CHAPTER V. BUSINESS REGULATIONSCHAPTER V. BUSINESS REGULATIONS\ARTICLE 4. MOBILE FOOD VENDORS

Mobile Food Vendor shall mean any person, corporation, association, or other entity, however organized, that offers food and/or beverage for sale from a Mobile Food Unit.

(Ord. 2312, Sec. 2)

Mobile Food Unit shall mean any self-contained vehicle, trailer, cart, or other type of conveyance that regularly moves throughout the City for the purpose of offering food and/or beverage for sale.

(Ord. 2312; Ord. 2315)

No person, corporation, association, or other entity, however organized, shall operate within the corporate limits of the city as a Mobile Food Vendor without first obtaining a valid Mobile Food Vendor’s License.

(Ord. 2312, Sec. 2)

Application for a Mobile Food Vendor’s License shall be made to the city clerk on a form provided by the city clerk for that purpose. In addition to paying the Mobile Food Vendor’s License Fee established by the city Fee Resolution, the applicant shall attest to the truthfulness of the application and shall complete the application in full, providing the following information:

(a)   The applicant’s full legal name, date of birth, place of birth, and Social Security Number.

(b)   The applicant’s permanent address, business mailing address, and telephone number.

(c)   A copy of the applicant’s government-issued photo identification.

(d)   The applicant’s valid Kansas sales tax number.

(e)   A brief description of the nature of the business and the food and/or beverage to be offered for sale.

(f)    A photograph of each Mobile Food Unit and, if licensed, the license plate number of each Mobile Food Unit.

(g)   A copy of a valid State of Kansas license for food service establishments, if such is required.

(h)   Proof of general liability insurance in the amount of $500,000.00 or more.

(i)    A statement indicating whether or not the applicant has had a Mobile Food Vendor’s License, or any similar license, revoked within the preceding two (2) years.

(j)    The applicant’s signature.

(Ord. 2312, Sec. 2)

(a)   The city clerk shall review each application for a Mobile Food Vendor’s license. Within five (5) business days of the application, the city clerk shall approve the application and shall issue to the applicant a Mobile Food Vendor’s license together with an official copy for each Mobile Food Unit identified in the application unless:

(1)   The application is incomplete.

(2)   The application is determined to be fraudulent, to include a material misrepresentation, or to contain a false statement.

(3)   The applicant has had a Mobile Food Vendor’s License revoked by the city for any reason within the preceding two (2) years.

(b)   If the application is deficient for any of the reasons set forth in Section 5-405(a) of this Article, then the city clerk shall deny the application by giving Notice of Denial to the applicant. Notice of Denial shall be in writing, shall be mailed to the applicant at his or her given address, shall inform the applicant of the reason for denial, and shall inform the applicant that he or she has fourteen (14) days from the date of the Notice of Denial in which to appeal the denial of the application to the governing body. The city clerk shall maintain a copy of the Notice of Denial in his or her files.

(Ord. 2312, Sec. 2)

(a)   The Mobile Food Vendor’s license shall contain the seal of the city, the name of the licensee, and the expiration date of the license.

(b)   The Mobile Food Vendor’s license shall be valid for a period not to exceed one year and shall expire on December 31 of the year in which it is issued.

(Ord. 2312, Sec. 2)

In the event that a licensed Mobile Food Vendor begins using a Mobile Food Unit that was not identified in an application for the Mobile Food Vendor’s License, the Mobile Food Vendor shall, before using said Mobile Food Unit, present to the city clerk a photograph of the Mobile Food Unit, the license plate number, if licensed, and a copy of the original Mobile Food License. Upon receipt of that information, the city clerk shall issue to the licensee an official copy of the Mobile Food License for the new Mobile Food Unit.

(Ord. 2312, Sec. 2)

Mobile Food Vendors shall display the Mobile Food Vendor’s License in a prominent place on a Mobile Food Unit at all times that that Mobile Food Unit is engaged in any of the activities licensed by this Article.

(Ord. 2312, Sec. 2)

No Mobile Food Vendor’s License issued in accordance with the provisions of this Article shall be used by any person other than the person, corporation, association, or other entity, however organized, to whom it was issued.

