For the purpose of this article, the following words shall be considered to have the following meanings:
(a) Mobile Food Vendor shall mean any person, corporation, association, or other entity, however organized, that offers any food or beverage for sale from a Mobile Food Unit.
(b) Mobile Food Unit shall mean any self-contained vehicle, trailer, cart, wagon, or other type of conveyance from which any food and/or beverage is offered for sale.
(c) City-Approved Event shall mean any event sanctioned by a Permit issued by the City, including but not limited to a Special Event Permit.
(Ord. 1089; Ord. 1128)
It shall be unlawful for any person to engage in any of the activities defined in the preceding sections of this article, within the corporate limits of the city without then having an unrevoked and unexpired license therefor in his or her possession and issued by the City Clerk.
(Ord. 1089; Ord. 1128)
the City Clerk may issue any license required by this article, he or she shall require an application in writing on a form to be supplied by the City Clerk which shall give the following information:
(a) Full legal name and date of birth of applicant;
(b) Name under which the Mobile Food Unit does business (dba name) and, if applicable, the registered name of the legal entity owning the Mobile Food Unit;
(c) Permanent address, business mailing address, email address, and telephone number of applicants;
(d) Proof of a valid driver’s license for operation of the class of vehicle or vehicles identified in the application to be used in the business for the applicant and any agents or employees of the applicant who will be involved in driving the identified vehicle or vehicles;
(e) Identification of vehicle used by applicant in conducting his or her business including the name and address of the owner; the type, make, and vehicle identification number; license plate number; and a photograph of the Mobile Food Unit;
(f) A brief description of the nature of the business to be carried on or the goods to be sold and the length of time such applicant has been engaged in the business;
(g) Proof of valid Kansas food truck sales tax registration certificate;
(h) Proof of valid Kansas Food Service Establishment License, when applicable;
(i) Proof of general liability insurance in the amount of $500,000 or more;
(j) A statement that when the Mobile Food Unit associated with the license application herein is not in use, it will be stored or parked in compliance with all ordinances and regulations of the City of Eudora and that failure by the applicant to legally store the Mobile Food Unit may result in the suspension or revocation of the applicant’s license;
(k) A statement that no person whose duties include working upon the premises of the Mobile Food Unit is a registered sex offender, and that applicant has, subject to audit, performed the necessary background check of all such persons to ensure that the statement is correct.
(l) The applicant's signature acknowledging that he or she is familiar with the provisions of this chapter and is complying and will comply with all requirements set forth within; and that all of the information provided in the application is true and correct.
(Ord. 1089; Ord. 1128)
At the time of filing the application, each applicant under this article shall pay an initial filing fee to the City Clerk in an amount set by resolution of the governing body from time to time. Such fee shall not be prorated or refunded for any reason, including denial of an application or revocation of a license.
(Ord. 1089; Ord. 1128)
(a) Annual licenses issued under this article 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. Short-term licenses issued under this article shall be valid for a period not to exceed three consecutive days. Short-term licenses are not transferrable.
(b) 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, and a copy of the original Mobile Food Vendor License. Upon receipt of that information, the City Clerk shall issue to the licensee an official copy of the Mobile Food Vendor License for the new Mobile Food Unit, subject to a fire inspection.
(c) 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. 1089; Ord. 1128)
(a) The Chief of Police, Fire Chief, Codes Enforcement Officer, or City Clerk and their respective designees may deny any application, or may revoke, or suspend for a period of not to exceed 30 days, any license issued under this article, for any of the following causes:
(1) Fraud, misrepresentation or false statement contained in the application for license.
(2) Fraud, misrepresentation or false statement made in the course of carrying on the business.
(3) Any violation of this article.
(4) Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the city.
(5) The applicant has had a Mobile Food Vendor’s License revoked by the City for any reason within two years prior to the application date.
(b) Notice of the denial, revocation or suspension of a license shall be given in writing to the applicant or mailed to his or her last known address and the City Clerk shall set forth the grounds of such denial, revocation or suspension.
(Ord. 1089; Ord. 1128)
(a) Any person aggrieved by the action of the Chief of Police, Fire Chief, Codes Enforcement Officer, or City Clerk and their respective designees in the denial of an application or revocation or suspension of a license as provided in this article, shall have the right of appeal to the governing body.
(b) Such appeal shall be taken by filing with the City Clerk within 14 days after notice of revocation, suspension or denial of the license has been given to or mailed to such applicant's last known address and setting forth the grounds for appeal.
(c) The governing body shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided herein for notice of denial, revocation or suspension.
(d) The decision and order of the governing body on such appeal shall be final and conclusive.
(Ord. 1089; Ord. 1128)
(a) It shall be unlawful for any licensee to make false or fraudulent statements concerning the quality of nature of his or her goods, wares and merchandise for the purpose of inducing another to purchase the same.
(b) Licensees are required to exhibit their license in a conspicuous place inside the vehicle used for mobile food vending at all times that the Mobile Food Unit is engaged in any of the activities licensed by this Article. Such license must be current and may be used only by the licensee.
(c) Mobile Food Vendors are prohibited from operating during the hours of 12:00 a.m. (midnight) to 6:00 a.m.
(d) Signage mounted on the side of a Mobile Food Unit shall not exceed the dimensions of the Unit by more than one (1) foot in any direction and any separate signs shall be compliant with the provisions of the City’s zoning regulations relating to signage.
(e) No flashing lights are permitted on the Mobile Food Unit. No direct light from a Mobile Food Unit may be shined on adjacent property or cause a glare or distraction for vehicles, bicycles, or pedestrians.
