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19.21.045 Mobile food vendor

            (1)        Mobile food vendor.  The purpose of this Section is to provide the general regulations for mobile food vehicle(s), trailer(s), and mobile food court(s).
                        (a)        Mobile food vendors shall be permitted to operate in all B-RP, C-H, CP-1, CP-2, CP-3, M-1, M-2, MU, and MU-TOD zoning districts;
                        (b)        Shall not operate within a two hundred foot (200') radius of any restaurant unless prior written permission from the property owner or authorized agent of said restaurant is provided.  The proximity requirements shall be measured in a straight line from the nearest façade of the mobile food vendor to the main entrance of the restaurant;
                        (c)        Shall not operate within a two hundred foot (200') radius of any public or private elementary, Jr. High, or High School, during operational school hours unless prior written permission from the school or authorized agent is provided;
                        (d)        Shall not operate within a two hundred foot (200') radius of any public park unless prior permission is given by the director of the Parks and Recreation Department or their designee;
                        (e)        The proximity requirements shall be measured in a straight line from the nearest façade of the mobile food vendor to the nearest property line of the school or park;
                        (f)        A mobile food court shall be permitted under the following conditions:
                                    (i)         Approval of a mobile food court permit as described in Section 19.21.045(3); or
                                    (ii)        Approval of a special events permit as issued by the Parks and Recreation Department, including information regarding all mobile food vendors; or
                                    (iii)       Invited by the City to attend a special event;
                        (g)        All signage must be permanently attached to the mobile food vendor, except for one menu sign that shall not exceed three feet (3') by four feet (4') and shall be placed on a hard surface no more than ten feet (10') from the mobile food vendor;
                        (h)        Mobile food vendors and associated signage shall comply with the clear view requirements set forth in Section 19.16.080;
                        (i)         The operator shall provide trash containers which shall be removed from the site when the mobile food vendor leaves the site;
                        (j)         Mobile vehicles and trailers shall be maintained in a neat and professional manner;
                        (k)        Shall only operate when parked on a hard surface;
                        (l)         Shall not cause noise, light, or glare which adversely impacts surrounding uses.  Flashing, scintillating, blinking, or traveling lights shall not be permitted;
                        (m)       The use shall be placed so as not to disrupt the vehicle and pedestrian traffic flow into or out of a site;
                        (n)        Shall not operate as a drive-through;
                        (o)        The performance of professional or personal services shall not be provided from a mobile food vendor;
                        (p)        Permitted hours of operation shall bebetween 7:00 a.m. and 10:00 p.m.;
                        (q)        Shall not extend for more than twelve hours (12) within a twenty-four hour (24) period at any one location;
                        (r)        Shall comply with all applicable Utah State and Davis County Health Department requirements;
                        (s)        Shall comply with all State, County, and City retail sales tax regulations;
                        (t)        No person shall operate a mobile food vendor, without first having obtained a mobile food vendor license or a mobile food event permit from Layton City.  Each license shall be valid for one (1) year from date of issue.  A mobile food vendor owner that lives within the City may operate under a home occupation license.
                                    (i)         Vendors that are licensed under a mobile food event license shall be permitted to operate only at pre-approved mobile food court locations;
                        (u)        The storage of mobile food trucks and trailers for any period of time on property used or zoned for residential use shall meet the home occupation requirements set forth in Section 19.06.030; and
                        (v)        Mobile food vendors shall comply with all City Fire Department requirements including but not limited to:
                                    (i)         An annual inspection conducted by the City Fire Department.  Inspections are current for one year (1) from the approval date of the inspection.  An inspection is required for every mobile food vehicle or mobile food trailer intended to operate within the City;
                                    (ii)        A fire extinguisher with a minimum rating of 20BC shall be mounted and maintained inside the mobile food vendor.  Fire extinguishers are to have a current tag from a licensed service company as required by Utah Code Annotated;
                                    (iii)       All electrical, cooking and heating equipment shall meet all applicable requirements as outlined in the National Fire Protection Association Codes and Standards;
                                    (iv)       LP gas equipment such as tanks, piping, hoses, fittings, valves, tubing, and other related components shall be listed as being compatible with propane (LPG) and in accordance with Chapter 61 of the International Fire Code (IFC), the International Fuel Gas Code (IFGC), the International Mechanical Code (IMC) and NFPA 58;
                                    (v)        LP gas tanks are not to be mounted on the rear of the mobile food trailer/vehicle where it will be susceptible to vehicular damage in the event of a crash;
                                    (vi)       A gas leak detection device must be installed and maintained at all times for the LPG system;
                                    (vii)      Mobile food vendors shall be at least twelve feet (12') from any other food preparation or serving operations;
                                    (viii)     Any mobile food vendor that has a Type I hood ventilation system with a fire protection system installed must be maintained and have current tags from a licensed provider; and
                                    (ix)       When fueling vehicle all cooking appliances along with any pilot lights must be shut off.
            (2)        The application for a mobile food vendor license and mobile food event license shall include:
                        (a)        The location of all places of business;
                        (b)        Written permission from the property owner or authorized agent for each location in which the mobile food vendor shall operate;
                        (c)        Documentation showing Davis County Health Department permit approval;
                        (d)        Copy of a BCI Name Check or Layton City Police Department Right of Access application, no more than one hundred eighty (180) days old; and
                        (e)        A separate site plan for all places of business which shall include:
                                    (i)         Location (address);
                                    (ii)        North Arrow;
                                    (iii)       Adjacent Streets;
                                    (iv)       Specific location and dimensions of the mobile food vendor;
                                    (v)        Any applicable school, park, or restaurant buffer requirements;
                                    (vi)       Parking lot layout; and
                                    (vii)      Location of adjacent building(s);
                        (f)        An application shall not be approved and no license shall be issued or renewed to an applicant if a criminal background check, administrative records search or application materials uncover information showing either the applicant or any employee has a record for any of the following:
                                    (i)         A conviction within the past three (3) years of driving under the influence of drugs or alcohol; alcohol or drug related reckless driving, impaired driving, driving with any measurable amount of controlled substance or automobile homicide; and
                                    (ii)        Any criminal conviction within the past three (3) years for an offense involving violence, theft, possession or use of a deadly weapon, possession of controlled substances with the intent to distribute to another person or any conviction for a crime of moral turpitude.
            (3)        Mobile food court permit regulations:
                        (a)        Mobile food vendors associated with a mobile food court permit shall comply with all requirements as described in Section 19.21.045 including obtaining a business license as described in Section 19.21.045(1)(t);
                        (b)        A mobile food court permit shall be limited to a maximum of six (6) months, beginning on the day the license is approved;
                        (c)        No fee shall be associated with a mobile food court permit;
                        (d)        A mobile food court permit shall not occupy more than fifteen percent (15%) of parking stalls on the lot where the mobile food court has been approved;
                        (e)        A mobile food court permit shall not operate within the public right of way unless otherwise permitted by the Parks and Recreation Department as part of a special event;
                        (f)        The application for a mobile food court permit shall be submitted ten (10) business days before the event and shall include:
                                    (i)         A list of each vendor that will be a part of the event; and
                                    (ii)        A location map that includes:
                                                1.         Address;
                                                2.         North Arrow;
                                                3.         Adjacent Streets;
                                                4.         Parking lot layout;
                                                5.         Location of event;
                                                6.         Location of adjacent building(s); and
                                                7.         Any applicable school, park, or restaurant buffer requirements;
                        (g)        Any change of location or expansion in number of vendors shall require prior approval from the Community and Economic Development Director or their designee.


Ord. No. 16-06, Enacted, 2/18/2016