(A)

Purpose. The purpose of this section is to facilitate and control the ability of mobile vendors and mobile vendor courts to operate while ensuring such use is compatible with nearby properties, fosters an aesthetically appealing streetscape and does not create a dangerous traffic condition.

(B)

Definitions.

(1)

Food Trucks. A type of mobile vendor which is a motorized and operationally self-contained single vehicle equipped with facilities for cooking and selling food.

(2)

Food Trailers. A type of mobile vendor which is designed to be towed on public roads and having an enclosed area for storage, handling or preparation of food.

(3)

Other Vendors. Mobile vendors are not limited to operating out of a food truck or trailer.

(4)

Mobile Vendor Court. An outdoor commercial center with three (3) or more mobile vendors in a shared location.

(C)

Mobile Vendor Permit Requirements. All mobile vendors shall meet the following requirements and submittals prior to approval:

(1)

Each application for a permit to conduct a mobile vendor business shall be accompanied by a $125.00 permit review and processing fee. Mobile vendor permits shall be issued to the owner of the mobile vendor vehicle. This application will also serve as the vendor's business license that will be processed as such.

(2)

Application for a permit to conduct a mobile vendor business shall include the following items in a format acceptable to the Planning Division:

(a)

Name, address, and contact information of the mobile vendor applicant.

(b)

A valid copy of all necessary permits required by state and county health authorities which shall be conspicuously displayed at all times during the operation of the business.

(c)

Proof of application for remittance of HMR tax to the City of Fayetteville, when applicable.

(d)

Photograph of the proposed vending device from all angles.

(3)

The mobile vendor has the responsibility to dispose of all wastes in accordance with all applicable laws. Mobile vendors are not permitted to dispose of their trash in public trash receptacles.

(4)

The mobile vendor permit issued shall not be transferable in any manner.

(5)

The mobile vendor permit issued shall be conspicuously displayed at all times during the operation of the mobile vending business.

(6)

The proposed use must be a permitted use-by-right within the underlying zoning district, with the exception of outdoor mobile vendors that will operate in city parks as outlined in §97.086.

(7)

Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the public has access to the interior of any mobile vending unit.

(8)

Mobile vendors shall be required to renew their permit on an annual basis following the same timeframe as a standard business license renewal. As part of the renewal process, vendors shall submit an updated copy of the health department permit, HMR tax forms, and a re-inspection by the City Fire Department where applicable. Failure to renew a permit will be cause for revocation by the City Planning Division.

(D)

Mobile Vendor Courts. Mobile vendor courts may be permitted administratively in appropriate zoning districts. A property owner may request a permit from the Planning Division to develop a mobile court subject to the following standards:

(1)

The property owner has provided the Planning Division with a detailed site plan of the mobile vendor court showing the location and dimensional relationships of the property lines, all proposed mobile vendor locations, building setbacks, vehicle parking, sidewalk location and proposed dining or sitting areas. The applicant must also provide an overall plan for the provision of water, sewer, and electricity.

(2)

Site Improvement Requirements.

(a)

Site Design. Sites shall be improved with a barrier between vehicular and customer service areas, including ordering and dining areas. The barrier may be implied or physical and constructed with landscaping elements; gated fencing; changes in ground surface texture, material or color; or similar treatments. Sites which are not already paved with gravel or another hard surface shall improve their parking areas with gravel or other pavement designed in accordance with the Parking Lot Design Standards. With respect to landscaping requirements, the entire mobile vendor court shall be considered a parking lot and perimeter landscaping will be required in accordance with Parking Lot Landscape Standards.

(b)

Sanitation. Adequate restroom facilities, as defined by relevant building code, shall be provided either on-site or through a shared use agreement with a neighboring business. Portable toilets, if used, must be screened from view of the public.

(c)

Utilities. Above ground utility connections shall not interfere with pedestrian or vehicular safety and shall not be located in customer service areas or customer parking areas.

