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Draft Ordinance - Food Trucks (002) AN ORDINANCE AMENDING THE CITY OF PRATTVILLE CODE OF ORDINANCES BY REPLACING SECTION 38-301, ARTICLE V, CHAPTER 38, DEFINITIONS; ADDING SECTIONS 38-335 TO 38-342, ARTICLE V, CHAPTER 38, MOBILE FOOD VENDORS LICENSES; AMENDING SECTION 38-329, ARTICLE V, CHAPTER 38, SELLING OF FOOD PRODUCTS, GOOD, ETC., FROM PARKED VEHICLES; AND AMENDING SECTION 38-321, ARTICLE V, CHAPTER 38, LICENSE CLASSIFICATION CODES. WHEREAS, Alabama municipalities are authorized to regulate the use of public streets, sidewalks and rights-of- way for public health, safety, welfare and convenience; and WHEREAS, no person, firm, association, or corporation is authorized or permitted to use the streets, avenues, alleys, or public rights-of-way of any municipality for the operation of any private enterprise, without first obtaining the consent of the property authorities of such municipality provided by §11-49-1, Code of Alabama, 1975, as amended; and WHEREAS, mobile food vehicles are a national trend and provide the useful service of convenient and varied dining options; and WHEREAS, the City Council of the City of Prattville finds it in the interest of the public health, safety, welfare and convenience to authorize the operation of mobile food vehicles within the City limits, subject to regulations to protect the safe and convenient use of public rights-of-way as well as to impose reasonable restrictions on such vendors operating on private property. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Prattville, Alabama, that Chapter 38, “Business Licenses and Taxes” Article V is amended as follows: Section 38-301 is deleted in its entirety and replaced with the following Section 38-301. Sec. 38-301. - Definitions. A. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means any person or business that applies for a license or renews a license under the provisions of this article. Business means any commercial or industrial activity or any enterprise, trade, profession, occupation, or livelihood, including the lease or rental of residential or nonresidential real estate, whether or not carried on for gain or profit, and whether or not engaged in as a principal or as an independent contractor, which is engaged in, or caused to be engaged in, within the city. Business license means an annual license issued by the city for the privilege of doing any kind of business, trade, profession, or any other activity in the city, by whatever name called, which document is required to be conspicuously posted or displayed except to the extent the taxpayer's business license tax or other financial information is listed thereon. Business license remittance form means any business license return, renewal reminder notice, or other writing on which the taxpayer calculates the business license tax liability for all or part of the license year and remits the amount so calculated with the form. Department or department of revenue means the state department of revenue, as created under §40-2-1, Code of Alabama, 1975, as amended. Designee means an agent or employee of the city authorized to administer or collect, or both, the municipality's business license taxes, which may include another taxing jurisdiction, the department of revenue, or a private auditing or collecting firm as defined in §40-2A-3, Code of Alabama, 1975, as amended. Finance director means the treasurer/finance director of the city. Gross receipts means the measure of any and all receipts of a business from whatever source derived, to the maximum extent permitted by applicable laws and constitutional provisions, to be used in calculating the amount due for a business license. Provided, however, that: (1) Gross receipts shall not include any of the following taxes collected by the business on behalf of any taxing jurisdiction or the federal government: all taxes which are imposed on the ultimate consumer, collected by the taxpayer and remitted by or on behalf of the taxpayer to the taxing authority, whether state, local or federal, including utility gross receipts levied pursuant to §40-21-80, Code of Alabama, 1975, as amended; license taxes levied pursuant to §40-21-50, Code of Alabama, 1975, as amended; or reimbursements to professional employer organizations of federal, state or local payroll taxes or unemployment insurance contributions; but no other deductions or exclusions from gross receipts shall be allowed except as provided in this article. (2) A different basis for calculating the business license may be used by the city with respect to certain categories of taxpayers as prescribed in §11-51-90B, Code of Alabama, 1975, as amended. (3) For a utility or other entity described in §11-51-129, Code of Alabama, 1975, as amended, gross receipts shall be limited to the gross receipts derived from the retail furnishing of utility services within the city during the preceding year that are taxed under §40-21-80, Code of Alabama, 1975, as amended, except that nothing herein shall affect any existing contract or agreement between a municipality and a utility or other entity. The gross