rules and regulations promulgated by the Village is responsible for a municipal civil infraction and is subject to a civil fine. Each day of violation shall constitute a separate and distinct offense.
(2) 
License is revocable. Once a license has been issued, it may be revoked, suspended or not renewed by the Village Clerk for failure to comply with the provisions of this section and any rules or regulations promulgated by the Village.