The following words and phrases, whenever used in this article, shall be construed as defined in this section:

Mobile food vehicle means a food establishment that is located upon a vehicle, or which is pulled by a vehicle, where food or beverage is cooked, prepared and served for individual portion service.

This shall not apply to:

(1)

Canteen, coffee, or ice cream trucks that move from place to place and are stationary in the same location for no more than 30 minutes at a time.

(2)

Food vending push carts and stands.

Mobile food truck means a mobile food vehicle.

Mobile food truck commissary means a designated facility or fixed food establishment that the food truck operates from and reports to for supplies and for cleaning and service operations.

Mobile food vending site means a collection of mobile food vending units clustered together on a single lot or parcel of land under common ownership.

(Ord. No. O-40-14, § 1, 9-2-2014)

(a)

Maintain and display a valid City of Gadsden business license.

(b)

Maintain and display a valid permit issued by the Etowah County Health Department.

(c)

If operating a mobile food vehicle on private property, the operator must be able to provide, upon request, a written agreement between the property owner and the vehicle operator stating permission has been granted to operate at said location. An agreement must be provided for each location of operation.

(Ord. No. O-40-14, § 1, 9-2-2014)

(a)

Food preparation must be completely contained within the vehicle.

(b)

All signage must be attached to the vehicle.

(c)

Sufficient lighting must be provided during non-daylight hours.

(d)

Audible forms of entertainment are not allowed (includes music, loudspeakers, etc.).

(e)

Vehicle may not be parked so that it obstructs the flow of traffic for neighboring businesses.

(f)

Vehicle may not be parked so that it impedes the flow of traffic on the right-of-way.

(g)

Vehicle must meet setback requirements for all respective zoning districts.

(h)

Vehicle must be parked a minimum of 20 feet from any street intersection.

(i)

If operating on a right-of-way, the vehicle must be parked so that the distribution side is away from traffic.

(j)

Vehicle may not occupy an area that would be greater than two parking spaces.

(k)

Utility service is the responsibility of the vehicle operator. No public connections may be utilized for the operation of the business.

(l)

Waste materials and refuse must be self-contained and must be taken to the designated commissary for disposal.

(m)

A trash receptacle must be provided for use by customers. This receptacle must be taken to the designated commissary for disposal.

(n)

Tables or chairs for customer use are not allowed.

(o)

Vehicle may not be left overnight at any location.

(Ord. No. O-40-14, § 1, 9-2-2014)

(a)

May not operate within 300 feet of any brick and mortar restaurant.

(b)

May not operate at any city park or other city property unless:

(1)

At a special event hosted by the city (see section 130-496);

(2)

At a designated mobile food vending site approved by the city planning department (designated as such by appropriate signage).

(Ord. No. O-40-14, § 1, 9-2-2014; Ord. No. O-27-19, § 1, 9-3-2019; Ord. No. O-19-19, § 1, 6-4-2019)

(a)

May not operate in the following zoning districts:

R-1, One-Family Residence District

R-2, Multiple-Family Residence District

R-T, Residential Townhouse District

(b)

May not operate within any right-of-way or municipal lot in a B-4, Design Review District, unless at a designated food vending site.

(c)

May operate in a B-1, Neighborhood Business District, B-2, General Business District, and B-3, Central Business District, and O-1, Office District.

(d)

If operating in the right-of-way of a B-1, B-2, B-3, or O-1 zoning district, vehicle must be parked in areas with delineated parking spaces.

(Ord. No. O-40-14, § 1, 9-2-2014)

A property owner can allow multiple mobile food vehicles to occupy their lot at the same time. All operating requirements and regulations apply.

(Ord. No. O-40-14, § 1, 9-2-2014)

The City of Gadsden may issue a special event permit to allow the operation of mobile food vehicles outside of the normal guidelines.

(1)

Applications will be accepted by the city department hosting the event and permits will be issued on a first come, first serve basis until the maximum number of allowed vehicles is reached.

(2)

Number of mobile food vehicles allowed at an event will be dependent on the space available where the event is being held.

(3)

Number of mobile food vehicles allowed at each special event will be determined by the city department that is hosting the event.

(4)

In order to provide variety, the City of Gadsden reserves the right to eliminate "same type" vendors when issuing permits where space limitations are involved.

(Ord. No. O-40-14, § 1, 9-2-2014)

(a)

Monday through Sunday between the hours of 10:00 a.m. and 10:00 p.m.

(b)

Special event hours will be the duration of the event itself. Setup may be one hour prior to the start of the event and clean-up must be completed within one hour of the end of event.

(Ord. No. O-40-14, § 1, 9-2-2014; Ord. No. O-27-19, § 2, 9-3-2019)