(a) 
The purpose of this chapter is to protect the public health, safety, and welfare of the community by licensing and regulating the operations and activities of food services and food handling practices within the town.
(b) 
Pursuant to the authority granted cities and towns by WS 15-1-103(a)(v), the licensing and regulating of food services, including food service establishments, mobile food trucks, mobile food units, and food stands, are governed by this chapter.
(c) 
The mayor or town council may suspend or revoke a license or permit when the licensee or permittee commits one or more of the following:
(1) 
A violation of any provision of this chapter.
(2) 
A violation of any Wyoming Department of Agriculture, Consumer Health Services regulation or requirement.
(3) 
Securing any license or permit by fraud or misrepresentation, to specifically include false or incorrect information on the license or permit application form.
(d) 
Minors under the age of 18 years operating a beverage stand selling lemonade, iced tea, cookies, or similar food and beverages on property owned, leased, or rented by their parents or legal guardians, farmer's market booths, and town or school district sanctioned community events featuring homemade food items are exempt from the provisions of this chapter.
(Ord. 850, 2024)
The following definitions shall apply in the interpretation and enforcement of this chapter:
"Community event"
means a street fair, parade, car show, trade show or any similar single day event attracting food stands, mobile food trucks or mobile food units.
"Food"
means any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
"Food service establishment"
means a restaurant, coffee shop, or drink bar at a permanent location where food is prepared for sale or service to the public and is intended for individual portion service and includes the site at which individual portions are provided.
"Food stand"
means stands, concession stands, booths, tables, or pushcarts providing approved and inspected prepackaged food items and/or those food items requiring only limited preparation (minimal cooking and seasoning) as approved by the health officer.
"Mobile food truck"
means a motorized, wheeled vehicle or towed, wheeled vehicle designed and equipped to prepare and serve food.
"Mobile food unit"
means a vehicular food unit utilized solely to provide prepackaged food in individual serving sizes which have been transported from an inspected and approved permanent food service establishment or food preparation facility which serves as the base of operation for the mobile food unit.
(Ord. 850, 2024)
(a) 
It is unlawful for any person to operate a food service establishment, a food stand, pushcart, mobile food truck, or mobile food unit without first obtaining a license or permit from the town clerk. Licenses and permits issued must be posted and displayed in a conspicuous place at the licensed or permitted premises of any food service establishment, upon the mobile food truck or mobile food unit, or be immediately available upon request at any food stand, as applicable.
(1) 
Exemption. Mobile food units, or food stands servicing a community event under the provisions of a community event permit.
(b) 
Food service business licenses or permits shall be effective for one year upon approval by the town clerk.
(c) 
Fees for a town food service license or permit shall be set by resolution of the town council. Fees shall be in addition to applicable Wyoming Department of Agriculture, Consumer Health Services application or renewal fees.
(1) 
The town clerk is hereby authorized to waive permit fees when the event is a town or school sanctioned event.
(d) 
Provision is hereby made for a 14-day nonrefundable license for all food stands, mobile food trucks, or mobile food units operating on a temporary basis. Fees shall be set by resolution of the town council.
(e) 
Provision is hereby made for a one-day community event permit for community events in the town. The community event permit shall be posted at the sponsor's representative location and shall list all food stands or mobile food units operating under the permit.
(Ord. 850, 2024)
(a) 
The town clerk is authorized by the town to issue permits as required. The code official and other town representatives, as required by the town clerk, will inspect, if deemed necessary, any premises, equipment or products to be used in the offering of food items for consumption to the general public, either through sales or gratuitously. Whenever code and safety deficiencies are noted by the official, the official shall post in a conspicuous place a list of the deficiencies noted during the inspection upon the premises of the food service establishment or upon the food stand, mobile food truck, or mobile food unit, as applicable. The list must remain posted until such time as the deficiencies are remedied. The official may charge an inspection fee for the performance of the inspection.
(b) 
The building official/fire code official will inspect any food service establishment, food stand, mobile food truck, and mobile food unit. Before the issuance of any business license pursuant to the provisions of this chapter, or business license renewal, the vendor shall obtain proof of successfully completing a fire inspection and furnish said proof to the town clerk as part of the business license application or renewal.
