Chapter 8.11
MOBILE FOOD SERVICE
Sections:
8.11.040 Permit – Application – Fees.
8.11.010 Intent.
The intent of this chapter is to safeguard and protect the general health and safety of the public within the City of Homer, while allowing and regulating mobile food service operations which may be beneficial to the City and its residents. [Ord. 22-15(S)(A) § 1, 2022; Ord. 13-17(S) § 17, 2013; Ord. 83-10(S) § 1, 1983].
8.11.020 Definition.
For the purpose of this chapter, “mobile food service” means a self-contained food service establishment that is designed to be readily moveable from location to location, without being permanently affixed to any site or permanently connected to any water or sewer utility service. [Ord. 22-15(S)(A) § 1, 2022; Ord. 84-36 § 4, 1984].
8.11.030 Permit – Required.
No person may operate a mobile food service as defined in this chapter within the City without first obtaining a mobile food service permit from the City Manager or designee.
a. Exemptions. The permitting requirements of this chapter do not extend to the following instances:
1. Isolated or casual sales of personal goods, wares, vehicles, animals, etc., or to the sale of similar items at such functions as garage sales, flea markets, and bazaars;
2. Mobile food vendors participating in a special event permitted under Chapter 5.46 HCC or activities conducted at conferences that cater to a specialized audience;
3. A commercial fisherman who has a valid commercial fishing license issued by the State of Alaska and who has completed and filed with Alaska Department of Fish and Game the forms required to qualify as a “catcher-seller.” [Ord. 22-15(S)(A) § 1, 2022; Ord. 01-20 § 2, 2001; Ord. 92-21, 1992; Ord. 83-10(S) § 1, 1983].
8.11.035 General standards.
The following general standards shall apply as requirements for the operation of mobile food service in the City of Homer. The owner/operator of the mobile food service shall:
a. Be registered to collect sales tax with the Kenai Peninsula Borough and be current on all sales tax remittances;
b. Have obtained permission from the property owner where operating;
c. Be located in a zone district in which mobile food service is a permitted use, or in any specific location authorized as part of an approved special event permitted under Chapter 5.46 HCC;
d. Not create hazardous traffic patterns for vehicles or pedestrians;
e. Not diminish the ability of others to conduct business, through excessive noise, odor, or other occurrence;
f. Provide for the collection and removal of all waste from the site at the end of each day of operation;
g. Be in accordance with the regulations found in the City’s Sign Code, Chapter 21.60 HCC;
h. Post in a conspicuous place, able to be observed by the general public, their State of Alaska Business License, permit issued from the Alaska Division of Environmental Health (for mobile food services involved in the preparation of foods or beverages) and the mobile food service permit issued by the City of Homer (if applicable);
i. Ensure that, with the exception of generators, all operations, merchandise and services provided by and related to the mobile food service be contained in or attached to the unit;
j. If authorized to operate in a right-of-way or on City property, hold a certificate of insurance indicating that the owner/operator’s operation of a mobile food service is covered by liability insurance that meets or exceeds the following:
|
Personal Injury (each occurrence) |
$100,000 |
|
Aggregate Products (each occurrence) |
$100,000 |
|
Property Damage (each occurrence) |
$50,000 |
[Ord. 22-15(S)(A) § 1, 2022].
8.11.040 Permit – Application – Fees.
Unless waived by the City Manager as part of a permitted special event under Chapter 5.46 HCC, a valid permit is required prior to operating a mobile food service in the City. An application for a mobile food service permit shall be submitted to, and approved by, the City of Homer and shall contain the following:
a. Completed application form, as provided by the City of Homer;
b. Permit fee as set out in the City of Homer Fee Schedule;
c. If operating in a right-of-way or on City property, proof of insurance. [Ord. 22-15(S)(A) § 1, 2022; Ord. 01-20 § 2, 2001; Ord. 92-21, 1992; Ord. 83-10(S) § 1, 1983].
8.11.050 Permit terms.
The mobile food service permit shall expire at the end of the calendar year of issuance.
The City Manager, or designee, may revoke a mobile food service permit if it is determined that the conduct of the operation(s) is not in compliance with either the terms and conditions of the permit, or the provisions of the Municipal Code. The permit may be revoked immediately, including during the operation of the mobile food service. [Ord. 22-15(S)(A) § 1, 2022; Ord. 21-51 § 3, 2021; Ord. 10-51(A), 2011; Ord. 01-20 § 2, 2001; Ord. 83-10(S) § 1, 1983].
8.11.060 Applicability and incorporation by reference of sections of Chapter 8.08 HCC.
Repealed by Ord. 22-15(S)(A). [Ord. 83-10(S) § 1, 1983].
8.11.070 Conduct of business.
Repealed by Ord. 22-15(S)(A). [Ord. 01-20 § 2, 2001; Ord. 90-19(A) § 2, 1990; Ord. 84-36 §§ 5, 6, 1984; Ord. 84-12 §§ 2, 3, 1984; Ord. 83-10(S) § 1, 1983].
8.11.080 Violation – Penalty.
The following actions are unlawful and considered a minor offense as defined in HCC 1.16.040:
a. Operating a mobile food service without obtaining a valid City mobile food service permit or special event waiver under Chapter 5.46 HCC;
b. Operating a mobile food service in violation of any of the general standards set forth in HCC 8.11.035;
c. Selling or attempting to sell food and/or beverage, merchandise or other services on foot or from a motor vehicle, trailer, tent or other temporary facility that does not qualify as a mobile food service and is not exempted in HCC 8.11.030.
The owner, agent, or contractor of a mobile food service where a violation has been committed or exists may be fined as provided in HCC 1.16.040. Each and every day that the violation continues shall be deemed a separate and distinct violation. All remedies and penalties provided for in this chapter shall be cumulative and not exclusive. [Ord. 22-15(S)(A) § 1, 2022; Ord. 18-11 § 8, 2018].
8.11.085 Appeal of decision.
Judicial review by the superior court of a final decision on a mobile food service permit issued by the City may be had by filing a notice of appeal in accordance with the applicable rules of court governing appeals in civil matters. The notice of appeal shall be filed within 30 days of notice of the final decision on the permit. Appeals of mobile food service permits are heard solely on the administrative record which shall be prepared by the City. A copy shall be filed in the superior court within 30 days after the appellant pays the estimated cost of preparing the complete or designated record or files a corporate surety bond equal to the estimated cost. [Ord. 22-15(S)(A) § 1, 2022].