The purpose of this Chapter is to provide zoning regulations for food trucks and food truck businesses in accordance with the Food Truck Licensing and Regulation Act as set forth in Utah Code §§ 11-56-101, et seq.

The provisions of this Chapter shall apply to food trucks and food truck businesses conducted within the City. Such requirements shall not be construed to prohibit or limit other applicable provisions of this Title, the Centerville Municipal Code, or other laws, ordinances, or regulations. This Chapter shall not apply to activities lawfully conducted by a governmental agency.

Certain words and phrases in this Chapter are defined in CZC 12.12 (Definitions). In addition to the terms defined in CZC 12.12 (Definitions), the following terms as defined in Utah Code § 11-56-102 and used in this Chapter shall be defined as follows:

1. Food Cart: A cart that is not motorized and that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption.
2. Food Truck: A fully encased food service establishment on a motor vehicle or on a trailer that a motor vehicle pulls to transport and 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 ice cream truck as those terms are defined herein.
3. Food Truck Business: A person who operates a food truck or, under the same business, multiple food trucks.
4. Food Truck Event: An event where an individual has ordered or commissioned the operation of more than one food truck at a private or public gathering.
5. Food Truck Operator: A person who owns, manages, or controls, or who has the duty to manage or control, the food truck business.
6. Food Truck Vendor: A person who sells, cooks, or serves food or beverages from a food truck.
7. Health Department Food Truck Permit: 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.
8. Ice Cream Truck: A fully encased food service establishment on a motor vehicle or on a trailer that a motor vehicle pulls to transport from which a vendor, from within the frame of the vehicle, serves ice cream that attracts patrons by traveling through a residential area and signaling the truck’s presence in the area, including playing music and that may stop to serve ice cream at the signal of a patron.
9. Location or Same Location: Location or same location shall mean that a food truck is parked, located, or operated on the same lot or parcel number.

Any food truck business operated within the City shall be required to obtain a business license in accordance with provisions CMC 6 (Business Licenses). Licensing of food trucks and food truck businesses shall be subject to restrictions and limitations set forth in Utah Code § 11-56-103.

Pursuant to the Food Truck Licensing Act, the City is prohibited from regulating the following with respect to food trucks operating within the City.

1. The City may not entirely or constructively prohibit food trucks in a zone in which a food establishment is a permitted or conditional use.
2. The City may not prohibit the operation of a food truck within a given distance of a restaurant.
3. The City may not restrict the total number of days a food truck business may operate a food truck within the City during a calendar year.
4. The City may not require the food truck business to provide to the City the date, time, or duration that a food truck will operate within the City.
5. The City may not require a food truck business to obtain and pay for a land use permit for each location and time during which a food truck operates.
6. If the food truck business has the consent of a private property owner to operate a food truck on the private property, the City cannot:
   1. Limit the number of days the food truck may operate on the private property;
   2. Require that the food truck operator provide to the City or keep on files in the food truck the private property owner’s written consent; or
   3. Require a site plan for the operation of the food truck on the private property where the food truck operates in the same location for less than 10 hours per week.

The following zoning regulations shall apply to food trucks and food truck businesses operating within the City.

1. Food trucks are not permitted to operate in any public rights-of-way within the City.
2. Food trucks operating on public or private property at the same location for more than 10 hours per week shall be required to obtain a temporary use permit in accordance with CZC 12.56 (Temporary Uses).
3. Food trucks operating on public property shall require agent authorization from the applicable governmental entity.

The organizer of any food truck event within the City shall be required to obtain a conditional use permit for the event in accordance with CZC 12.21.100 (Conditional Use Permits). The conditional use permit obtained by the food truck event organizer shall be deemed an event permit on behalf of the food trucks that service the event. Pursuant to Utah Code § 11-56-105, the City shall not require any food truck business to pay any fee or obtain any permit from the City to operate a food truck at a food truck event that takes place on private property within the City. So long as the food truck business operating at the food truck event has a business license from a political subdivision in the State in accordance with CMC 6.07.050 (Food Truck Reciprocal Licensing), the City will not require the food truck business to pay any fee or obtain an additional business license or permit from the City to operate a food truck at a food truck event that takes place on private property within the City.