(d)

Mobile vendor courts shall not have continuous curb cuts or exacerbate a dangerous pedestrian condition. New courts may close continuous curb cuts or improve pedestrian conditions with temporary materials subject to approval of the City Planning Division. Acceptable materials include planters, plinths, benches, pavers, and other furniture. Temporary improvements installed by mobile vendor courts shall not reduce access for pedestrians with disabilities.

(E)

Allowable Locations. Permitted food trucks and trailers may operate in the following locations for up to twelve (12) hours each day, after which they must move to a new location which is out-of-view of the original location.

(1)

Marked parallel parking spaces, which are not reserved for residential use and provided the parking space is not in front of a business selling similar food. Service to customers shall be only on the sidewalk side of the vehicle to maintain public safety. Vendors are not exempt from paying the standard rate for the parking space.

(2)

Marked parking spaces within parks pursuant to City Code §97.086.

(3)

Private property zoned for food and beverage sales and with the owner's permission. A property owner may grant permission for a mobile vendor to operate on their property for more than the allowed 12-hour limit.

(4)

Parking spaces on the Downtown Square during the following standing events and within the areas designated for the events by the City Code or special event permit:

(a)

Farmers' Market.

(b)

Sundays on the Square.

(c)

Lights of the Ozarks. The 12-hour time limit does not apply to permitted food trucks and trailers managed by the Fayetteville Advertising and Promotion Commission during Lights of the Ozarks as authorized by §117.93 of the City Code.

(F)

Exemptions. The provisions of the Mobile Vendor ordinance do not apply to:

(1)

The placing and maintenance of unattended stands or sales devices for the sale or display of newspapers, magazines, periodicals and paperbound books.

(2)

The distribution of free samples of goods, wares and merchandise by any individual from his person.

(3)

Special events authorized by a special event permit from the City of Fayetteville Parking Management Division.

(4)

Fireworks sales.

(5)

Children's lemonade stands, or other similar children's stands

(6)

Temporary sales that operate for less than three (3) days. A tent permit from the Fire Marshal shall be obtained, as needed.

(7)

Temporary sales for non-profit entities that operate for less than five (5) consecutive days.

(8)

Non-profit organizations that prepare and donate or give away food for free.

(G)

Prohibited Conduct. The following conduct is prohibited for mobile vendors:

(1)

Obstruct pedestrian or vehicular traffic flow.

(2)

Obstruct traffic signals or regulatory signs.

(3)

Use of any device that produces a loud and raucous noise or operate any loudspeaker, light or light system, public address system, radio, sound amplifier, or similar device to attract public attention.

(4)

Conduct business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, create a nuisance, increase traffic congestion or delay, constitute a hazard to traffic, life or property, or obstruct adequate access to emergency and sanitation vehicles.

(5)

Use or display any signage that is not in compliance with the Unified Development Code Chapter 174, Signs.

(H)

Suspension and Revocation of Permit. Any permit issued under these regulations may be suspended or revoked by the Development Services Director for any of the following reasons:

(1)

Fraud, misrepresentation or knowingly false statement contained in the application for the permit.

(2)

Conducting the business of mobile vending in a manner contrary to the conditions of the permit.

(3)

Conducting the business of vending in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public health, safety, welfare or interfere with the rights of abutting property owners.

(4)

Cancellation of health department authorization for a food or beverage vending unit due to uncorrected health or sanitation violations.

(I)

Notification of Suspension or Revocation. The Development Services Director shall provide written notice of the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or revocation and notifying the vendor or the property owner of his/her right to appeal to the Planning Commission. Such notice shall be personally delivered, posted upon the mobile vendors' premises or mailed to both the address of the property owner and the address of the mobile vendor shown on the permit holder's application by certified mail, return receipt requested.

(Ord. No. 5185, 10-7-08; Ord. No. 5425, 8-2-11; Ord. No. 5498, 05-01-12; Ord. No. 5666, 3-18-14; Ord. No. 5979, §§5, 6, 5-16-17; Ord. No. 6707, §2, 11-21-23; Ord. No. 6846 meeting, §5, 2-18-25; Ord. No. 6877 meeting, §2(Exh. B), 5-20-25)