ARTICLE V.
MOBILE FOOD VENDORS1
Sec. 8-81 Purpose.
This article is adopted to protect the health, safety and welfare of the community of the city by enacting reasonable regulation for mobile food vendors, their employees, agents, lessees, or independent contractors and by requiring compliance with minimum standards for safety and security.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-82 Definitions.
The below words and phrases, wherever used in this article, shall be construed as defined in this section unless, clearly from the context, a different meaning is intended. Words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
“Applicant” means the person who applies for a license pursuant to this article.
“Controlling person” means a natural person who either (a) has a ten (10) percent or greater interest in the ownership or earnings of the business, or (b) is any of the following:
(1) An officer, director, or any stockholder who owns ten (10) percent or more of a corporation licensee/applicant;
(2) A general partner of a limited partnership licensee/applicant or partner of a nonlimited partnership licensee/applicant;
(3) An officer, president, or secretary of a limited liability company/corporation licensee/applicant; or
(4) The sole proprietor of a sole proprietorship licensee/applicant.
“Designated agent” means the person designated by the licensee/applicant to receive notices from the city pursuant to this article.
“Legal parking space” means an area designated for vehicle parking in the city right-of-way that may be paved or unpaved and may be delineated by road surface markings. This does not include a parking space in a parking lot on property owned by the city.
“Licensee” means the person who applied for a license pursuant to this article and in whose name such license was issued by the city pursuant to this article.
“Mobile food unit” means a food establishment that is licensed by this state, that is readily movable and that dispenses food or beverages for immediate service and consumption and other incidental retail items from any vehicle as defined in A.R.S. 28-101.
“Mobile food vendor” means any person who owns, controls, manages or leases a mobile food unit or contracts with a person to prepare foods and vend from, drive or operate a mobile food unit.
“Person” means an individual, partnership, corporation, association or any other entity of whatever kind or nature.
“Right-of-way” means an area of land owned by the city and is used for street or highway purposes.
“Semi-permanent structure” means equipment, or any dining area, including, but not limited to, tables, chairs, booths, bar stools, benches, and standup counters.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-83 Compliance with state licensing requirements.
It shall be unlawful for any person to operate a mobile food unit or act as a mobile food vendor without having first obtained a valid license from the State of Arizona Department of Health Services pursuant to A.R.S. 36-1761.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-84 Licensing requirements.
(a) It shall be unlawful for a person to operate a mobile food unit at any location within the city without obtaining a license from the city in accordance with this article and any other licenses required for the lawful operation of business.
(b) A license issued or renewed pursuant to this article shall be in effect and valid for one (1) year, or any portion of a year, from the date of application and the license shall renew each year thereafter on January 1, unless earlier canceled pursuant to this article. The license is nontransferable.
(c) Application requirements – Procedure. Any person desiring to obtain a new or renewal license must apply to the city by presenting a complete application and the applicable fee to the financial services director or designee. The application shall include, but not be limited to, the following information:
(1) The names, addresses, and contact information for the applicant, including all controlling persons and designated agents;
(2) A general description of the goods to be sold by the mobile food vendor;
(3) A description, license plate number and photograph of the mobile food unit;
(4) A valid driver’s license; and
(5) Copies of required certificate(s) from the health services department in Mohave County.
(d) Following receipt of the required documents and fees, all applications shall be submitted to the city police department for investigation and criminal record review on behalf of the financial services director or designee. The police department shall receive and review the criminal history record information resulting from the criminal records check, including conviction and nonconviction data, of license applicants and controlling persons for the purpose of evaluating the fitness of licensees and controlling persons in connection with the issuance, renewal, suspension or revocation of a license. The police department evaluation and the criminal information obtained shall be used only for the purpose of supporting and defending a denial, nonrenewal, suspension, or revocation of a license.
(e) Complete renewal applications shall be submitted to the financial services director or designee no later than thirty (30) days prior to the expiration of a license; otherwise the license shall be deemed expired and nonrenewable. If the renewal application is not received as stated above, the licensee shall submit an application for a new license and provide all information and fees required for a new license application.
(f) A new or renewal license shall be issued to an applicant pursuant to this article unless:
(1) The applicant fails to provide a completed application or the required application fee;
(2) The applicant fails to pay the applicable license fee for a new or renewal license when the application is approved;
(3) The applicant or a controlling person is currently in violation of this article, or other city rules, regulations, or codes;
(4) The application contains false or misleading information;
(5) The applicant has a current debt related to any open or closed account maintained or formerly maintained with the city;
(6) The applicant or controlling person failed to comply with any federal and state laws, regulations promulgated by the Arizona Department of Health Services or Mohave County, or the city code; or
(7) The applicant or controlling person, within the five (5) year period immediately preceding the submission of the application, was convicted of any of the following:
a. Felony involving trafficking in stolen property, fraud, forgery, theft, burglary, robbery, extortion, conspiracy to defraud, or any preparatory offenses of the aforementioned crimes;
b. Felony involving a fraudulent or dishonest act;
c. Felony involving the sale, manufacture or transportation of any dangerous drug as defined under A.R.S. 13-3401, a “violent crime” under A.R.S. Title 13, Chapters 11, 12, 13, or a “sexual offense” under A.R.S. Title 13, Chapter 14, or for conduct in another jurisdiction which if carried out in Arizona would constitute an offense under one (1) of the statutory provisions enumerated in this subsection; or
d. Misdemeanor involving moral turpitude.