(Ord. 2312, Sec. 2)

(a)   Mobile Food Vendors shall obtain the permission of the property owner where the Mobile Food Unit is located before engaging in any activities licensed by this Article.

(b)   Mobile Food Vendors may only engage in activities licensed by this Article on paved surfaces within the city.

(c)   Mobile Food Vendors are prohibited from offering for sale any food and/or beverage from a public right of way, except if such location is approved as part of a Temporary Use Permit issued by the city.

(d)   No more than two (2) Mobile Food Units may be operated at the same time on any single property, except as part of a Temporary Use Permit issued by the city.

(e)   Mobile Food Vendors are prohibited from offering for sale any food and/or beverage from a single property for more than three (3) hours out of every day, except as part of a Temporary Use Permit issued by the city.

(f)    Mobile Food Vendors are prohibited from allowing their Mobile Food Unit to remain stationary upon a public street for more than five (5) minutes to engage in any activities licensed by this Article, except as part of a Temporary Use Permit issued by the city.

(Ord. 2312, Sec. 2)

Signs shall be limited to those that may be mounted or incorporated on the Mobile Food Unit. Signs shall not exceed the dimensions of the Mobile Food Unit by more than  one (1) foot in any direction. No flashing signs shall be permitted. Illuminated signs are permitted, provided that the signs are only illuminated when the Mobile Food Unit is stationary, that such signs are only illuminated during hours the Mobile Food Unit is being operated, and any such signs, within five hundred (500) feet of any traffic signal, are not green, amber, or red in color. When the sign is illuminated by a light or lights reflected upon it, direct rays of light shall not beam upon any residential building or into any residential neighborhood or street.

(Ord. 2312, Sec. 2)

(a)   The city administrator may revoke any Mobile Food Vendor’s License issued under this Article for one or more of the following reasons:

(1)   Fraud, misrepresentation, or false statement contained in the application for the Mobile Food Vendor’s License;

(2)   Any violation of the provisions of this Article;

(3)   Conducting a licensed activity in an unlawful manner, in a manner that disturbs the peace, or in a manner that is injurious to the health, safety, or welfare of the residents of the city;

(4)   Unauthorized use of a public right of way;

(5)   Revocation or denial of any license issued by the State of Kansas for food service establishments.

(b)   Notice of Revocation shall be in writing, shall be mailed to the applicant at his or her given address, shall inform the licensee of the reason for revocation, and shall inform the licensee of their right to appeal the revocation. The city clerk shall maintain a copy of the Notice of Revocation in his or her files.

(Ord. 2312, Sec. 2)

Any person aggrieved by the denial of an application for a Mobile Food Vendor’s License, or revocation of the license, shall have the right to appeal that action to the governing body. Such appeal shall be taken by filing with the city clerk a Notice of Appeal within fourteen (14) days of the date of the Notice of Denial or the Notice of Revocation. The Notice of Appeal must be in writing and must set forth why the applicant or the licensee believes that the denial or the revocation is erroneous. After the Notice of Appeal is filed, the governing body shall set a time and place for hearing the appeal. Notice of the hearing shall be given to the applicant or licensee in the same manner as the Notice of Denial or the Notice of Revocation. The governing body’s decision and order on such appeal shall be the final order of the city.

(Ord. 2312, Sec. 2)

Operating as a Mobile Food Vendor without a Mobile Food Vendor’s License shall be a municipal offense. Any person, upon an adjudication of guilt or the entry of a plea of no contest, shall be subject to a fine of a minimum of $500.00 and a maximum of $1,000.00. The municipal court judge shall have no authority to suspend all or any portion of the minimum fine.

(Ord. 2312, Sec. 2)

The provisions of this Article shall not apply to the following activities:

(a)   Persons or entities delivering food or beverages within the city but such deliveries are not accompanied by Soliciting as defined in Article 2 of Chapter V of this Code;

(b)   Street vendors licensed under Article 3, Chapter V of this Code;

(c)   Vendors selling at an event that the City has approved pursuant to a Temporary Use Permit;

(d)   Vendors selling at a Farmers’ Market.

(e)   Vendors selling as part of a City Approved Event.

(Ord. 2312, Sec. 2)