It is the purpose of this chapter to preserve the peace, safety, and welfare of the city and its residents by providing clear and concise standards for mobile food sales.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

This chapter applies to mobile food sales within the city. No registration, permit, or licenses for mobile food sales shall be issued absent compliance with this chapter.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

A.

"Mobile food sales" means selling or offering to sell any type of food, beverage, or edible of any type, from a motorized vehicle, trailer, or pushcart.

B.

"Mobile food vendor" means a retail food service in which food is served to walk-up customers from a motorized vehicle, trailer, or pushcart.

C.

"Mobile food court" means a development on a privately owned parcel with two (2) or more mobile food vendors, an individual pad, service, and utility hook-ups for each mobile food vendor, and on-site amenities, such as restrooms, dining area, etc., for customers, and which are intended for regular food service from mobile food vendors. Mobile food courts may have mobile food vendors that operate on a temporary basis (up to four (4) hours per day) or a long-term basis (more than four (4) hours per day). Operations associated with a private catered event or a city-permitted special event are not considered a mobile food court.

D.

"Mobile food commissary" means a development on a privately owned parcel that is utilized by one (1) or more mobile food vendors to: prepare or prepackage food for sale or service at other locations; store food, containers, or supplies; clean utensils; dispose of liquid and solid wastes; obtain potable water; and/or store motorized vehicles, trailers, pushcarts, and other equipment when not in use.

E.

"Specialty food sales" means a retailer of pre-packaged or whole food products that does not involve on-site preparation. Specialty food sellers operate in a single location for no more than fifteen (15) minutes per occasion before changing locations (e.g., ice cream trucks).

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following standards apply to mobile food vendors that operate in the city, whether located within public rights-of-way, on public property outside of rights-of-way, and on private property with the permission of the property owner:

A.

Registration Required. An annual registration permit is required for mobile food vendors operating in the city. Permit applications shall be processed administratively provided that staff may, at their discretion, refer any application to the planning commission for consideration. As part of the annual registration process, mobile food vendors shall obtain a business license from the city and shall be responsible for obtaining all necessary licenses and permits required for the service of food and beverages, including a permit for mobile food service from the county.

B.

Vehicle Compliance. Motorized vehicles and trailers used in conjunction with mobile food sales shall be in compliance with state motor vehicle laws.

C.

Hours of Operation.

1.

Residential zoning districts: Except as provided for herein, mobile food sales are limited to specialty food sales in the R-1, R-2, and R-3 zoning districts between the hours of 8:00 a.m. and 6:00 p.m.

2.

Mixed use zoning districts: All mobile food vendors operating in the MU-1, MU-2, and

MU-3

zoning districts shall cease operation between the hours of 8:00 p.m. and 7:00 a.m.

3.

Commercial zoning districts: All mobile food vendors operating in the T-C and S-C zoning districts shall cease operation between the hours of 10:00 p.m. and 7:00 a.m.

4.

Industrial zoning districts: All mobile food vendors shall cease operation within the

L-M

and M zoning districts between the hours of 9:00 p.m. and 7:00 a.m.

5.

Open Space and Public Facilities zoning districts: All mobile food vendors operating in the O-S and P-F zoning districts shall cease operation between the hours of 8:00 p.m. and 7:00 a.m.

D.

Time Limits. A mobile food vendor shall not vend within the public right-of-way at any location for more than three (3) hours without moving to a new location that is at least five hundred (500) feet from the previous location.

E.

Intersections. Mobile food vendors shall not stop, stand, or park in any location that obstructs visibility of an intersection or of traffic entering or exiting an intersection.

F.

No Parking and Loading Zones. Mobile food vendors shall not stop, stand, or park in or adjacent to any no parking or loading zone.

G.

Parking Facilities. Operations within public and private parking facilities shall not conflict with traffic circulation, shall not interfere with pedestrian paths of travel or the minimum required on-site parking spaces for the principal use(s) on the property, and shall impact no more than (2) parking spaces.

H.

Proximity to Fixed Restaurants. Mobile food vendors shall not operate within two hundred fifty (250) feet from the main customer entrance of any restaurant.

I.

