The purpose of this article is to set forth regulations for itinerant merchants operating on private property.

(Ord. No. 2013-3713, § 1, 3-7-13)

It is the intent of this section to:

A.

Permit limited temporary sales of food and seasonal produce within the city.

B.

Maintain neighborhood character by limiting the location and extent of temporary sales.

C.

Protect the rights of private property owners and businesses.

D.

Protect the safety of the traveling public.

(Ord. No. 2013-3713, § 1, 3-7-13)

A.

These regulations shall apply to itinerant merchants operating on private property.

B.

Itinerant merchants operating in the public right-of-way shall be subject to the applicable provisions of chapter 19, Peddlers and solicitors, of the Municipal Code.

(Ord. No. 2013-3713, § 1, 3-7-13)

A.

Types. Itinerant merchants operating on private property shall be limited to:

1.

Food truck, trailers, or carts; or

2.

Seasonal produce trucks, trailers, or carts.

B.

Licensing. Itinerant merchants shall be subject to the licensing and application requirements of chapter 19, Peddlers and solicitors, of the Municipal Code.

C.

Location and extent.

1.

Itinerant merchants shall be permitted throughout the city, regardless of zoning district, subject to the provisions of this section and chapter 19, Peddlers and solicitors, of the Municipal Code. However, in no case, shall an itinerant merchant operate or be located within or upon:

a.

Properties which are currently unoccupied.

b.

Properties developed with single-family or multi-family residential dwellings.

c.

Designated fire lanes or "no parking" zones.

d.

Landscaped areas of the property.

2.

The location and extent of itinerant merchants, including all appurtenances and other related items, shall be subject to the review and approval of the city planner based upon the site plan and other information submitted by the applicant. In determining the appropriateness of the location and extent, the city planner shall consider the following:

a.

Sufficient on-site parking to accommodate both the primary use and the itinerant merchant.

b.

Sufficient on-site circulation for both vehicles and pedestrians.

c.

Potential adverse impacts on the public right-of-way and/or adjoining properties.

D.

Drive-through facilities. Drive-through facilities shall not be permitted in conjunction with itinerant merchants.

E.

Maintenance. The area in and around the itinerant merchant shall be kept clean and orderly. A trash receptacle shall be provided. The merchant is responsible to clean up all trash, litter, spills, etc. within a minimum 20-foot radius.

F.

Code compliance. Itinerant merchants shall comply with all other pertinent city, federal, state, and St. Louis County requirements.

(Ord. No. 2013-3713, § 1, 3-7-13)

A.

Duration. The food truck, trailer, or cart may operate year-round, subject to the limitations on hours of operation.

B.

Hours of operation. The truck, trailer, or cart shall not operate, park, or otherwise be located upon a property beyond the hours of operation of the primary establishment on that property or twelve (12) hours per day, whichever is less.

C.

Signs.

1.

Signs shall be limited to those attached, affixed, or applied to the truck, trailer, or cart.

2.

No freestanding signs shall be permitted.

3.

No signs contained in section 25-15.6, Prohibited signs, of the zoning code shall be permitted.

D.

Appurtenances and other items.

1.

Canopies, awnings, or umbrellas attached to the truck, trailer, or cart shall be permitted.

2.

Tables, chairs, or other customer seating shall not be permitted in conjunction with the food truck, trailer, or cart.

(Ord. No. 2013-3713, § 1, 3-7-13)

A.

Duration. Seasonal produce trucks, trailers, or carts shall be permitted between April 1st and November 1st each year, subject to the hours of operation.

B.

Hours of operation. The truck, trailer, or cart shall not operate, park, or otherwise be located upon a property beyond the hours of operation of the primary establishment on that property or twelve (12) hours, whichever is less.

C.

Signs.

1.

Signs shall be limited to:

a.

Those attached, affixed, or applied to the truck, trailer, or cart.

b.

Price/product information signs (price tags) shall be permitted, provided they are sized in the context of a typical retail operation and intended for the readability of shoppers within close proximity, not for advertising purposes directed to the public right-of-way. No other freestanding signs shall be permitted.

3.

No signs contained in section 25-15.6, Prohibited signs, of the zoning code shall be permitted.

D.

Appurtenances and other items.

1.

Canopies, awnings, or umbrellas attached to the truck, trailer, or cart shall be permitted.

2.

Tables and other displays shall be permitted, provided they are:

a.

Attached or placed directly against the truck, trailer, or cart; and/or

b.

Placed under a canopy, awning, or umbrella attached to the truck, trailer, or cart.

(Ord. No. 2013-3713, § 1, 3-7-13)

In the event of a disagreement regarding the city planner's interpretation of these provisions, such disagreement shall be submitted to the planning commission for recommendation to the city council, which shall make the decision on such disagreement, provided the applicant shall have the right to appeal such decision pursuant to section 25-9, variances, of the zoning code and to pursue any other available legal or equitable remedy.

(Ord. No. 2013-3713, § 1, 3-7-13; Ord. No. 2013-3819, § 13, 11-21-13)

Penalties for noncompliance with the regulations contained in this section shall be in accordance with those established in section 25-10.4, Penalties.

(Ord. No. 2013-3713, § 1, 3-7-13)