(Ord. 850, 2024)
(a) 
Before any license or permit will be issued, an applicant must first have applied for a state of Wyoming food service license or permit through the Wyoming Department of Agriculture, Consumer Health Services, and a sales tax permit through the Wyoming Department of Revenue. Any application fees, including any applicable annual renewal fee, assessed and collected by the health department, are required prior to issuance of a town license and/or permit.
(1) 
Exemption – Community Event Permit Applicants. The applicant of a community event permit shall affirm that they will verify Wyoming Department of Agriculture food service licenses if the mobile food units or food stands operating under the community event permit are required to have a state food service license according to state statute.
(b) 
Any person wishing to conduct business as a food service establishment must submit written application for a license on forms provided by the town clerk, together with payment of the required fee, to the office of the town clerk. Applications submitted must include the following documentation:
(1) 
Name, address, and contact information of the owner of the establishment.
(2) 
Floor plan and site plan for the proposed business, approved by the building official (food service establishments existing at the time of adoption shall be exempt provided they pass the fire inspection).
(3) 
Proof of inspection by the fire code official.
(4) 
Location and capacity of the grease trap/separator.
(5) 
Proof of application for food service permit filed with the Wyoming Department of Agriculture, Consumer Health Services.
(6) 
Proof of application for a sales tax permit through the Wyoming Department of Revenue.
(7) 
Written description of the type of food items, whether prepackaged, requiring limited preparation, or for preparation. Food item types not included on the list following approval by the Wyoming Department of Agriculture, Consumer Health Services and issuance of the license may not be prepared or sold.
(c) 
Any person wishing to conduct business as a food stand, mobile food truck, or mobile food unit must submit written application for a license on forms provided by the town clerk, together with payment of the required fee, to the office of the town clerk. Applications submitted must include the following documentation:
(1) 
Name, address, and contact information of the owner of the unit(s);
(2) 
Current and valid driver's license, vehicle registration and vehicular insurance, if applicable;
(3) 
Proof of inspection by the fire code official;
(4) 
Plan for disposing of wastewater, grease and garbage created by the preparation and service of food;
(5) 
Proof of application for food service permit filed with the Wyoming Department of Agriculture, Consumer Health Services;
(6) 
Proof of application for a sales tax permit through the Wyoming Department of Revenue;
(7) 
Written description of the type of food items, whether prepackaged, requiring limited preparation, or for preparation aboard a mobile food truck, proposed to be sold from the food stand, pushcart, mobile food truck, or mobile food unit. Food item types not included on the list following approval by the health officer and issuance of the license may not be prepared or sold; and
(8) 
Affirmation vendor will obtain written consent of the owner of the property intended to be used as the site for conducting food stand, mobile food truck, or mobile food unit sales, if such vendor intends to set up at a location on privately owned property.
(d) 
Any person or organization wanting to sponsor a community event shall submit a written application to the town clerk for a one-day community event permit at least two weeks in advance of the event. Applications submitted must include the following:
(1) 
Sponsor's name, address, phone number, and a secondary emergency contact person and phone number.
(2) 
Written plan including the scope and nature of the proposed event.
(3) 
Location of event including requirements for street closures and alternate traffic routes.
(4) 
Affirmation to take responsibility for all trash and litter cleanup.
(5) 
Affirmation that all vendors have a valid Wyoming Department of Agriculture food service license, if required.
(Ord. 850, 2024)
(a) 
Food stands, mobile food trucks, and mobile food units may operate:
(1) 
Upon a public sidewalk or public non-right-of-way space with written consent of the immediately adjacent business owner, if any, who may be affected by the proposed sales site, and upon private property, with consent of the private property owner.
(2) 
Within a town-owned recreational park, only after application and approval by the town clerk.
(3) 
Upon a closed street, only after approval by the town clerk and in conjunction with a special community event, activity, or celebration, if the street has been approved for closure by the police chief or town clerk.
(b) 
Food stands, mobile food trucks, and mobile food units may not operate:
(1) 
Upon a public sidewalk in such a manner that impedes or interferes with free movement of vehicular, bicycle, or pedestrian traffic or visually obstructs the safe movement of vehicular, bicycle, or pedestrian traffic.
(2) 
In any on-street parking space in the public right-of-way, unless such street is closed pursuant to application and approval of a special community event, activity, or celebration.
