For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them in this section:

(a)   City means the City of South Hutchinson, Kansas.

(b)   City clerk means the city clerk of the city, or the clerk’s designee.

(c)   Improved surface means an asphalt, concrete, gravel, or other all-weather vehicular surface that is designed and maintained to support vehicle traffic without creating mud, ruts, dust, or erosion that would unreasonably affect adjoining property or the public right-of-way.

(d)   Mobile food vendor means any person, business, corporation, association, or other entity, however organized, that offers food and/or beverages for sale to the public from a self-contained motor vehicle, trailer, cart, or other mobile food unit. A mobile food vendor regulated under this article shall not be regulated as a transient vendor under Article 3 of this chapter.

(e)   Operate means to sell, offer for sale, display for sale, serve, prepare, or distribute food or beverages from a mobile food unit, and includes parking, standing, or locating the unit for such purpose.

(f)   Special event means an event for which the city has issued a special event permit, or an event sponsored or expressly approved in writing by the city.

(Ord. 26-02)

It shall be unlawful for any person to operate a mobile food vendor within the city without first obtaining a mobile food vendor license from the city clerk.

A separate license shall be required for each mobile food unit.

A license issued under this article shall be valid only for the date or dates, location or locations, and hours approved by the city, shall be nontransferable, and shall be displayed in a conspicuous location on the mobile food unit during all times of operation.

(Ord. 26-02)

An applicant for a license under this article shall submit a written application to the city clerk on a form provided by the city. The application shall contain, at a minimum, the following information and documentation:

(a)   The name of the business; the name, address, telephone number, and email address of the owner or authorized operator; and, upon request of the city, government-issued identification for the owner or operator.

(b)   A description of the mobile food unit, including the make, model, color, and state license plate number of any vehicle or trailer to be used.

(c)   The date or dates, requested hours of operation, and the specific location or locations where the applicant proposes to operate.

(d)   A general description of the food and beverages to be sold.

(e)   A copy of the applicant’s current Kansas sales tax registration certificate, or proof of exempt status.

(f)   A copy of the applicant’s current Kansas food service license, permit, or other authorization required by the Kansas department of agriculture or other applicable agency.

(g)   Written permission from the owner or lawful occupant of the property on which the mobile food vendor will operate, if the proposed operation will occur on private property not owned by the applicant.

(h)   Proof of inspection and approval of the proposed location and setup by the city when necessary to address zoning, construction, or site safety considerations.

(i)    Proof of inspection and approval of the mobile food unit by the city fire department to verify compliance with applicable fire and life safety requirements.

(j)    A signed statement by the applicant certifying that all information contained in the application is true and correct and that the applicant agrees to comply with this article and all other applicable laws, regulations, and permit conditions.

(k)   A copy of the operator’s valid driver’s license and proof of commercial general liability insurance covering the operation of the mobile food vendor. Such insurance shall have minimum limits of:

(1)   Five hundred thousand dollars ($500,000) combined single limit for bodily injury or property damage per occurrence; and

(2)   One million dollars ($1,000,000) general aggregate.

The City of South Hutchinson may require that it be named as an additional insured on such policy.

(Ord. 26-02)

(a)   Upon receipt of a completed application, the city clerk may circulate the application to the police department, fire department, zoning administrator, or other city officials for review as reasonably necessary to determine compliance with this article and other applicable laws.

(b)   No license shall be issued until all required inspections and documentation required under Section 5-803 have been completed and approved.

(c)   The city clerk may issue the license if the application is complete and the proposed operation complies with this article, applicable zoning regulations, fire and life safety requirements, and all other applicable laws.

(d)   The city clerk may deny an application if the application is incomplete, contains false or misleading information, fails to include required documentation, or proposes an operation that would violate this article or other applicable law.

(Ord. 26-02)

The following license fees shall apply to mobile food vendors operating within the city:

(a)   Daily license. A mobile food vendor may obtain a daily license for a fee of fifty dollars ($50.00) per day.

