The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Director shall mean the director of community development, or his designee.

Food or food products means any article used for food, drink, confectionery, or condiment by man or animal, whether the same be simple, mixed or compound.

Prepackaged means bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food service establishment or a food processing plant. It does not include a wrapper, carryout box, or other non-durable container used to facilitate food protection during service and receipt of the food by the consumer.

Public right-of-way means any street or highway and property adjacent to streets and highways which is dedicated to public use and over which the federal, state or municipal government, or any agency, department or subdivision thereof, exercises control and dominion; or any bridge, alley, sidewalk, pedestrian way, stairs or elevator which is dedicated to public use and over which the federal, state or municipal government, or any agency, department or subdivision thereof, exercises control and dominion.

Vehicle means any wagon, cart, automobile, truck, pushcart, or any other mobile equipment.

(Ord. No. 1117, § 2, 11-4-2014)

(a)

No person shall sell, offer or expose for sale or have in his possession with intent to sell directly from a vehicle to the consumer any food product unless a license has first been obtained from the director.

(b)

A license issued pursuant to this section may, at the option of the applicant, include special event licensing.

(c)

Persons required to obtain a license pursuant to the provisions of this article shall pay a fee to the city in the amount set forth in section 42-52.

(d)

The format of such license will be approved by the director, and such license shall be prominently displayed at the applicant's selling location.

(e)

Any person who shall manufacture, sell or distribute food or food products without the license required by this section shall be guilty of an offense and, upon conviction, shall be punished as provided in section 1-8. Each day's continued violation of any of the provisions hereof shall be chargeable as a separate offense.

(Ord. No. 1117, § 3, 11-4-2014)

(a)

Contents of application. Applicants for a mobile food service license under this article must file with the city a (verified) sworn application in writing on a form to be furnished by the city, which shall give the following information:

(1)

The name and residence of the applicant if an individual;

(2)

The names and residences of the partners if a partnership;

(3)

The names and residences of the principal officers if a corporation;

(4)

A description in detail of the vehicle proposed to be used for which the license is desired;

(5)

The kind, type and quantities of food products proposed to be kept at, served, or sold from such vehicle;

(6)

If prepackaged and prepared food products are to be sold, the source of such food products;

(7)

The location desired for mobile food sales;

(8)

Time period for which applicant wishes to do business;

(9)

Verification that the applicant is bonded as a group II vendor by the state tax commission or other proof that sales tax has been or is being paid on the merchandise sold or to be sold, if applicable;

(10)

Proof that a county health permit has been obtained; and

(11)

Whether the applicant desires licensing for special events.

(b)

At time of filing, fee as provided in section 42-52 shall be paid to the city.

(c)

Each applicant, if the applicant does not operate a fixed, permanent restaurant within the City of Mustang, shall file with the application a certificate of insurance from the appropriate insurer that the applicant has general liability and vehicular insurance in the amount required by the State of Oklahoma.

(d)

Each applicant shall file with the application the written permission of the property owner(s) giving the applicant the authority to use the location desired.

(e)

Review of application.

(1)

The city shall review the application to ensure:

a.

That applicant is aware of his responsibility to collect and pay sales tax and that applicant is properly registered with the Oklahoma Tax Commission. If applicant is not properly registered with the Oklahoma Tax Commission, the permit will not be issued.

b.

That the chosen location for issuance of a mobile food service license is commercially zoned and does not extend onto the public right-of-way.

c.

That the applicant's business operation will not obstruct a safe line of sight from any street or private drive used to exit the subject property, or cause other sight-distance related problems.

d.

That chapter 94, "signs," is to be properly complied with during applicant's business activity.

e.

That a valid county health permit is obtained.

(2)

Within seven days after receipt of the application, the city shall either approve or disapprove of the application.

a.

If the application is approved, the city shall issue the permit within three days after the approval.

b.

If the application is not approved, the city must state with specificity the reason(s) for nonapproval and the city shall notify the applicant within three days after nonapproval. Proper mailing to the address shown on the application shall be adequate notification to the applicant.

(Ord. No. 1117, § 4, 11-4-2014)

(a)

A permit must be issued not less than 24 hours prior to any actual selling activity by the applicant.

(b)

All mobile food vendors must have the permission of the property owner prior to operating a mobile food service unit on the subject property.

(c)

No mobile food vendor may stop for longer than 12 hours at a single location or address in a twenty-four-hour period. A single location or address shall include a single parking lot shared by multiple businesses.

(Ord. No. 1117, § 5, 11-4-2014)

A license issued pursuant to section 52-102 shall expire one year from its date of issue.

(Ord. No. 1117, § 6, 11-4-2014)

(a)

All operators of vehicles from which food is sold under the provisions of this article shall comply with all traffic regulations.

(b)

All food sales vehicle vendors shall be permitted to stop temporarily to sell food or beverages on the public right-of-way, other than on state highways, on arterial streets or within public parks, but such stops must not impede the normal flow of traffic nor constitute a traffic hazard.

