Loading...
HomeMy Public PortalAboutOrdinances_359_MOBILE FOOD UNITS_11/13/2023 Ordinance 359 AN ORDINANCE FOR MOBILE FOOD UNITS BE IT ORDAINED by the City Council of the City of Marcus, Iowa: SECTION 1. SUBSECTION ADDED. Subsections 126.01 to 126.07 Of the Code of Ordinances of the City of Marcus, Iowa are hereby adopted: 126.01 DEFINITIONS. "Mobile Food Vendor"means a person engaged in the business of selling food or beverages from a mobile food self-contained motorized vehicle,trailer, or pushcart. 126.02 PERMIT REQUIRED. It shall be unlawful for any person to engage in the sale of food or beverages to the public from a temporary or mobile facility on public property within the corporate limits of the City without first obtaining a mobile food unit permit from the City, in addition to any other State or federal permits, certifications and licenses.A mobile food unit permit by the City shall be subject to the following: 1. A mobile food unit permit may be an annual permit that expires on December 31 of each year or a single use permit. 2. Each mobile food unit shall be permitted separately.No permit transfer between units is allowed. 3. Permits are location specific. Multiple locations will require additional permits. 4. Each mobile food unit shall comply with State of Iowa requirements for health inspections, licensing, safety, and fire code requirements and display its licensing in full view of the public in or on the unit. 5. The following shall be exempt from this requirement: A. For community events,the City Clerk may issue a license to the organization hosting the event to allow Mobile Vendors authorized by the hosting organization to operate without an individual Mobile Vendor license for a limited number of days,not to exceed the number of days of the event being hosted. B. Catering businesses C. Grilling and food preparation activities of brick-and-mortar establishments on the establishment's premises for immediate consumption by patrons or employees. D. Concession stands associated with sports or recreational venues that have been approved as part of the site plan or permitted conditional use permit for the venue. 126.03 PERMIT APPLICATION. 1. Filing. Application requests shall be filed with the City Clerk.No application request shall be accepted for filing and processing unless it conforms to the requirements of this chapter. This would include a complete and true application, all of the required materials and information prescribed, and is accompanied by the required fees. 2. Timely Submittal. Unless otherwise provided herein, applications must be submitted not less than 10 calendar days prior to the proposed start date of the mobile food unit activities. The City reserves the right to reject any application that has not been timely submitted to the City. 3. Application Contents. Application shall be made on a form provided by the City and shall include: A. Full name of the applicant. B. Applicant's contact information including mailing address,phone numbers and e-mail address. C. State health inspection certificate with the classification level of the state license. D. Photographs of the mobile food unit from the front, side and back. E. Make,model and year of vehicle to be used and the license plate number. 4. Right to Appeal. Any applicant whose application for a permit was disapproved may appeal to the Council at its next regularly scheduled meeting by filing with the Clerk a written request for an appeal to the Council at least seven days prior to the meeting. As a result of this appeal, the Council may affirm,modify, or reverse the decision of the City Clerk not to issue the permit. If the application for a permit is denied,the applicant is not eligible for the issuance of a permit under this chapter for a period of one year from the date of notification that the permit application was disapproved,was served in person or deposited in U.S.mail. 5. Application Deemed Withdrawn. Any application received shall be deemed withdrawn if it has been held in abeyance, awaiting the submittal of additional requested information from the applicant, and if the applicant has not communicated in writing with the City and made reasonable progress within 30 days from the last notification from the City to the applicant. The application fee is nonrefundable. Any application deemed withdrawn shall require submission of a new application and fees to begin a new review and approval process. 6. Issuance of Permit. Upon completion of the review process and a determination of compliance with the applicable regulations, the City Clerk may issue a mobile food unit permit. 126.04 LOCATIONS. A mobile food unit may be parked on public property or street as approved in the permit application or as part of a City approved event. Mobile units are prohibited from parking within 150 feet of the main entrance of an establishment that sells prepared food. This only applies from one hour before the establishment's opening to one hour after closing,without approval from the food establishment owner. 