receipts derived from the furnishing of utility services shall not be subject to further business license taxation by the city. (4) Gross receipts shall not include dividends or other distributions received by a corporation, or proceeds from borrowing, the sale of a capital asset, the repayment of the principal portion of a loan, the issuance of stock or other equity investments, or capital contributions, or the undistributed earnings of subsidiary entities. Health Department shall mean the County Health Department. Such terms shall be construed to include the Elmore County Health Department or the Autauga County Health Department depending on which county the vendor is doing business, and any officer or agent of the department authorized to act for and on behalf of the department with respect to the enforcement and administration of this code and other city ordinances. License form means any business license application form, renewal reminder notice, business license remittance form, or business license return by whatever name called. License year means the calendar year. Mobile food vehicle means a self-contained vehicle or trailer that serves prepared foods or prepares and serves foods in various locations of the City. Ice cream peddlers are not included in this definition; however, they must obtain the applicable city business license. Municipality means any town or city in this state that levies a business license tax from time to time. The term shall also include the town's or city's police jurisdiction, where the business license tax is levied in the police jurisdiction. Person means any individual, association, estate, trust, partnership, limited liability company, corporation, or other entity of any kind, except for any nonprofit corporation formed under the laws of the state which is operated to enable municipalities that become members of such nonprofit corporation to finance or refinance capital projects and related undertakings, on a cooperative basis, and whose board of directors or other governing body consists primarily of elected officials of the municipality. “Prattville City Council”, “Council”, “City Council”. The words “Council” or “City Council” shall mean the Council of the City of Prattville. Pushcart means a non-self-propelled mobile food unit that is lightweight enough, designed, and intended to be moved by one person. Retailer means a person who sells to the consumer or any other person for any purpose other than for resale in the form of tangible personal property. A person selling both at wholesale and retail shall keep such person's books so as to show separately the gross proceeds of wholesale sales and the gross proceeds of retail sales. The books, invoices, records, and accounts provided for in this section shall at all times be open to examination by the state department of revenue, by the finance director, revenue officer, and by any other person designated by the city. Revenue officer means the employee charged by the city with the primary responsibility of administering this business license tax article and related matters thereto. Taxing jurisdiction means the city, or the department of revenue acting as agent on behalf of the city pursuant to §11-51-180, Code of Alabama, 1975, as amended, as the context requires. Taxpayer means: (1) Any person subject to or liable under this article for any business license tax; (2) Any person required to file a return with respect to, or pay or remit the business license tax levied under this article or to report any information or value to the taxing jurisdiction; (3) Any person required to obtain, or who holds any interest in, any business license issued by the taxing jurisdiction; (4) Any person who may be affected by any act or refusal to act by the taxing jurisdiction under this article; or (5) Any person required to keep any records required by this article. USC means the applicable title and section of the United States Code, as amended from time to time. Wholesale sale means a sale by a wholesaler to a licensed retail merchant, jobber, dealer, or other wholesaler for resale. Included in this category are sales to schools, hospitals, nursing homes, counties, municipalities, the state, and contractors for use in their businesses. Other terms. Other capitalized or specialized terms used in this article, and not defined above, shall have the same meanings ascribed to them in §40-2A-3, Code of Alabama, 1975, as amended, unless the context therein otherwise specifies. Restaurant means a brick and mortar establishment where meals, food, and/or drink are generally prepared and served to customers for consumption either on or off premises in return for money, either paid before or after the meal. B. Section 38-304 (a) Add the following sentence: The foregoing does not apply to any business holding a mobile food vendor license. C. Section 38-321. License Classifications. Insert Code 7225399 “Mobile Food Vendor” between 7225398 “Ice Cream Peddler” and 7225812 “Restaurants” in the table of License Classification Codes and a fee schedule of “A”. D. Add the following Sections: Sec. 38-335. Mobile Food Vendors. The