[HISTORY: Adopted by the City Council of the City of Amery 11-5-2025 by Ord. No. 19-2025; amended in its entirety 2-4-2026 by Ord. No. 02-2026. Subsequent amendments noted where applicable.]
For the purposes of this chapter, the following terms shall have the meanings indicated:
MOBILE FOOD ESTABLISHMENT (MFE)
A restaurant or retail food establishment where ready-to-eat food is cooked, served, or sold from a movable vehicle, trailer, or cart which periodically or continuously changes location.
MOBILE FOOD VENDOR
The owner, agent, or employee of a mobile food establishment.
SERVICE BASE
A licensed establishment where an MFE is serviced, cleaned, and supplied, and where food may be stored or prepared.
It shall be unlawful for any person to operate a mobile food establishment within the City of Amery without first obtaining a valid mobile food establishment permit from the City Clerk. Each MFE unit shall be permitted separately.
The requirements of this chapter shall not apply to an MFE operating as a caterer for a private event where the vendor is paid directly by the event host and does not receive direct payment from the general public. Mobile food vendors operating for a licensed special event will be exempt from requiring a permit and will be subject to the operating requirements of § 294-4.
Any person desiring to operate an MFE shall make a written application to the City Clerk on a form provided by the City. The application shall include, but is not limited to:
A. 
Applicant information. The full legal name, address, and phone number of the applicant and any corporate officers.
B. 
Vehicle information. A description of the MFE, including its make, model, year, VIN, and license plate number. A copy of the current vehicle registration must be provided.
C. 
Required permits and licenses.
(1) 
A valid copy of all necessary permits required by the State of Wisconsin or Polk County for food service operations.
(2) 
A valid Wisconsin Department of Revenue seller's permit.
D. 
Business plan. A narrative that addresses proposed location(s), hours of operation, and plans for waste disposal.
E. 
Property owner permission. Written and signed permission from the owner of any private property where the MFE will operate.
F. 
Photographs. Current photographs of the MFE showing all four sides.
G. 
Fire safety. Proof of a current, passing fire safety inspection from any fire department.
H. 
Insurance and indemnification.
(1) 
A signed Hold Harmless Agreement, on a form provided by the City, indemnifying the City from any claims arising from the vendor's operations.
All applications shall be reviewed by the City Clerk and may be referred to other City departments, including Police, Fire, and Public Works.
A. 
Fee. The fee for an MFE permit shall be set by the Common Council in the City's official fee schedule. The Common Council may establish a reduced fee for vendors who operate a licensed, permanent food establishment within the City of Amery. MFEs operated by non-profit organizations will be exempt from the permit fee.
B. 
Duration. Permits shall be valid for one calendar year, expiring on December 31.
C. 
Non-transferable. A permit is non-transferable between persons or vehicles.
A. 
Compliance. All permits must be conspicuously displayed on the MFE.
B. 
Location restrictions.
(1) 
MFEs may operate on private property within a commercial zone with the property owner's written permission. Operation in a residentially zoned district is prohibited.
(2) 
MFEs shall not operate on public property, streets, or rights-of-way, unless as part of a City-approved special event.
(3) 
An MFE shall not be located within 200 feet of a primary entrance of a business selling the same or similar food products during its hours of operation, unless written permission from that business owner is provided.
C. 
Hours of operation. Permitted hours of operation shall be between 7:00 a.m. and 10:00 p.m. The Common Council may, by resolution, designate a specific district with extended hours of operation.
D. 
Waste disposal. The vendor must provide their own trash receptacles and remove all waste from the site. Vendors are required to maintain the area around their site and to ensure that waste is spread about. Use of public trash receptacles is prohibited, except receptacles put out during a special event.
E. 
Safety and nuisance.
(1) 
The MFE shall not obstruct sidewalks, driveways, or vehicular traffic. Service must be conducted from the curbside.
(2) 
No amplified music, noisemakers, or flashing lights are permitted.
(3) 
Power must be self-contained. Connection to public utilities is prohibited, and power cords may not be extended across public rights-of-way.
(4) 
All equipment, including signage, must be contained within or permanently affixed to the vehicle. No external or portable seating is permitted.
A. 
Enforcement. This chapter shall be enforced by the Amery Police Department and other authorized City staff. The City shall have the authority to remove or cause the removal of any MFE found in violation of this chapter, with any towing and storage charges being the responsibility of the vendor.
B. 
Revocation. A permit may be suspended or revoked by the City for violations of this chapter or for conducting business in a manner that endangers public health or safety.
Any person who violates any provision of this chapter shall be subject to a forfeiture as set forth in the City's Schedule of Fees and Forfeitures.[1] Each day a violation exists constitutes a separate offense.
[1]
Editor's Note: The City's Schedule of Fees and Forfeitures is on file in the City offices.
If any provision of this chapter is found to be invalid or unconstitutional, such finding shall not affect the validity of the remaining provisions.