126.05 PERFORMANCE STANDARDS. Persons conducting business from a mobile food unit must do so in compliance with the following standards: 1. The mobile food vendor must obtain a Mobile Food Unit permit from the City if on public property. The permit!must be kept in full view of the public in or on the unit. Written consent does not excuse or permit the violation of any other imposable regulations. 2. Mobile food units that are within 150 feet of a residential use or residentially zoned property, shall be limited to hours of operation between 7:00 a.m. and 10:00 p.m. 3. Mobile food units shall serve patrons which are on foot only;no drive-up service to the unit itself shall be provided or allowed. 4. All mobile food units shall maintain a minimum separation from buildings of 10 feet as measured to the closest building element including awnings or canopies,tents, or membrane structures. Location of the mobile food unit shall not impede pedestrians entering or exiting a building. 5. The window or area where a patron orders and receives their purchase shall be located so as not to require a patron to stand or create a line that may cause pedestrians to be in the public right-of-way, vehicle travel lane, including parking lot drive aisles, or similar situation that may create a potential safety hazard. Adequate space for patrons waiting for their order must be available on the property where the mobile food unit is located. 6. Signs are limited to those that are attached to the exterior of the mobile unit and must be mounted flat against the unit and not project more than 6 inches from the exterior of the unit.No freestanding signs,banners, flags, or similar items are allowed. Off premises signs directing patrons to the mobile food unit are prohibited. 7. During business hours,the mobile food vendor shall provide a trash receptacle for use by customers and shall keep the area around the mobile food unit clear of litter and debris at all times. 8. All mobile food units shall be located in such a manner as to not create a safety hazard, such as blocking emergency access to buildings and the site, obstructing access to fire,hydrants, impeding entering and exiting from a building, creating a visual impediment for the motoring public at drive entrances, intersections,pedestrian crossings,or similar movement and access. 126.06 PERMIT FEES. At the time of the submittal of a permit application, the applicant shall pay to the City the applicable permit fee. The fee schedule will be set by resolution and may be modified from time to time with approval by resolution of the Council. 126.07 SUSPENSION OR REVOCATION PERMIT. Any permit issued under the provisions of this chapter may be suspended or revoked by the City as follows: 1. Grounds. The permit maybe suspended or revoked if it is found that; A. The permit holder has made fraudulent statements in his/her application for the permit or in the conduct of his/her'!business. B. The permit holder'has violated this chapter or any other chapter of this code or has otherwise conducted his/her business in an unlawful manner. • C. The permit holder has conducted his/her business in such a manner as to endanger the public welfare, safety, order, or morals. D. The City has received and investigated three or more found complaints during the permitted period related to the manner in which the permit holder is conducting business. 2. Notice of Suspension or Renovation; Right of Appeal. The City shall cause notice of the permit revocation to be served in person by a City official or by mail to the permit holder's local address,which notice shall specify the reason(s) for such action, at which time operations of the permit holder must cease within the corporate limits of the City. The permit holder may appeal the revocation of the permit to the Council at its next regularly scheduled meeting by filing with the Clerk a written request for an appeal to the Council at least seven days prior to the meeting. The Council may affirm, modify, or reverse the decision to revoke the permit. If the permit is revoked,no refund of any permit fee paid shall be made. Upon the revocation of a permit, the permit holder is not eligible for the issuance of a new permit under this chapter for a period of one year from the date the permit revocation is served in person or deposited in the U.S. mail. SECTION 2. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication by law. Passed and approved this 13th day of November 2023. rat Bunt-Mayor ATTEST: 4,0-10,-(4, 6_ ' Robin A. Harvey, City Clerk First Reading: November 13th, 2023 Second Reading Waived November 13th, 2023 Third Reading Waived November 13th, 2023