(a)   City Approved Event shall mean:

(1)   Any event sanctioned by a Permit or License issued by the City; or

(2)   Any event the City organizes or assists in organizing where the City has approved vending by specific Mobile Food Vendors at such event.

(b)   Mobile Food Vendor or 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.

(c)   Mobile Food Unit or Unit shall mean any self-contained vehicle, trailer, cart, or other type of conveyance from which food and/or beverage is offered for sale.

(d)   Public property shall include all City streets, alleys, rights-of-way, parking lots, and parking spaces, but shall not include any City parks and/or recreational areas.

(e)   Vending location shall mean any of the following locations where food and/or beverage is offered for sale from a Mobile Food Unit:

(1)   Any single lot, tract, or parcel of private property;

(2)   Any single City parking lot; or

(3)   Any single block of a City street, alley, right-of-way, or line of parking spaces.

(Ord. 1514)

In addition to any other applicable laws or regulations, Mobile Food Vendors must comply with the following regulations and requirements while operating within the City:

(a)   Location. Mobile Food Vendors may vend on public or private property in accordance with this chapter.

(1)   Location.. No Mobile Food Vendor may vend on public or private property in a location that blocks or obstructs the public entrance or parking area of an existing restaurant, unless the Mobile Food Vendor has written permission from the restaurant owner and maintains a record of such permission in its Unit for inspection.

(2)   Flow of Traffic and Pedestrians. Mobile Food Units may not be parked on public or private property where a line of customers would hinder the flow of traffic on any street, the flow of bicycles within any bike lane or route, or the flow of pedestrians along any sidewalk.

(3)   Accessible Routes. No accessible route providing access to persons with disabilities may be blocked or reduced to less than five feet (5’) in width. If any such hindrance occurs, the Vendor must either (a) instruct customers to move to a safe location outside of the flow of traffic, bicycles, and pedestrians, (b) temporarily stop vending from its Unit, or (c) move its Unit to a different location.

(b)   Sale of Alcoholic Beverages. Mobile Food Vendors are prohibited at all times from selling or offering for sale alcoholic beverages unless properly licensed by the State of Kansas.

(c)   Signage. Signage mounted on a Mobile Food Unit shall not exceed the dimensions of the Unit by more than one foot (1’) in any direction. A maximum of one (1) detached “A” Frame Sign may be permitted with a maximum area of eight (8) square feet and a maximum overall height of four feet (4’). “A” Frame Signs must be located within fifteen feet (15’) of their associated Unit and may not interfere with vehicle access, pedestrian movement, or handicap-accessible routes to and around the Unit. A minimum access width of five feet (5’) must be maintained along all sidewalks and building entrances accessible to the public. “A” Frame Signs may only be used during the hours their associated Unit is conducting business. No more than two (2) “feather” type signs/flags may be displayed. These signs must comply with the same location requirements as “A” frame signs.

(d)   Lights. No flashing lights or attention-attracting devices are permitted on or in association with the use of a Mobile Food Unit. No direct light may be shined on adjacent property or cause a glare or distraction for vehicles, bicycles or pedestrians from a Mobile Food Unit.

(e)   Accessory Structures. Any tables or chairs associated with the Mobile Food Unit must be positioned so that they do not interfere with vehicle access, pedestrian movement or handicap-accessible routes to and around the Unit. Any tables or chairs associated with the Mobile Food Unit may only be deployed during business hours unless such use would not be prohibited by the Mobile Food Unit during non business hours to the public at large (i.e. non-folding picnic table).

(f)   Trash and Recycling. Trash and recycling receptacles shall be provided with each Mobile Food Unit. Such receptacles must be attached to the Unit or located within fifteen feet (15’) of the Unit and cannot interfere with vehicle access, pedestrian movement, or handicap-accessible routes to and around the Unit. A minimum access width of five feet (5’) must be maintained along all sidewalks and building entrances accessible to the public.

(g)   Restoration of Site. Immediately upon cessation of vending, the Mobile Food Vendor shall return the site to its previous condition, including the removal of all litter, repair of any damage, or other evidence of the vending. If the site is not returned to its previous condition, the City will restore the site at the expense of the vendor.

(h)   Hours of Operation. Other than during City Approved Events as set out in Section 5-305, Mobile Food Vendors hours of operation shall be restricted to 8:00 a.m. to 10:00 p.m. Sunday through Thursday and 8:00 a.m. to 11:00 p.m. Friday and Saturday.

(i)    Days of Operation. Mobile Food Vendors who have established a permanent location within the limits of Marion County, Kansas, shall have no limitation on days of operation. Mobile Food Vendors residing outside this defined area, shall be limited to no more than two (2) days in any calendar week with only one of those days being a Friday or Saturday, with a maximum of ninety (90) days per any calendar year.

(j)    Other Requirements. To obtain a Mobile Food Vendor Permit, the Applicant must provide proof that the business has a minimum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00) commercial general liability insurance coverage, covering the premises, operations, products and personal injury. Applicants must also provide proof they have a valid Kansas Sales Tax License, valid Kansas Food Servers permit and an inspection review performed by the City Administrator or their designee.

(Ord. 1514)

All Mobile Food Vendors shall acquire and maintain all required licenses and permits applicable to the use and operation of Mobile Food Units from all applicable jurisdictions. An application shall be provided upon request from City Hall. Evidence of all such licenses and/or permits shall be kept in the Unit and produced upon request by the Chief of Police or designee or other public officer charged by the City Administrator with enforcement of this Chapter.

(Ord. 1514)

The Chief of Police or designee or other public officer charged by the City Administrator with enforcement of this Chapter may at any time cause any Mobile Food Unit to be inspected to determine that said unit is suitable from the standpoint of safety for the conduct of a mobile food vendor business and that all provisions of this Chapter and any other City ordinances relating to safety are being complied with.

(Ord. 1514)

This article shall be suspended during the following City Approved Events:

(a)   Chingawassa Days

(b)   Old Settler’s Day

(c)   Art in the Park

(d)   Farm and Art Market.

(Ord. 1514)

The cost for a Mobile Food Vendor/Mobile Food Unit permit shall be $10.00 for a one day permit, or $100.00 for a six-month permit. Said fee shall be paid upon the granting of the permit at City Hall.

(Ord. 1514)