(b)   Monthly license. A mobile food vendor may obtain a monthly license for a fee of one hundred dollars ($100.00) which shall authorize operation for up to thirty (30) consecutive days.

(c)   Annual license. A mobile food vendor may obtain an annual license for a fee of three hundred dollars ($300.00) which shall authorize operation for the calendar year in which the license is issued.

(d)   Event-based licensing. A mobile food vendor may obtain a license for a specific event for a fee of fifty dollars ($50.00) per event. No event license shall authorize operation for more than ten (10) consecutive days at the same location.

(e)   Payment required. All license fees shall be paid in full prior to issuance of a license and shall be nonrefundable once the license is issued.

(Ord. 26-02)

All mobile food vendors operating within the city shall comply with the following requirements:

(a)   A mobile food vendor shall operate only during the hours approved on the license. No overnight parking of a mobile food unit shall be permitted unless expressly authorized in writing by the city or property owner.

(b)   A mobile food vendor shall operate only at the approved location stated on the license and only on an improved surface, unless a different surface is expressly approved in writing.

(c)   A mobile food vendor shall not operate within the public right-of-way or on other city-owned property, except as part of a special event or other written approval by the city.

(d)   A mobile food vendor shall not operate in a manner that obstructs or interferes with traffic, sidewalks, driveways, parking circulation, fire lanes, fire hydrants, utility access, ingress or egress, or emergency access, and shall not create a safety hazard.

(e)   A mobile food vendor shall comply with all applicable zoning, building, fire, health, sanitation, and noise regulations, and with all federal, state, and local laws applicable to the operation.

(f)   The mobile food unit shall be maintained in a clean, safe, and sanitary condition and in good repair, free from peeling or flaking paint, and otherwise not pose a threat to public health, safety, or welfare.

(g)   The operator shall provide and maintain adequate trash receptacles for customer use and shall remove, at the end of each day, all trash, debris, grease, wastewater, and other waste associated with the operation. No grease, wastewater, or other liquid waste shall be discharged onto the ground, into any gutter, or into any storm sewer.

(h)   Electricity, generators, propane, and other fuel or utility connections shall be installed, maintained, and used in a safe manner and in compliance with applicable codes. Power generation shall be the responsibility of the mobile food vendor unless another lawful arrangement is approved by the property owner and the city.

(i)    No sign shall be placed in a public right-of-way. Any signage associated with the mobile food vendor shall comply with applicable city sign regulations.

(j)    The operator shall allow authorized city employees and law enforcement officers to inspect the mobile food unit and operating site during hours of operation for purposes of determining compliance with this article and other applicable laws.

(k)   For special events where the city designates or limits vendor spaces, assignments may be made on a first-come, first-served basis or under such other allocation method as the city may establish for the event.”

(Ord. 26-02)

(a)   The city clerk may suspend or revoke a license issued under this article for any violation of this article, any material misrepresentation in the application, or any violation of applicable health, fire, safety, or zoning requirements.

(b)   If the city clerk, a law enforcement officer, or the fire chief determines that continued operation poses an immediate threat to public health or safety, the license may be summarily suspended and the mobile food vendor shall immediately cease operation until the city authorizes the operation to resume.

(c)   Written notice of suspension or revocation shall be provided to the license holder and shall state the grounds for the action. A license holder may appeal the suspension or revocation to the governing body by filing a written notice of appeal with the city clerk within ten (10) calendar days after service of the notice. The governing body’s decision shall be final.

(Ord. 26-02)

Any person who violates any provision of this article shall be deemed guilty of an ordinance violation and, upon conviction, shall be punished as provided in the general penalty provisions of the city code. Each day that a violation continues shall constitute a separate offense. The remedies provided in this section shall be cumulative and shall not prevent the city from seeking injunctive or other lawful relief.

(Ord. 26-02)