Food truck businesses within public streets pose special challenges to the public health, safety and welfare of Springville City residents. It is the purpose and intent of Springville City to provide responsible companies and individuals who engage in the operation of food truck businesses with clear and concise regulations to prevent hazards to safety, traffic or health, as well as to preserve the peace, safety and welfare of the community.
(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)
"Event permit"
means a permit that a political subdivision issues to the organizer of a public food truck event located on public property.
"Food cart"
means a cart:
(a) 
That is not motorized; and
(b) 
That a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption.
"Food truck"
means a fully encased food service establishment:
(a) 
On a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
(b) 
From which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption.
"Food truck"
does not include a food cart or an ice cream truck.
"Food truck event"
means an event where an individual has ordered or commissioned the operation of a food truck at a private or public gathering.
"Food truck operator"
means a person who owns, manages, or controls, or who has the duty to manage or control, the operation of a food truck.
"Food truck vendor"
means a person who sells, cooks, or serves food or beverages from a food truck.
"Health department food truck permit"
means a document that a local health department issues to authorize a person to operate a food truck within the jurisdiction of the local health department.
"Ice cream truck"
means a fully encased food service establishment:
(a) 
On a motor vehicle or on a trailer that a motor vehicle pulls to transport;
(b) 
From which a vendor, from within the frame of the vehicle, serves ice cream;
(c) 
That attracts patrons by traveling through a residential area and signaling the truck's presence in the area, including by playing music; and
(d) 
That may stop to serve ice cream at the signal of a patron.
"Local health department"
means the same as that term is defined in Section 26A-1-102, Utah Code Annotated 1953.
"Political subdivision"
means:
(a) 
A city, town, or metro township; or
(b) 
A county, as it relates to the licensing and regulation of businesses in the unincorporated area of the county.
"Temporary mass gathering"
means:
(a) 
An actual or reasonably anticipated assembly of five hundred (500) or more people that continues, or reasonably can be expected to continue, for two (2) or more hours per day; or
(b) 
An event that requires a more extensive review to protect public health and safety because the event's nature or conditions have the potential of generating environmental or health risks.
"Temporary mass gathering"
does not include an assembly of people at a location with permanent facilities designed for that specific assembly, unless the assembly is a temporary mass gathering described in subsection (b) of this definition.
(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)
(1) 
No food truck operator shall operate a food truck within Springville City without first having obtained a business license from the City in accordance with Title 7, Chapter 1. A food truck operator is exempt from the requirement to obtain a business license to operate a food truck within the City if the food truck operator possesses:
(a) 
A current business license to operate a food truck in another political subdivision within the State;
(b) 
A current health department food truck permit from a local health department within the State; and
(c) 
A current approval of a political subdivision within the State that shows that the food truck passed a fire safety inspection that the other political subdivision conducted in accordance with Section 11-56-104, Utah Code Annotated 1953.
(2) 
Food truck businesses are allowed to vend on private property in nonresidential zones with prior consent from the private property owner.
(3) 
Food truck businesses are allowed to operate on all City owned and operated streets within nonresidential zones, in compliance with the regulations in this Chapter, with the following exceptions:
(a) 
Food truck businesses shall not be allowed to park or operate on City streets during Art City Days, Heritage Days, or other City recognized festivals.
(b) 
Food truck businesses are prohibited from operating on highways owned by the Utah Department of Transportation, which streets include Main Street, 400 South, and 1400 North.
(4) 
Food truck businesses will be allowed to park at or next to a City park only with authorization from the Springville City Buildings and Grounds Director.
(5) 
The organizer of a food truck event may obtain the special event permit on behalf of the food trucks that service the event.
(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)
(1) 
An application for a business license to conduct a food truck business shall be filed in writing with the Springville City Business License Office as set forth in Title 7, Chapter 1, prior to the commencement of operation.
(2) 
In addition to the information required by such section, the license application shall include:
(a) 
The name and location of the applicant's principal place of business, or residence if no permanent place of business exists;
(b) 
The number of vehicles to be used in the business, a description of each vehicle, its license plate number, vehicle identification number (VIN) and proof of insurance coverage, and safety inspection;
(c) 
If any of the foregoing information changes, the applicant or licensee, as the case may be, shall deliver current information to the Springville City Business License Office within thirty (30) business days following the change;
(d) 
A valid copy of health department food truck permit, including, but not limited to, proof of business name and business owner's or registered agent's name as registered with the Department of Commerce; and
(e) 
Proof of a valid sales tax certificate from the State of Utah that includes the City of Springville as an incorporated city where business is to be conducted.
