§ 32-97. Vending vehicle standards and conditions.

(a)

Each pushcart or prepared food vending vehicle shall have affixed to it in plain view the owner's license and other licenses or permits required by this article.

(b)

The maximum dimensions of any pushcart shall be eight feet in length and five feet in width.

(c)

The only signs used in conjunction with a pushcart shall be signs affixed to or painted on the pushcart or its canopy.

(d)

The operator of a vending vehicle, if such a person is an employee, contractee, or lessee of an owner, shall be required to wear a uniform badge or clearly visible identification.

(e)

No artificial lighting on any pushcart is permitted.

(f)

A refuse bin of at least one cubic foot shall be provided in or on the vending vehicle.

(g)

No noise-making devices shall be used in conjunction with pushcart vending except one bell with a maximum diameter of two inches.

(h)

The licensee shall maintain the unit in good repair and keep it from defects that may present a hazard to life or property.

(i)

The licensee shall make the unit available for inspection by the license administrator, the health officer, fire marshal or their representatives at any time while the unit is in operation. No notice prior to such an inspection shall be required.

(j)

The licensee shall thoroughly clean the unit and drain and flush the liquid waste tanks each day that the unit is operated.

(k)

The licensee shall provide a current description or list of all foods to be sold and the proposed hours of operation.

(l)

The licensee must comply with all other applicable state and unified government rules and regulations specifically including all food or health-related ordinances of the unified government and all state and federal food labeling laws. The unit itself and licensee must meet all applicable requirements for the operation of mobile food units and food establishments as set out in this Code at all times.

(m)

Each unit shall be clearly marked with the name and phone number of the licensee and the phone number of the license administrator.

(n)

The licensee shall serve, store, and display food on or in the unit itself and shall not use, set up, or attach any crate, carton, rack, table, or other device to increase the selling or display capacity of his unit. The licensee shall be allowed the use of two coolers for the purpose of selling nonalcoholic beverages.

(o)

The licensee shall not use the unit or allow anyone else to use the unit to sell, distribute, or give away any foods other than those stated in the application for the permit. The licensee is not authorized to and shall not sell any nonfood items.

(p)

The licensee or operator shall keep the area within 25 feet of the unit clean and free of litter at all times. The litter receptacle on the unit shall be emptied regularly in other than a public receptacle. The litter receptacle shall be kept covered with a tightfitting lid when not in continuous use.

(q)

The licensee shall not make any structural alteration of the unit without giving 30 days' advance written notice to the license administrator.

(r)

The licensee shall not install, erect, or maintain any signs on any public property, except those permitted on the unit itself.

(s)

The size and location of sites must be such that they will not pose a hazard to vehicular or pedestrian traffic.

(t)

The licensee shall not install any permanent improvement on the sidewalk.

(u)

In the event that activities at any site should cause undue vehicular and pedestrian traffic congestion or any other unsafe condition, the license administrator or any law enforcement officer of the unified government may direct the licensee to temporarily vacate the site until the situation has abated, and the licensee shall comply.

(v)

The licensee shall not allow the unit to remain unattended. All equipment and materials shall be removed from the site at any time that the licensee or operator is not physically present upon the site. If equipment and materials are left unattended, they may be removed. The licensee shall then be liable for all reasonable removal and storage charges.

(w)

Sales of food or merchandise shall be made only to pedestrians. No food or merchandise shall be offered or sold to any occupant of any vehicle.

(Code 1988, § 32-177; Ord. No. O-99-04, § 16, 12-16-2004)