The purpose of this chapter is to ensure the safety of the residents and visitors of the City by permitting and regulating mobile food vendors and their units.

   For purposes of this chapter, the following terms are defined:

   1.   “Food stand” means any article, device, fixture, or equipment that is used as a place to provide food and includes, but is not limited to, food tents, food shacks, food pods, or food booths that are non-motorized, with or without a mobile kitchen, and facilitates the preparation, marketing, and sale of food that is whole and unprocessed, prepared, or not potentially hazardous. Food stands are not lawfully permitted as a permanent structure.

   2.   “Mobile food vending unit” means a food establishment that is self-contained and readily moveable, which operates at a remote location away from their home base of operations or returns to a home base of operations at the end of each day.

   3.   “Mobile food vendor” means the person, corporation, entity, or group obtaining the permit to prepare, market, or sell food from a mobile vending unit or food stand.

   4.   “Pushcart” or “food cart” means a non-self-propelled food conveyance unit which facilitates the preparation, marketing, and sale of food that is whole and unprocessed, prepared, packaged, or non-potentially hazardous or commissary-wrapped foods maintained at proper temperatures or pre-cooked foods that require limited assembly, such as hot dogs or bratwursts.

   5.   “Special event” means a function or activity attended by members of the public to include neighborhood activities and City-sponsored civic and social events.

   Any mobile food vendor, as defined in this chapter, shall comply with the following requirements:

   1.   Permit Required. Any mobile food vendor must procure a permit as provided for herein from the Fire Department.

   2.   Application for Permit; Fee. An application, in writing, shall be filed with the Fire Department for a mobile food vendor permit under this chapter. Such application shall set forth the applicant’s (owner) name, business name, mailing address, email, and telephone number. The application shall also set forth the Iowa Department of Inspections and Appeals Mobile Food Vendor Unit Classification and Inspection Certificate, mobile food vendor unit description (including photos), vehicle registration information, and a description of kitchen, cooking, and preparation facilities and safety features on or in the mobile food unit.

   3.   Application Fee. A non-refundable application fee shall be paid at the time of filing such application for each mobile food unit a vendor is wishing to deploy to cover the cost of investigating the facts stated on the application, administrative costs, and the performance of the fire inspection required of each mobile food unit.

   4.   Insurance and Bond Required. Each applicant for a mobile food vendor permit required by this chapter shall, before the permit is issued to the applicant, file with the Fire Department proof of liability insurance and a personal surety bond in the amount of $1,000,000.00, conditioned that the applicant shall comply with and observe the terms and conditions of all provisions of this code relating to mobile food vendors, and will pay all costs, fines, and penalties incurred on account of the applicant’s failure to observe such provisions and will pay all damages resulting to any person by reason of such applicant’s actions in violation of such terms and conditions.

   5.   Permit Issued. If the Fire Department finds the application is completed in conformance with the requirements of this chapter, the facts stated therein are found to be correct, the application fee paid, and the Fire Chief or Fire Marshal has reviewed and approved said application, a permit may be issued. The permit shall authorize the applicant to engage in the activities of a mobile food vendor as defined in this chapter (specified limitations may be applied) for one year from the date of issue, provided that nothing herein shall authorize any act or practice which is contrary to any law or ordinance. Upon expiration of the permit, a new application shall be made and a new permit may be issued in the same manner as the original permit, including applicable fees.

   6.   Display of Permit. Each mobile food vendor unit permitted under this chapter shall keep such permit in possession at all times while doing business in the City and shall, upon the request of prospective customers, exhibit the permit as evidence of compliance with all requirements of this chapter.

   1.   Mobile Food Unit Permitting. It shall be unlawful for any person to engage in the commercial sale of food or beverages to the public from a temporary or mobile facility within the City without first obtaining a mobile food vending unit permit from the City, in addition to any other State, federal, or County permits, certifications, and licenses (impromptu children’s lemonade stands, selling of Girl Scout cookies, farmer’s markets, or other similar civic organization sales are exempt from this permitting process).

      A.   A mobile food vending unit permit is an annual permit that expires after one year from the date of issuance and must be renewed prior to the first event after that date.

      B.   Each mobile food vending unit (vehicle, trailer, etc.) shall be permitted separately. No permit transfer is allowed.

      C.   Although certain activities may be exempt from the permitting requirements of this chapter, any food service to the public in the City is expected to comply with all other local, County, and State requirements for health inspections, licensing, safety, and fire code requirements.

      D.   The applicant for a mobile food vending unit permit must also review and comply with the performance and safety standards as outlined within the application packet in preparation for the fire safety inspection conducted by the Fire Department.

   2.   Permit Application Fees. At the time of the submittal of a permit application, the applicant shall pay to the Fire Department the application fee for each mobile food unit the vendor is wishing to deploy for use within the City.

      A.   The amount of the permit application fee(s) shall be determined in accordance with an established fee schedule. Such fee schedule may be modified from time to time with approval of the Council.

      B.   Any party who surrenders their permit prior to the date of expiration shall not be entitled to a refund of any portion of the application and fire inspection fee.

   3.   Fire Department Inspections.

      A.   All mobile food units that have cooking facilities or use products with grease laden vapors (Class III and Class IV State licenses) shall be inspected by the Fire Department prior to initiation of business operations within the City.

