(a)   Mobile Food Unit shall mean any self-contained vehicle, trailer, cart or other type of conveyance or vehicle from which there is offered for sale food, beverage or either, cooked or otherwise prepared for immediate consumption and sold in a container or package intended for single servings.

(b)   Mobile Food Vendor shall mean any person, corporation, association, or other entity, however organized, who shall operate or oversee, manage, or direct the operation of a Mobile Food Unit.

(c)   No Mobile Food Vendor shall operate a Mobile Food Unit within the City of Girard, Kansas, unless such Mobile Food Vendor shall possess a valid Mobile Food Vendor license issued by the City Clerk of Girard, Kansas, for the current calendar year or for a particular event. Such license shall always be displayed in a prominent place on the Mobile Food Unit. Such license shall be personal to the applicant and shall not be transferable or subject to assignment.

(Ord. 1372)

(a)   Application for a Mobile Food Vendor license shall be made to the City Clerk on a form supplied by the City. All statements made by the applicant on such application form shall be made under penalty of perjury. Such application form shall include (but not limited to) the following information:

(1)   Applicant's full, legal name, date of birth, and social security number.

(2)   Applicant's permanent address, business mailing address, business (and if different personal) telephone number, and e-mail address, if applicant has one.

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

(4)   Brief description of the nature of the business and the food or beverage to be offered for sale; applicant's Kansas retailer's sale tax number; and a copy of applicant's Kansas license for food service operation, if required.

(5)   Evidence of general liability insurance covering applicant's operations of the Mobile Food Unit of $1,000,000, per occurrence and $2,000,000 comprehensive.

(b)   A statement indicating whether an applicant has had a Mobile Food Vendor's license. Or any similar license, revoked within the preceding two years. The fee for such a license shall be $50.00 per year or the applicant may elect to pay $10.00 per occurrence. All such annual licenses shall be issued for the calendar year or the remainder thereof following the application date, expiring on December 31st of each year. There shall be no pro-ration of such fee, nor shall such fee be refunded for any reason, including denial of an application or revocation of such license. Per occurrence licenses shall expire within a consecutive 24-hour period. PROVIDED, HOWEVER, in the same manner an applicant may indicate that he or she is applying for an event license, which shall be valid for a period of 72 hours from issuance. The fee for an event license shall be $25.00. There shall be no refund of fee for any reason, including denial of an application or revocation of such.

(c)   The application shall be granted, and the City Clerk shall issue the required license, unless the City Clerk finds one of the following to exist:

(1)   The application is incomplete, including failure to pay the required application fee in full.

(2)   The application contains a material misrepresentation or materially false statement.

(3)   The applicant has had a Mobile Food Vendor's license revoked by the issuing authority thereof within two years immediately preceding the date of application.

Written notice of denial shall be mailed to applicant at the address on such application. The notice shall state the basis for the denial.

(Ord. 1372)

(a)   All Mobile Food Units shall be maintained in good, operable, and sanitary condition and shall always be able to be moved.

(b)   All Mobile Food Units, unless completely self-contained, shall be near and shall be connected safely to electricity and other necessary utilities, such that they do not pose a threat to the public, health, welfare, and safety.

(1)   If a Mobile Food Unit connects to City utilities, associated utility costs will be assessed.

(c)   Signage for all Mobile Food Units shall be limited to those that can be mounted or incorporated on the Mobile Food Unit itself. No sign shall exceed the dimensions of the Mobile Food Unit by more than one foot in any direction. No flashing signs shall be permitted. Illuminated signs are permitted, but only when the unit is stationary and when the unit is in operation. Any sign within 500 feet of any traffic signal shall not emit or display a green, amber, or red light. When any sign is illuminated by a light or lights reflected upon it, direct rays of such light or lights shall not beam upon any residential building or into any residential neighborhood or street.

(d)   Mobile Food Units’ operations:

(1)   Shall not operate from or offer for sale any merchandise while located upon a public right of way.

(2)   Shall operate from private property only with the express permission of the property owner and shall not operate from any unoccupied or vacant lot without express permission of the property owner and shall not operate directly in front of a private business store frontage without express permission of the property owner.

(3)   Shall not restrict accessibility to handicap facilities such as ramps and parking spaces.

(4)   Shall be limited to two units at the same time on a specific property and to 14 hours per day at any one location.

(Ord. 1372)

(a)   The City Clerk may revoke any Mobile Food Vendor's license for any one of the following reasons:

(1)   Fraud, misrepresentation or false statement in the application.

(2)   Any violation of the provisions of Kansas law or the provisions of this article.

(3)   Conducting a licensed activity in an unlawful manner, that is injurious to the health, safety or welfare of the residence of the City of Girard.

(4)   Unauthorized use of a public right of way or any other violation of the city code.

(5)   Revocation of licensee's Kansas food service license or revocation of licensee's Kansas sales tax registration or failure to remit collected sales taxes to the Kansas Department of Revenue.

(b)   Written notice of revocation shall be mailed to the licensee at the address on the application. The notice shall state the basis for the revocation.

(Ord. 1372)

The provisions of this article shall not apply to events hosted and/or sponsored by the City of Girard. Such events shall include those events sanctioned by written agreement of the City of Girard. The sanctioning agreement may address special conditions on which Mobile Food Units may operate. Such special conditions may include limitations on operation including prohibiting all operations during the sanctioned event and assessing utility costs.

(Ord. 1372)

Operating as a Mobile Food Vendor without a license shall be a misdemeanor. Violation of any of the other provisions of this article is a misdemeanor. Any person upon being found guilty of such violation shall be subject to a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00); and for a second or subsequent conviction in three years, any person shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Five hundred Dollars ($500.00).

(Ord. 1372)