(c)

All vehicles which are used for food sales and which are equipped with any device designed for sound production, amplification or reproduction shall comply with the provisions of section 78-214 of this Code.

(Ord. No. 1117, § 7, 11-4-2014)

Every vehicle used for the sale or distribution of food products to a consumer shall be well constructed and enclosed with top and sides. The interior walls and ceiling of the vehicle shall be of smooth, durable material capable of withstanding repeated washing and scrubbing. Each vehicle shall be kept well painted and in good repair, and in good sanitary condition, and shall not be used for any other purpose. Surfaces of all floors, walls and tops of compartments where foods are kept shall be smooth, nonabsorbent, washable and clean.

(Ord. No. 1117, § 8, 11-4-2014)

(a)

A special event mobile food service license may be issued to any person whose facilities pass a health inspection performed by the Canadian County Health Department.

(b)

An application for a special event mobile food service license shall be accompanied by the license fee set forth in section 42-52 of this Code.

(c)

The holder of a special event mobile food service license is authorized to sell or distribute to the public food or food products for consumption only [on] the premises for which the license is issued.

(d)

A special event food license shall be valid for a period not to exceed seven consecutive days.

(e)

The holder of a special event food license shall be required to comply with section 52-106 of this article.

(f)

Mobile food service licensees holding an annual license, with special events included, will not be required to obtain a special event mobile food service license to participate in events held within the Mustang city limits.

(Ord. No. 1117, § 9, 11-4-2014)

(a)

Suspension of license.

(1)

The director may, without warning, notice, or hearing, suspend a license issued pursuant to the provisions of this article if upon inspection there appears a reasonable likelihood that food products presently being stored, offered for sale, prepared or sold may be contaminated such as to be hazardous to the consumer or are subject to extreme rodent or insect infestation, or interruption of electric or water supply, or improper disposal of sewage. Suspension is effective upon service of the notice as set forth hereinafter, and operations shall immediately cease thereafter.

(2)

The holder of the license shall be afforded an opportunity for hearing before the director within ten days of receipt of request for hearing. The holder of the license or the person in charge shall be notified in writing that the license is, upon service of the notice, immediately suspended, the specific reasons therefor, and that an opportunity for hearing will be provided if a written request for hearing is filed with the director by the holder of the license within ten days. If no written request for hearing is filed within ten days, the suspension is sustained. The director may end the suspension at any time if the reasons for suspension no longer exist.

(b)

Revocation of license.

(1)

The director may, after providing opportunity for hearing, revoke a license for serious violations of this chapter or for interference with the regulatory authority in the performance of duty. "Serious violations of this chapter" shall mean violations of sufficient gravity to pose a hazard to public health. The hearing allowed herein shall be conducted before a three-member panel composed of one representative from the Canadian County Health Department (selected by that agency), one representative nominated by the mayor, and one person selected and agreed upon by the two chosen representatives.

(2)

Prior to revocation, the director shall notify, in writing, the holder of the license or the person in charge, of the specific reasons for which the license shall be revoked at the end of the ten days following service of such notice unless a written request for hearing is filed with the director by the holder of the license within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the license becomes final.

(c)

The hearings provided for in this section shall be conducted by the director, in the case of a suspension hearing, or the three-member panel, in the case of a revocation hearing, at a time and place designated by him or it. Any oral testimony given at a hearing shall be recorded, and the director shall make provision for sufficient copies of the transcript. The director shall make a final finding based upon the complete hearing record and shall sustain, modify, or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the license.

(d)

Any holder of a license, the suspension or revocation of which has been sustained, by the director in the case of a suspension hearing, or the three-member panel in the case of a revocation hearing, may appeal from such action to the district court having jurisdiction. Upon such appeal, the matter shall be tried de novo.

(e)

A notice provided for in this section is properly served when it is delivered to the holder of the license, or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the license. A copy of the notice shall be filed in the records of the regulatory authority.

(f)

Whenever a revocation has become final, the holder of the revoked license may make written application for a new license.

(Ord. No. 1117, § 10, 11-4-2014)

Any person who shall violate any provisions of this article shall be guilty of an offense and, upon conviction, shall be punished as provided in section 1-8 of this Code. Each and every day such violation continues shall constitute a separate offense.

(Ord. No. 1117, § 11, 11-4-2014)

The provisions of this article shall not apply to:

(1)

The acts of merchants having a permanent place of business or their employees, in taking orders at the homes of their customers for goods held by such merchants in stock at their places of business; nor to the acts of such merchants or their employees in handling goods so ordered at the homes of their customers;

(2)

Food sales at events that are not open to the general public or are sponsored, catered, or hosted by a business or group;

(3)

Farmers or truck gardeners who offer for sale or sell, or who peddle and sell from house to house, fresh fruits, vegetables, butter, eggs and farm products produced and raised by such farmers and gardeners from lands owned and cultivated or controlled by them;

(4)

Any hawker, huckster or peddler engaged in the business or occupation of selling, or offering for sale, from house to house, any fresh fruits or vegetables;

(5)

Licensed milkmen.

(Ord. No. 1117, § 12, 11-4-2014)