The Governing Body finds that, in order to advance the health, safety and welfare of the residents of the City of Hillsboro, Kansas, it is necessary to regulate various activities, including those of Mobile Food Vendors.
(Ord. 1394)
The following words, terms and phrases, when used in this section, shall, except where the context clearly indicates otherwise, have the following meanings:
(a) Chief of Police, for the purposes of the Article, shall mean the Chief of the City of Hillsboro, Kansas, police Department, any interim Chief of Police, any acting Chief of Police, or any designee of the Chief of Police.
(b) City Clerk, for the purpose of this section, shall mean the City Clerk, the Interim City Clerk, anyone fulfilling the duties of the City Clerk on either a temporary or a permanent basis, or any designee of the City Clerk.
(c) Mobile Food Vendor shall mean any person, corporation, association, or other entity, however organized, that offers prepared food and/or beverage for retail sale from a Mobile Food Unit. Mobile Food Vendor does not include Peddler, Solicitor, Street Salesman, or Transient Merchant as defined in Article 2, Subsection 5-202 of this Chapter.
(d) Mobile Food Unit shall mean any self-contained vehicle, trailer, cart, tent, or other type of conveyance from which prepared food and/or beverage is offered for retail sale.
(Ord. 1394)
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. 1394)
The types of available Mobile Food Vendor’s Licenses are set forth below. Upon application for a Mobile Food Vendor’s License, each applicant shall pay the fee commensurate with the applicable type of Mobile Food Vendor’s License and the background check fee. License fees and duration of licenses are as follows:
(a) A background check fee on initial application as established by Section 1-1101. Background checks will be valid for one year from the date of application.
(b) Daily License: A license for one Mobile Food Unit to vend for one calendar day identified on the license. The fee for a daily license shall be as set forth in Section 1-1101 per calendar day.
(c) Annual License: A license for one Mobile Food Unit for the remainder of the calendar year commencing on the date of issuance of the license. The fee for an annual license shall be as set forth in Section 1-1101 for the year regardless of when the license is issued.
(Ord. 1394; Ord. 1400)
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, 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, and Social Security Number.
(b) The applicant’s permanent address, business mailing address, email address, telephone number, and license plate number for Mobile Food Unit if licensed.
(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.
(g) A copy of a valid State of Kansas Food Establishment Licenses, if such is required.
(h) Proof of general liability and motor vehicle insurance in the amount of $500,000.00 or more per occurrence.
(i) A statement indicating whether or not the applicant has had a Mobile Food Vendor’s License, or any similar license, revoked in this jurisdiction within the preceding two (2) years.
(j) A statement indicating whether or not the applicant or any principal or employee of the applicant has ever been convicted, under the laws of the State or Kansas or of any other jurisdiction, of a felony or of a misdemeanor crime.
(k) The applicant’s signature.
(Ord. 1394)
(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 determine whether to approve or deny 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. The applicant has had a Mobile Food Vendor’s License revoked by the City for any reason within the preceding two (2) years.
(3) The applicant background check results yield information about previous activity that would present a risk to public safety as determined by the City Clerk, City Administrator, or Chief of Police, including but not limited to any misdemeanor or felony conviction of applicant or any principal or employee of applicant.
(b) If the application is deficient for any of the reasons set forth in this subsection (a), then the City Clerk shall deny the application by giving a Notice of Denial to the applicant. The 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. 1394)
(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 indicated on the license determined by the fee schedule in subsection 5-404.
(Ord. 1394)
A licensed Mobile Food Vendor shall not use a Mobile Food Unit that was not identified in an application for the Mobile Food Vendor’s License, unless 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 and license fee, the City Clerk shall issue to the licensee an official copy of the Mobile Food license for the new Mobile Food Unit.
(Ord. 1394)
No Mobile Food Vendor’s License issued in accordance with the provisions of this section shall be used by any person other than the person, corporation, association, or other entity, however organized, to whom it was issued.
(Ord. 1394)
Mobile Food Vendors shall display the Mobile Food Vendor’s License in a prominent place on a Mobile Food Unit at all times that the Mobile Food Unit is engaged in any of the activities licensed by this section.
(Ord. 1394)
(a) Mobile Food Vendors shall obtain the permission of the property owner before engaging in any activities licensed by this section.
(b) Mobile Food Vendors are prohibited from offering for sale any food and/or beverage from a public right of way or public property, except as part of a City-approved event or with written permission from the City Administrator or their designee.
(c) Mobile Food Vendors may only engage in activities licensed by this section on areas in commercial, industrial, and other nonresidential zoning districts that have adequate facilities to handle traffic generated by the vendor.
(d) Mobile Food Vendors are prohibited from offering for sale any food and/or beverage in the “C-1” Central Business District, except as part of a City-approved events.
(e) Mobile Food Vendors are prohibited from offering for sale any food and/or beverage in a single approved location for more than five (5) consecutive days.
(f) No more than three (3) Mobile Food Units may be operated at the same time on any single property, and no more than nine (9) total Mobile Food Units are allowed in the city limits at a given time, except as part of a City-approved event.
(g) Mobile Food Vendors shall promptly report to the City Clerk any charge or conviction of the Mobile Food Vendor or any principal or employee of the Mobile Food Vendor of a felony or misdemeanor.
(Ord. 1394)
All Mobile Food Units shall comply with the following standards:
(a) All Mobile Food Units shall be maintained in good, operable condition and shall, at all times, be capable of being moved.
(b) 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 public health, safety and welfare.
(c) All Mobile Food Units, unless completely self-contained, shall be located in close proximity to and shall be connected safely to electricity and other necessary utilities, such that they do not pose a threat to public health, safety, and welfare.
(d) Signs shall be limited to those that may be mounted or incorporated on the Mobile Food Unit and one freestanding sign. Mounted or incorporated signs shall not exceed the dimensions of the Mobile Food Unit by more than one (1) foot in any direction. Freestanding signs shall not exceed an area of fifteen (15) square feet and shall not exceed a height of six (6) feet. Freestanding signs can be no more than twenty feet (20) from the Mobile Food Unit and must remain on the property. 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 that the Mobile Food Unit is being operated, and that 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. 1394)
(a) City Clerk may revoke any Mobile Food Vendor’s License issued under this section 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) Conducting any 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;
(3) Unauthorized use of a public right of way;
(4) Violation of a site plan requirement for an existing land use or for any other violation of the zoning code;
(5) Conviction of the Mobile Food Vendor, or any principal or employee of the Mobile Food Vendor of any felony or misdemeanor; or
(6) 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 that he or she has fourteen (14) days from the date of the Notice of Revocation to appeal the revocation to the Governing Body. The City Clerk shall maintain a copy of the Notice of Revocation in his or her files.
(Ord. 1394)
Any person aggrieved by the action of the City Clerk in denying an application for a Mobile Food Vendor’s License or in revoking a Mobile Food Vendor’s 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. 1394)
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. 1394)
The provisions of this Article shall not apply to the following vendors and activities:
(a) City-owned Mobile Food Unit operated by city or recreation staff or volunteers.
(b) Vendors selling at the Marion County Fairgrounds during the Marion County Fair.
(c) Vendors selling at the Farmers’ Market, held at Memorial Park.
(d) Vendors selling at the annual Hillsboro Arts and Crafts Fair operated by Hillsboro Arts & Crats Association traditionally on the third Saturday each September.
(Ord. 1394)