Proximity to Public Schools. Mobile food vendors shall not operate within a public parking lot, city park, or public right-of-way within five hundred (500) feet of a public school within thirty (30) minutes of the beginning and end of the school day.

J.

ADA Access. Mobile food vendors shall not interfere with parking spaces established pursuant to the Americans with Disabilities Act (ADA) and shall maintain a clear path of travel on sidewalks and other pedestrian pathways that is free of customer queuing, signage, and/or all portions of the vehicle, trailer, or pushcart for the clear movement of pedestrians.

K.

Trash Receptacles. Mobile food vendors shall maintain trash receptacles immediately adjacent to the vending location for use by their customers and shall pick up all trash within twenty-five (25) feet of their vending location. Trash shall not be placed in city trash receptacles.

L.

Self-Contained Operations. When located on public property, outside tables, seating, and shade canopies are not permitted.

M.

Music and Audio. No amplified or non-amplified music or audio is permitted.

N.

Alcoholic Beverages. The sale and/or service of alcohol is not permitted.

O.

Private Property. When permitted by the zoning district, mobile food vendors may operate on private property subject to the following:

1.

Unless located in an approved mobile food court, only one (1) mobile food vendor is allowed per site; mobile food sales are restricted to properties that include a business that it open during the hours of mobile food sales; and outside overnight storage of furniture is prohibited.

2.

Properties used for mobile food sales must have all public improvements in place, including but not limited to curb, gutter, sidewalk, and vehicular access.

3.

Mobile food vendors may only operate on paved surfaces. Operating on unimproved surfaces, landscaped areas, or within required setback areas is prohibited.

4.

Tables, umbrellas, and chairs are permitted on paved and/or improved surfaces outside of required setbacks provided they do not obstruct visibility of traffic entering or exiting the property or adjacent intersections.

5.

Prior to operating on private property, mobile food vendors shall obtain written permission from the property owner(s), which shall be made available to city staff upon request.

P.

Exceptions.

1.

By conditional use permit, the planning commission may grant exceptions to these provisions.

2.

Mobile food sales on public streets or property at city sanctioned events shall not require a conditional use permit provided such sales are conducted at locations and in a manner and time as may be directed by the city.

3.

Unless so conditioned, mobile food vendors operating in an approved mobile food court are not subject to the restrictions on hours of operation or the prohibition on the sale of alcohol and outside storage of furniture pursuant to this section.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

Mobile food courts are subject to all permit requirements and site development standards established by this code. Mobile food courts shall be further subject to the following standards:

A.

An individual pad and individual service and utility hook-ups shall be provided for each mobile food vendor.

B.

A restroom shall be provided on site for employees and customers.

C.

Pedestrian-oriented amenities, including tables, seating, shaded areas, and landscaping, shall be provided.

D.

Customer walkup areas may not extend into the public right-of-way.

E.

With the exception of providing food service at community events, the maximum number of mobile food vendors per lot shall be as follows:

1.

Maximum of two (2) mobile food vendors on lots less than one-half (0.5) acre.

2.

Maximum of four (4) mobile food vendors on lots between one-half (0.5) acre and one (1) acre.

3.

Maximum of six (6) mobile food vendors on lots greater than one (1) acre.

F.

Exceptions. By conditional use permit, the planning commission may grant exceptions to these provisions.

(Ord. No. 575, § I(Exh. A), 6-29-2023)

The following are exempt from the requirements of this chapter as specified below, but still must satisfy all other applicable permit requirements (e.g., business license, encroachment permit, county food facility permit, etc.).

A.

Mobile food sales conducted in connection with the operations of a certified farmers' market.

B.

Mobile food sales conducted at a city-sponsored special event, such as a street fair.

C.

Mobile food sales at an event at a school facility, assembly use facility, or recreational facility if the vendor is in partnership with the organization conducting the event and is located on the site of the event (i.e., not in the public right-of-way).

D.

Mobile food sales at a public park with approval of the district administrator.

E.

Mobile food sales at a private event or party in a residential zone located either on the site of the event or in the public right-of-way with no retail sales to the general public.

(Ord. No. 575, § I(Exh. A), 6-29-2023)