general purpose of this Section is to promote the health, safety, comfort, convenience, prosperity, and general welfare of the citizens of Prattville by establishing reasonable guidelines and regulations for mobile food vehicles, to regulate where they may be located for the protection of other businesses, and to provide for the safe and convenient use of the city’s public rights-of-way. Sec. 38-336. Pushcarts. Pushcarts are not allowed under this article, unless authorized as part of a special event or otherwise by the Finance Director and Planning Director. Sec. 38-337. Zoning Requirement. Mobile food vendors will not be permitted to operate within any residential zones of the city unless they are temporarily operated for specific events and have prior written approval from the city’s Finance Department and Planning Department. Sec. 38-338. Business License Types and Cost. (a) All mobile food vendors must obtain a business license to operate anywhere in the city limits of Prattville, Alabama. (b) The city Finance Department may waive the cost of a business license when it is deemed to be in the best interest of the city to do so; such as large public gatherings, parades, festivals and the like. The applicant shall apply for any such waiver on the special events application form. Sec. 38-339. Approval Process. (a) Any person or company desiring a license to operate as a mobile food vendor within the City of Prattville: (1) Must make application on forms provided by the Finance Department. (2) Must adhere to all restrictions in this article. (3) Must comply with International Fire Code as it relates to the regulation of mobile food preparation vehicles and have each unit inspected and approved by the City Fire Marshal. (4) Any power source must comply with all applicable electrical code standards. (5) Must obtain a valid health certificate from the county health department for any unit from which they shall be conducting business. (6) Must have a valid copy of executed notarized lease(s) or letter(s) of consent from property owner(s) for each private site. (7) In addition to the requirements noted above, the applicant for a mobile food vendor license must provide: a. The name, home and business address of the applicant. b. A description of the food and/or beverage to be sold. c. A description and photograph or drawing of the food truck for which a license is sought. d. A copy of the applicable insurance policy or binder. e. Such information as the applicant may choose or as may be requested by the city. Sec. 38-340. Restrictions. Persons conducting business from a mobile food vehicle shall operate under the following terms: (1) No vendor shall operate on more than two (2) individual sites per day. (2) No vendor shall operate within a city right-of-way, easement or any city property unless they have obtained the approval of the. City department in primary control of such property, and in such other areas as may be permitted by the City’s zoning ordinance. (3) Vending may not obstruct the use of any street intersection or pedestrian crosswalk or walkway. (4) Vending shall not impede the ingress or egress of any driveway. (5) Vending shall not obstruct public pedestrian space. (6) Mobile food vendors may not operate within twenty-five (25) feet of any fire hydrant, utility boxes, handicap ramps or building entrances. (7) Mobile food vendors shall not store, park or leave any mobile food vehicle overnight on any city right-of way, easement or city property. (8) One “sandwich board” style or similar portable, temporary sign that does not impede pedestrians or traffic, and does not exceed ten square feet, nor is taller than four feet, may be placed within 15 feet of the mobile food vendor. (9) Normal hours of operation are from 6:00 a.m. to 11:00 p.m. unless otherwise approved by the Finance Director and Planning Director. (10) All vendors are subject to the regulations and other requirements established by the Health Department. (11) Mobile food vendors shall be allotted thirty (30) minutes set-up and thirty (30) minutes breakdown before and after the stated operating hours in which no food sales may take place. (12) No mobile food vehicle shall operate within 150 feet from the entrance of an operational restaurant, unless a letter of consent is provided by the restaurant. (13) No mobile food vehicle shall operate within five hundred (500) feet of any fair, stadium, carnival, circus, festival, special event, civic event, entertainment district or other like sponsored event that is licensed or authorized by the city, unless they are authorized by the sponsor to be participants in such event. (14) No mobile food vendor shall use or maintain any outside sound amplifying equipment, lights, or noisemakers, such as bells, horns or whistles or similar devices to attract customers. They may use lights with appropriate protective shields for the purpose of illuminating merchandise, so long as it is not a distraction to passing motorists. The decision of such distractions shall be determined by the Prattville Police Chief or shift supervisor. (15) No mobile food vendor operating within the city