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 food and/or beverage for sale from a mobile food unit.

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

(Ord. 771)

(a)   It shall be unlawful for any person to operate within the corporate limits of the city as a mobile food vendor without having first obtain a license as required in this article.

(b)   The provisions of this article shall not apply to the following activities:

(1)   Ice cream vendors licensed under this article.

(2)   Mobile food vendors selling at fairs or festivals.

(3)   Mobile food vendors selling at a farmers’ market, as defined in K.S.A. 2-3802, as amended.

(Ord. 771)

The application fee for a mobile food vendor’s license shall be as prescribed in section 1-118. The fee shall not be pro-rated or refunded for any reason, including denial of an application or revocation of a license.

(Ord. 771)

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:

(1)   The applicant’s full legal name, date of birth, place of birth and Social Security Number.

(2)   The applicant’s permanent address, business mailing address and telephone number.

(3)   A copy of the applicant’s government-issued photo identification.

(4)   The applicant’s valid Kansas sales tax number

(5)   A brief description of the nature of the business and the food and/or beverage to offered for sale.

(6)   A photograph of each mobile food unit and, if licensed, the license plate number of each mobile food unit.

(7)   A copy of a valid State of Kansas license for food service establishments, if such is required.

(8)   Proof of general liability insurance in the amount of $500,000.00 or more.

(9)   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.

(10) The applicant’s signature.

(Ord. 771)

(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 approve 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; or

(3)   The applicant has had a mobile food vendor’s license revoked by the city for any reason within the preceding two (2) years.

(b)   If the application is deficient for any of the reasons set forth in 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 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. 771)

(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 up to one year in which case it shall expire no later than December 31 of the year in which it is issued.

(Ord. 771)

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 vendor’s license.  Upon receipt of that information, the city clerk shall issue to the licensee an official copy of the mobile food vendor’s license for the new mobile food unit.

(Ord. 771)

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. 771)

(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 may only engage in activities licensed by this section on improved surfaces in commercial, industrial, and other nonresidential zoning districts.

(c)   Mobile food vendors are prohibited from offering for sale any food or beverage from a public right of way, except as part of a City-approved street closure.

(d)   Mobile food vendors are prohibited from offering any food or beverage from any unoccupied or vacant lot, except as part of a City-approved Site Plan establishing a location for mobile food vendors as a permanent or seasonal element of the site in accordance with subsection (f) of this section.

(e)   No more than two (2) mobile food units may be operated at the same time on any single property, except pursuant to a city-approved site plan establishing a location for mobile food vendors as a permanent or seasonal element of the site in accordance with subsection (f).

(f)    The City may approve a site plan establishing a location for mobile food vendors as a permanent or seasonal element of a site only when the following conditions are met:

(1)   The owner must submit to the City, for its approval, a standard Site Plan showing, among other things, the location on the site of mobile food vendors as either a permanent or seasonal element of the site;

(2)   The proposed site plan must meet all requirements of the Zoning Code of the City of Solomon, as amended, and the provisions of this section.

(Ord. 771)

All mobile food units shall comply with the following standards:

(1)   All mobile food units shall be maintained in good, operable condition and shall, at all times, be capable of being moved.

(2)   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.

(3)   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.

(4)   Signs shall be limited to those that may be mounted or incorporated on the mobile food unit.  Signs shall not exceed the dimensions of the mobile food unit by more than one (1) foot in any direction.  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. 771)

(a)   The 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)   Any violation of the provisions of this section;

(3)   Conducting a licensed 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;

(4)   Unauthorized use of a public right of way;

(5)   Violation of a site plan requirement for an existing land use or for any other violation of the zoning code; 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 licensee at the licensee’s  address shown on the permit application, shall inform the licensee of the reason for revocation, and shall inform the licensee that the licensee 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. 771)

(a)   Any person aggrieved by the action of the city clerk 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. 771)