(3) 
(Repealed by Ord. No. 11-2017 § 1, 06/06/2017)
(4) 
Each applicant for a license or renewal under this Section shall submit, with the application, a certificate of insurance executed by an insurance company or association authorized to transact business in this State, showing that there is in full force and effect, for the full term of the license, general liability insurance in an amount not less than $200,000.00 for personal injury to each person, $500,000.00 for each occurrence, and $500,000.00 for each occurrence involving property damage; or a single limit policy of not less than $500,000.00 covering all claims per occurrence. Such policy or policies shall also include coverage of all motor vehicles used in connection with the applicant's business. A current certificate of insurance shall be kept on file with the City Recorder at all times that the applicant is licensed by the City verifying such continuing coverage and naming the City as an additional insured. The certificate shall contain a statement that the City will be given written notification at least thirty (30) days prior to cancellation or material change in the coverage. Cancellation shall constitute grounds for suspension or revocation of the license issued hereunder unless another insurance policy complying herewith is provided and is in effect at the time of cancellation/termination.
(5) 
Food truck business license applicants shall complete a fire safety inspection through Springville City Fire Department that satisfies criteria established by the Utah Fire Prevention Board. The food truck business will be exempt from passing a fire safety inspection through Springville City Fire Department if the food truck business has a valid approval from another political subdivision within the State that shows that the food truck passed a fire safety inspection that the other political subdivision conducted during the same calendar year.
(Repealed by Ord. No. 11-2017 § 1, 06/06/2017; Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)
No license shall be issued or continued in operation unless the holder thereof has paid an annual business license fee as set by the Springville City Council for each food truck business.
(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)
(1) 
All business activity related to food truck businesses shall be of a temporary nature. The duration of the business activity shall not extend for more than:
(a) 
Twelve (12) hours within a twenty-four (24) hour period at any one (1) location, or
(b) 
Three (3) consecutive days within a seven (7) day period on either public or private property.
(2) 
All vehicles must be removed from the public right-of-way at the close of each business day.
(3) 
The following are exceptions to the temporary limitation of subsection (1)(b) of this section:
(a) 
Food truck businesses that are invited to serve a business's employees on the business's property for a time period less than two (2) hours at a time may do so on a daily basis; and
(b) 
Food truck businesses that (i) only distribute free food that is prepared in advance at a different location from where the food is distributed and (ii) does so for a period of less than two (2) hours per day may distribute food for no more than five (5) consecutive days in a seven (7) day period on either public or private property.
(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)
Each food truck business offering food within the public right-of-way shall abide by the following conditions and requirements. Failure to comply may result in the suspension or revocation of a business license and is a violation of the Springville City Code:
(1) 
Food truck businesses shall obey all parking and traffic regulations.
(2) 
Parking on a park strip or otherwise landscaped area is not allowed.
(3) 
Food truck businesses utilizing parking space within the public right-of-way shall park only in parallel parking spaces. Food truck businesses must be parked so that neither the vehicle nor the customers interfere with public access to adjacent parking stalls or to driveways or entrances of existing buildings or uses.
(4) 
The operator shall locate the vending window facing the sidewalk or on private property unless the roadway has been closed to vehicular traffic for a public event.
(5) 
No food truck business shall occupy required parking stalls of the primary use.
(6) 
The food truck business shall ensure that its use of the right-of-way, including the sidewalk, in no way interferes with or limits sidewalk users' free and unobstructed passage.
(7) 
No sales shall be made to any person standing in a roadway unless the roadway has been closed to vehicular traffic for a public event.
(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)
The food truck business shall comply with the following design and operation requirements:
(1) 
The food truck business shall be designed and operated in a manner so as to meet all applicable Utah County Health Department requirements relating to the handling and distribution of food.
(2) 
The food truck business shall not have or operate as a drive-through.
(3) 
All grounds utilized by a food truck business shall at all times be maintained in a clean and attractive condition. Trash containers shall be provided for use of the business patrons. If a food truck business operates on or adjacent to a public right-of-way, that vendor shall be responsible for cleaning up litter dropped or discarded onto the public right-of-way prior to leaving the location.
(4) 
All garbage or other refuse generated from a food truck business shall be disposed of properly. It is illegal to discharge or dispose of any substance, material, food, or waste into the storm drain system.
(5) 
The food truck business shall be kept in good operating condition and no peeling paint or rust shall be visible on business vehicles.
(6) 
Licensees/owners will ensure their business vehicles are at all times in compliance with all applicable laws or ordinances regulating motor vehicles.
(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)
All vendors are subject to Springville City sales tax for goods sold within the boundaries of Springville City. Vendors shall be required to keep accurate records of daily sales that occur within the Springville City limits. Springville City reserves the right to audit sales records. Failure to keep accurate records may result in revocation of the Springville City business license.
(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)
If the City is closing a public right-of-way to general access, either partially or fully, in order to accommodate a special event or approved private event, a food truck business may not access that right-of-way unless specifically authorized by the City.
(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)
Failure to comply with the requirements of this Section shall be grounds for denial, suspension or revocation of a business license.
(Ord. No. 05-2015 § 1, 03/03/2015; Ord. No. 04-2016 § 1, 04/19/2016; Ord. No. 11-2017 § 1, 06/06/2017)