(f) The exterior of all Mobile Food Units shall be maintained in good repair, shall be sound, shall be free from peeling or flaking paint, and shall be clean and sanitary so as not to pose a threat to the public health, safety, and welfare.
(g) All mobile food vendors are subject to on-site fire safety inspections and shall comply with the following requirements:
(1) General Safety & Cooking Operations
(A) Portable fire extinguishers have been properly selected and installed in the kitchen cooking areas;
(B) Where solid fuel cooking appliances produce grease laden vapors, appliances shall be protected by listed fire extinguishing equipment;
(C) A working carbon monoxide detector is present;
(D) Cooking equipment shall not be left unattended while still hot;
(E) Cooking equipment shall be operated when all windows, service hatches, and ventilation sources are fully opened; and
(F) Cooking equipment and ventilation system shall be kept clean by regularly removing grease.
(2) Vehicle Power
(A) Engine-driven powered vehicles shall require 10ft clearance in all directions from openings and air-intakes as not to accumulate exhaust; and
(B) Engine-driven powered vehicles shall direct exhaust away from all buildings.
(3) Cooking Fuels
(A) When using propane, main gas shutoff for all containers is readily accessible and portable gas containers are in the upright position and secured to prevent tipping over; and
(B) When using solid fuel, ash, cinders, and other fire debris should be removed from the firebox at regular intervals and at least once a day; and removed ashes, cinders, and other removed fire debris should be placed in a closed metal container with at least three feet clearance from any combustible materials.
(Ord. 1089; Ord. 1128)
Mobile food vendors may vend on property within the city subject to the following:
(a) Mobile Food Vendors may not be parked or operate on public or private property where the Unit, signage, a line of customers or any other aspect of the Unit’s operation would: (1) hinder the flow of traffic on any street, (2) hinder the flow of bicycles within any bike lane or route, (3) hinder the flow of pedestrians along any sidewalks, (4) block or reduce to less than five (5) feet in width any accessible route to persons with disabilities, or (5) block or obstruct access to any driveway or access point to any property. Provided, however, this provision shall not apply when a Mobile Food Unit is operating on a street that is closed pursuant to a valid Special Event Permit, subject to Chapter 5 Article 4 of this Code.
(b) For fire safety purposes, a Mobile Food Unit that is utilizing flammable liquids or gases shall maintain a minimum separation distance of ten (10) feet from any other Unit and a minimum separation distance of ten (10) feet from any building openings such as doors and windows.
(c) No Mobile Food Vendor shall vend on public property within 150 feet as measured from the front door of any restaurant which is open for business unless authorized in writing by the owner or manager of any such restaurant. Such written authority to operate within 150 feet of a restaurant or restaurants shall be maintained on the premises of the Mobile Food Unit at all times it is operating pursuant thereto and produced upon request by the Chief of Police, Fire Chief, Codes Enforcement Officer, or City Clerk or other public officer authorized to enforce the provisions of this Article.
(d) No Mobile Food Vendor shall vend on public property within 500 feet of the location for which a community event permit has been issued during the hours of the event as specified in the event permit, unless authorized in writing by the event promoter. Distance shall be measured from the boundary of the event footprint nearest to the location proposed to be used for mobile food vending. Any written authority to operate within 500 feet of a community event shall be maintained on the premises of the Mobile Food Unit at all times it is operating pursuant thereto and produced upon request by the Chief of Police, Fire Chief, Codes Enforcement Officer, or City Clerk or other public officer authorized to enforce the provisions of this Chapter.
(e) Every Unit shall be stationary while vending.
(f) Whenever any vehicle is used for mobile food vending upon a street, alley, sidewalk or other public right-of-way within the City, such vehicle must be legally parked and no Mobile Food Vendor shall sell any food to any person standing in the street. Within the Downtown Commercial zoning district, parallel parking in angled spots is permitted provided consent is received from the property owner, manager, tenant or other person in charge of all properties within 50 feet of the Mobile Food Unit. Provided, however, this provision shall not apply when a Mobile Food Unit is operating on a street that is closed pursuant to valid Special Event Permit, subject to Chapter 5 Article 4 of this Code.
(g) All Mobile Food Vendors operating on private property or on public property other than public right-of-way shall acquire the written permission of the property owner, manager, tenant or other person in charge of the property allowing the use and location of the Mobile Food Unit on said property. For public property owned by the City of Eudora, written permission shall be obtained from the City Manager or designee. Any written permission required by this subsection shall be kept on the premises of the Mobile Food Unit and produced upon request by the Chief of Police, Fire Chief, Codes Enforcement Officer, or City Clerk or designee or other public officer authorized to enforce the provisions of this Article.
(h) The City may, subject to the Use Permitted Upon Review process as stated in Section 6 of the City’s zoning regulations, approve a Mobile Food Unit as a permanent or seasonal element of a site upon such application to the Codes Administrator.
(i) Whenever a Mobile Food Vendor operates on streets classified as residential, written permission shall be obtained from the City Manager or designee prior to parking and selling.
(Ord. 1089; Ord. 1128)
The Fire Chief or designee and any law enforcement officer has the right to close down or request a Mobile Food Unit to relocate, where, in the opinion of such officer, the Mobile Food Unit is causing or contributing to an imminent public safety hazard. Such hazards shall include, but not be limited to, situations where the operation of a Mobile Food Unit is causing a traffic hazard, a fire hazard, is impeding free or uninterrupted passage of vehicles and/or pedestrians upon public streets, sidewalks, or alleyways, selling food or beverages that are not safe for human consumption or operating a Mobile Food Unit without the license required by this Article.
(Ord. 1089; Ord. 1128)