      B.   Inspections are required for each applicable mobile food unit annually and prior to issuance of a mobile food unit vending permit. It shall be the obligation of the mobile food vendor to schedule the inspections with the Fire Department. Class I and II State license classifications are not required to meet this inspection requirement.

      C.   All Class III and IV mobile food units shall have acceptable fire suppression systems and fire safety equipment, as determined by the Fire Department through inspection and via the mobile food vendor unit performance standards.

      D.   Upon completion of the annual fire inspection, a certificate shall be issued to the applicant to verify completion of the fire inspection for each mobile food unit. Said certificate shall be kept in the mobile food unit during operation.

   4.   Mobile Food Unit Permit Application.

      A.   Filing. Application requests shall be filed with the Fire Department. No application request shall be accepted for filing and processing unless it conforms to the requirements of this section. This would include a complete and true application, all of the required materials and information prescribed, and is accompanied by the appropriate fee(s).

      B.   Timely Submittal. Unless otherwise provided herein, applications must be submitted not less than 30 calendar days prior to the proposed start date of the mobile food unit activities.

      C.   Applicant’s Responsibility. Receiving approval of a mobile food unit permit from the City shall not preclude, supersede, circumvent, or waive the applicant’s responsibility to obtain any additional permits, licenses, and approvals for other applicable local, State, and federal regulations.

      D.   Application. Application shall be made on a form provided by the Fire Department and shall include:

         (1)   Full name of the applicant.

         (2)   Applicant’s contact information including mailing address, phone numbers, and e-mail address.

         (3)   State health inspection certificate with the classification level of the State license.

         (4)   Description of the kitchen facilities, cooking facilities, preparation area, and safety features.

         (5)   Photographs of the mobile food unit from the front, both sides, and back.

         (6)   Make, model, and year of vehicle to be used.

         (7)   License plate number and vehicle registration.

         (8)   Overall size of the vehicle; length and width.

         (9)   Copy of Fire Department fire inspection certificate

         (10)   Applicable fee.

      E.   Applications Deemed Withdrawn. Any application received shall be deemed withdrawn if it has been held in abeyance, awaiting the submittal of additional requested information from the applicant, and if the applicant has not communicated in writing with the Fire Department and made reasonable progress within 30 days from the last written notification from the Fire Department to the applicant. The application and inspection fee are non-refundable. Any application deemed withdrawn shall require submission of a new application and fee to begin a new review and approval process.

      F.   Issuance of Permit. Upon completion of the review process and a determination of compliance with the applicable regulations, the Fire Department will issue a mobile food unit permit.

      G.   Modification of License After Issuance. Should the mobile food vendor change the food or beverage being offered during the term of an issued license that would change the designation of the mobile food unit to a higher State licensing level classification, a new application and fire inspection shall be required, along with applicable fees.

   5.   Unattended Mobile Food Unit. No mobile food unit shall be left unattended or stored on any site overnight, unless the mobile food unit is a participant in a multiple (contiguous) day, City permitted, public property special event. Any mobile food unit found unattended shall be considered in violation of these regulations and subject to permit revocation, municipal infraction, towing, or any other action legally allowed.

   1.   Fraudulent Representation or Harassment. No mobile food vendor party shall falsely or fraudulently misrepresent the quality, character, or quantity of any article, item, or commodity offered for sale, or sell any unwholesome or tainted food or foodstuffs. No party shall harass, intimidate, coerce, or threaten any individual to induce a sale.

   2.   Failure to Maintain Licenses and Permits. Failure of any applicant to maintain the appropriate County, State, and federal licenses and permits, during the term of the local permit shall be considered an unlawful act and subject to revocation or any other penalties available to the City.

   1.   The Fire Department may suspend or revoke any permit issued under this chapter, for any of, but not limited to, the following reasons:

      A.   The party has made fraudulent statements in their application for the permit or in the conduct of their business.

      B.   The party has violated this chapter or any other chapter of this Code or has otherwise conducted their business in an unlawful manner.

      C.   The party has conducted their business in such a manner as to endanger the public welfare, safety, order, or morals.

      D.   The Fire Department has received and investigated three or more founded complaints during the permit period related to the way the party is conducting business.

   2.   Notice of Suspension or Revocation; Right to Appeal. The Fire Department shall cause notice of the permit revocation to be served in person by a City official, by mail, or by electronic means to the party’s local address, which notice shall specify the reasons for such action, at which time operations of the party must cease within the corporate limits of the City. The party may appeal the revocation of the permit to the Council at its next regularly scheduled meeting by filing with the Fire Department a written request for an appeal to the Council at least 10 days prior to the meeting. The Council may affirm, modify, or reverse the decision of the Fire Department to revoke such permit. If a permit is revoked, no refund of any permit fee paid shall be made. Upon the revocation of a permit, the party is not eligible for the issuance of a new permit under this chapter for a period of one year from the date the permit revocation is served in person or deposited in the U.S. mail.

   Unless another penalty is expressly provided by this chapter for any particular provision or section, violations of this chapter are simple misdemeanors subject to a fine or imprisonment and may also be punishable as municipal infractions subject to a civil penalty as set forth in the schedule of civil penalties of this Code. Each day a municipal infraction occurs or is permitted to exist constitutes a separate offense. The Fire Chief or Fire Marshal, shall have the authority to enforce this chapter and request citations be issued by the Police Department for violations of this chapter. The Police Department shall have the discretion to enforce this chapter as either a simple misdemeanor or municipal infraction.