Sec. 32-219. - Location and operation.
(a) Mobile vending units shall only conduct business on private property, in designated areas approved by the Department of Urban Development. Designated areas must be properly zoned for business or industrial use. Multifamily locations, under the R-3 classification, may be permitted, subject to the approval of the Director of Urban Development. The vendor is responsible for initiating a request to utilize any locations. The Department of Urban Development shall have complete discretion as to which locations to approve considering the needs of traffic, pedestrians, public safety, public works, public convenience, the general uses of adjacent private property, and any other factor that is proper and lawful for the city to consider in approving or disapproving such locations. The Department of Urban Development shall have continuing authority to approve locations, grant conditions for approval, revoke prior approval of locations, make conditional revocations of approved locations, require adjustments by the vendor in setup or location to accommodate public safety and convenience, ensure appropriate function of the private parcel for existing primary uses, and to otherwise maintain full lawful control over all public ways of the city. The city police and fire departments shall have concurrent authority to oversee locations and setup of mobile food service vendor units. If an applicant is denied and wishes to appeal his/her grievance, he/she may request an order approving his/her application to the city council at a regular scheduled meeting and said item will be considered approved or disapproved.
(b) Mobile vending units shall conform to the following regulations regarding location and operation:
(1) Mobile vending units must not be locked or attached to trees, garbage receptacles, or street furniture.
(2) Mobile vending units may not locate within 20 feet of any bus stop.
(3) Mobile vending units may not locate within ten feet of a building or any combustibles. Additionally, mobile vending units must be parked where vehicle exhaust is directed away from the doors, windows, and air intakes for any buildings.
(4) Mobile vending units may not locate within any area which would block the view of traffic or traffic signals or traffic signs.
(5) Mobile vending units may not locate within ten feet of any fire hydrant or block a fire department connection (FDC).
(6) Mobile vending units must park on a hard surface (concrete or asphalt) and may not park on unpaved, gravel, grassy, or other undeveloped areas of the parcel.
(c) In no event shall any mobile vending unit, display device, or accessory container be located inside any building or structure or at any place the general public is prohibited.
(d) Mobile vending units may only be operated between the hours of 6:00 a.m. and 2:00 a.m. Cleanup and removal of the mobile vending unit must be completed by 2:30 a.m. Units must operate four days per week if units are to remain overnight at any location for more than one week. Mobile vending units remaining in any location for more than one month must have a city privilege tax license.
(e) The operators must be present at all times. Mobile vending unit cannot be left unattended while in operation.
(f) Sales of goods are limited to food and beverage.
(g) The sale of alcoholic beverages is prohibited except within designated entertainment districts, as defined by this Code and provided that the vendor has obtained proper legal permits from the alcoholic beverage control division of the state.
(h) Mobile food vendors are responsible for all waste and trash removal. The containment area must be kept clear of grease, trash, paper, cups or cans associated with the operation. No liquid waste or grease is to be disposed of directly on to ground, into landscaping, or onto sidewalks, streets, stormwater drains or other public places.
(i) The mobile food vendors shall not provide public seating or tables at which food may be consumed. Other tables, stands, shelves, bins, equipment, signs, covers, or any kind of accessory or feature shall be prohibited unless the same was accurately described and included in the application, and was fairly included in the picture or other graphics required as part of the application.
(j) The vendor shall contain all refuse, trash and litter within the mobile vending unit or within a small moveable trash can maintained by the vendor, and located adjacent to the mobile food service unit in such a manner as not to block or otherwise obstruct pedestrian or vehicular traffic. The vendor shall be responsible for the proper disposal of such refuse, trash, and litter, and approved container, or in any private container with proper permission. The vendor is responsible for all litter and trash within 15 feet of the mobile vending unit at any time the vendor is selling or offering to sell any merchandise or service. Liquid waste, including greywater and grease, must be disposed of at a location approved by the city.
(k) The mobile food service unit must have self-contained utilities and shall not use the city's utilities or private utilities that are not self-contained and integral to the vendor unit. The operator may utilize existing private electrical utilities on approved sites with landlord permission. Utilization of existing electrical tie-in will require review and permitting by the building official.
(l) No mobile food service vendor shall sell or attempt to sell any item to the occupant of any motor vehicle unless it is parked in a lawful parking space.
(m) Mobile vending units must comply with all local, state, and federal rules regarding sanitation and protection of food from airborne contamination.
(n) Every vendor shall keep records utilizing generally accepted accounting practices for the purposes of compliance with all federal, state and local tax laws.
(o) All approved mobile vending units must pay the sales tax required by other food providers along with all other required tax and license fees required by other food providers.
(p) If the mobile vending unit utilizes a generator, it shall be in compliance with the city noise ordinance.
(q) No speakers or other noise production devices are allowed.
(r) Units that remain in any single location for six or more months will be considered a permanent rather than mobile structure and will be required to come into full compliance with the land development code and adopted ICC codes.
(Ord. No. 3286, § 4, 1-19-2021)