(c) 
Food stands, mobile food trucks, and mobile food units may not operate within:
(1) 
One hundred feet of the primary entrance of a restaurant, measured from the center of the primary entrance(s) of the restaurant by the most direct pedestrian path, without written consent of the restaurant owner(s).
a. 
Exception: food units or food stands operating under a community event permit.
(2) 
Two hundred feet of any school property boundary containing any grades kindergarten through twelfth grade, unless written permission is granted from the school district.
(3) 
Fifteen feet of a fire hydrant.
(4) 
Ten feet of any crosswalk, whether at an intersection of public rights-of-way or at a mid-block crossing.
(5) 
Ten feet of any curb loading signed area.
(6) 
Ten feet of any public transportation stop.
(7) 
Five feet of any handicapped parking place or access ramp.
(8) 
Any public alley.
(d) 
Food stands, mobile food trucks, and mobile food units may not:
(1) 
Operate, store, leave unattended, or park such unit upon the public right-of-way after 12:00 a.m. and before 5:00 a.m., except as otherwise permitted by the town clerk and chief of police or as necessary for the owner of such vehicle to park within the right-of-way outside his or her residence or principal office during nonoperational hours.
(2) 
Leave any such unit unattended in the public right-of-way during operations.
(3) 
Sell or distribute directly to any person situated in a motor vehicle if such sale or distribution may impede or interfere with free movement of vehicular, bicycle, or pedestrian traffic.
(4) 
Operate in any street side or diagonal parking spaces, unless such street is closed pursuant to application and approval of a special community event, activity, or celebration.
(5) 
Operate within or upon any area or lot zoned pursuant to the town's development code as A (airport district), AE (airport enterprise district), AO (aviation overlay district), C (conservancy district), LDSR (low density suburban residential district), MHP (mobile home park), MHS (mobile home subdivision), PUD (planned unit development), RH (residential high density district), or R (residential district), that is used as a residential lot, except if operated upon private property strictly in service of a private, special event and not in service of the general public.
(e) 
Mobile food trucks and mobile food units must abide with the stopping, standing, and parking requirements as set forth in WMC Title 10.
(f) 
Mobile food trucks or mobile food units may not park upon any public right-of-way for the purpose of selling food in such a manner or under such conditions as to impede or interfere with free movement of vehicular, bicycle, or pedestrian traffic or visually obstruct the safe movement of vehicular, bicycle, or pedestrian traffic.
(g) 
Food stands, mobile food trucks and mobile food units must be self-contained and not connected to town of Wheatland water or electricity.
(1) 
Food stands, mobile food trucks and mobile food units may take power from a private property outlet with permission from the owner. Connections and cords must be properly sized for the intended use. Cabling and other devices or equipment must be properly secured and marked across pedestrian ways to avoid tripping and other hazards to the public.
(2) 
Mobile food trucks and food units shall not utilize the town RV dump station to dispose of grease, wastewater, or to refill their fresh water supply.
(h) 
Any temporary signage must comply with the restrictions of Chapter 18.90 WMC and must be removed when activity ends.
(Ord. 850, 2024)
(a) 
All persons conducting food sales or providing complimentary distribution of food items shall clean the sidewalk, street, or premises adjacent to and within a 25-foot radius of any point of sale or distribution from any food stand, mobile food truck, mobile food unit, or complimentary distribution area. Such cleaning shall consist of picking up and disposing of any paper, cardboard, wood, plastic, or other types of containers, wrappers, or any litter resulting from the vendor's operations. Rubbish, refuse and/or liquid waste must be disposed of in a proper manner.
(b) 
The licensee shall provide a suitable container for the placement of such litter by customers.
(c) 
The licensee shall provide for the sanitary disposal of all wastewater and grease produced by the preparation of food.
(Ord. 850, 2024)
(a) 
Any person who violates the provisions of this chapter and/or who fails to obtain a license or permit or required inspections under the provisions of this chapter is guilty of a misdemeanor, punishable as provided by the general penalty provision of the town code. Each day a violation continues shall be deemed a separate offense.
(b) 
Any holder of a valid license or permit who violates the provisions of this chapter is subject to suspension or revocation proceedings against the operating license or permit before the town council.
(Ord. 850, 2024)