shall cause congestion that impedes pedestrian or vehicular traffic or interferes with the city or public’s use of any public rights-of-way. This shall include but is not limited to activity of customer queues, accessory units or signage that in any way invades or impairs access to adjacent parking, pedestrian or vehicular traffic. (16) No mobile food vendor shall make or solicit any sales to occupants of vehicles or engage in any activities which impede vehicular traffic. (17) Any mobile food vehicle shall be self-contained including any electrical, gas, water and disposal needs. However, electrical power may be supplied by use of approved power/extension cords with the permission of the electrical provider. Electrical connections must comply with applicable city codes. No power cable or equipment shall be extended at grade or overhead across any public street, alley or sidewalk. (18) No tables, chairs, tents, canopies, or vending machines shall be located around the unit, unless approved by the Finance Director and Planning Director. (19) The owner or operator shall dispose of all grease in accordance with health department requirements and city requirements. (20) Mobile food vendors shall be responsible for providing and maintaining their own trash receptacles. The licensee shall contain all refuse, trash and litter within the mobile food unit; or, via a moveable receptacle maintained by the licensee that is placed adjacent to the mobile vehicle in such a manner as not to block or otherwise obstruct pedestrian or vehicular traffic. The licensee shall be responsible for properly disposing of such refuse, trash and litter as would any business, and shall not place it in any public trash container, or in any private container without proper permission. The area around the unit shall be kept clean and free of litter, garbage and debris. (21) The mobile food vendor shall comply with all applicable laws including but not limited to the Americans with Disabilities Act. (22) Mobile food vending in the city rights-of-way (when approved by the Finance Department and Planning Department) shall only occur from the side of a food vehicle that is abutting and parallel to the curb and in an approved parking area. (23) No mobile food vendors shall have a drive-through service. (24) The sale of alcoholic beverages or tobacco products from a mobile food vendor is prohibited. (25) The sale of merchandise from a mobile food vendor is prohibited. (26) Any mobile food vehicle operating without a valid business license may be ticketed and impounded as prescribed and authorized in Section 38-341 of this Code. (27) A mobile food vehicle operating at any unauthorized location or beyond the hours for which the operation has been permitted shall be considered a public safety hazard and may be ticketed and impounded as prescribed and authorized in Section 38-341 of the Code. (28) A mobile food vehicle’s business license shall not be assignable, in whole or in part, in any manner. Sec. 38-341. Exemption for Ice Cream Peddlers. (a) Ice cream vendor owners/operators are exempt from mobile food vehicle licensing; however, such businesses must obtain a city business license as an ice cream peddler. (b) Except as herein provided, it shall be unlawful for any ice cream peddlers, while engaged in the business of selling, to stop or stand or permit or suffer any vehicle to do so upon any street of the city except during the actual sale of its ice cream product. In no event shall an ice cream vendor be or remain upon any street longer than is reasonable to conduct a sale; such time not to exceed thirty (30) minutes. Sec. 38-342. Enforcement and Fines. (a) Enforcement. The provisions of Sections 38-335 to 38-339 inclusive, or any rules and regulations applicable to mobile food vehicles shall be enforced jointly and severally by the Prattville Police Department, the Fire Marshal, the Finance Director, the Revenue Officer or the Code Enforcement division. (b) Fine for Violation. Any mobile food vendor in violation of any provision of Sections 38-335 to 38- 339 shall be subject to a fine of up to five hundred ($500.00) dollars per violation. Each violation shall constitute a separate and distinct offense. Each day shall be considered a separate offense. (c) A license holder found in violation of the provisions of Sections 38-335 to 38-339, inclusive, may be ticketed for the violation and the mobile food vehicle may be impounded. (d) All mobile food vehicle vendor licenses are subject to the provisions set out in Article V, Chapter 38, Sections 38-317 to 38-318 inclusive, for denial, suspension, revocation and appeal. SECTION 2. All other sections or provisions of the Code of Ordinances of the City of Prattville, Alabama not specifically herein remain in full force and effect. SECTION 3. Should any section or provision of the Ordinance or the Code of Ordinances of the City of Prattville, Alabama be held invalid, such holding shall not affect the validity of any section or provision thereof which are not themselves invalid. SECTION 4. This Ordinance shall become effective upon its adoption and publication as required by law.