(g) Time frames for issuance of licenses.
(1) Administrative time frame. Unless the license has already been issued, within fifteen (15) days after receiving a license application under this article, the city shall determine whether the application is administratively complete, and notify the applicant as set forth in this article.
(2) Substantive time frame. Within forty-five (45) days after the city notifies the applicant that the application is administratively complete, the city will complete its substantive review of the license application.
(3) Overall time frame. Within ninety (90) days after receiving an application under this article, the city will grant or deny a license.
(4) An application is deemed withdrawn if, within thirty (30) days after the date of a request for additional information during the substantive time frame, the applicant does not supply the requested information or provide justification for delay. On receipt of justification, the city shall allow the applicant thirty (30) additional days to provide the requested information before deeming the application withdrawn.
(5) Except as otherwise provided, the time frames in this section shall be extended and suspended as provided by state law.
(Ord. No. 1909, § 2, 8-18-20; Ord. No. 1911, § 1, 10-6-20)
Sec. 8-85 Operational requirements.
(a) It is unlawful for any person to operate a food truck that does not meet the requirements in this section.
(b) Fire safety and inspection. A mobile food vendor must ensure that all mobile food units comply with the version of the International Fire Code in effect at the time when the license is issued, state law, and the city code relating to fire and explosion safety standards.
(c) A mobile food unit(s) shall be inspected by the city’s fire department, or the mobile food vendor shall provide evidence that the mobile food unit passed a fire inspection by another city or town fire department in this state within the preceding twelve (12) months.
(d) Refuse, trash and litter maintenance. A mobile food unit shall:
(1) Provide a minimum of one (1) fifteen (15) gallon trash receptacle within fifteen (15) feet of each individual mobile food unit for customers and employees;
(2) Maintain an area around the mobile unit clear of litter, garbage, rubble and debris; and
(3) Transport the trash from the area of operation to an authorized waste disposal location.
(e) Noise restrictions.
(1) A mobile food vendor shall not use, play, or caused to be used or played any amplifier, loudspeaker, microphone, amplified music, or any other amplified instrument or device used for the production of sound in a vending area when the motor vehicle or mobile food unit from which the mobile food vendor is vending is stationary or mobile upon any right-of-way, park or other public place. For the purposes of this subsection, the factors for determining whether a sound is amplified include, but are not limited to, the following:
a. The proximity of the sound to sleeping facilities, whether residential or commercial;
b. The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;
c. The time of day or night when the sound occurs; it shall be presumed that any amplified noise between 10:00 p.m. and 6:00 a.m. is reasonably disturbing;
d. The duration of the sound; and
e. Whether the sound is recurrent, intermittent, or constant.
(f) Security.
(1) The mobile food unit and the surrounding vending area shall be maintained in a safe and clean manner at all times.
(2) A mobile food unit shall have adequate lighting to ensure customer safety in the vending area. Lighting shall be directed downwards and away from rights-of-way and adjacent properties.
(3) The mobile food unit and its customers shall not obstruct the movement of pedestrians or other vehicles using the sidewalk, street, alley, or other public right-of-way.
(g) Insurance.
(1) If the mobile food unit operates an event sponsored by the city or operates on public property, including rights-of-way or property owned by the city, the mobile food vendor shall obtain insurance naming the city as an additional insured in amounts as required by the city and in accordance with the requirements of A.R.S. Title 9, Chapter 4, Article 7.2.
(2) The insurance company issuing the policy shall be authorized to issue commercial liability policies in Arizona by the Arizona Department of Insurance.
(3) The policy shall designate by manufacturer’s serial or identification number all mobile food units for which coverage is granted.
(4) The policy shall insure the person named in the policy and any other person using the mobile food vendor with the express or implied permission of the named insured against any liability arising out of the ownership, maintenance or use of the mobile food unit in Arizona.
(h) Location. A mobile food vendor shall operate a mobile food unit only in accordance with the city and subject to the following limitations and conditions:
(1) Residential zoning districts. A mobile food vendor shall not operate in an area zoned for residential use or within two hundred fifty (250) feet of an area zoned for residential use, except:
a. A mobile food vendor selling only ice cream may operate on public rights-of-way in areas zoned for residential use; or
b. A special event.
(2) Commercial, industrial and recreational open space zoning districts. A mobile food vendor shall only operate in public rights-of-way and on a developed private property with a current business license issued by the City of Kingman.
(3) City-owned property. A mobile food vendor shall only operate in a legal parking space. If the mobile food vendor desires to operate on city property other than a legal parking space in a right-of-way, the mobile food vendor shall obtain from the city:
a. A separate licensing for use, services contract, or similar agreement, which will be entered into at the city’s sole discretion and applicable law; or
b. A special event permit or similar permission in accordance with the city code.
(4) Private property. A mobile food vendor shall obtain written permission to use any private property where a mobile food unit is operating and shall provide proof of such written permission on demand by the city.
Notwithstanding the permission of a person owning or having lawful control of private real property, a mobile food unit shall not remain in one (1) location on private property for longer than ninety-six (96) consecutive hours, unless the city grants permission for a permitted event greater than four (4) days. “One (1) location” within this subsection means a location within a parcel of land and includes movements from different parked positions within the same parcel.
(5) Airports/public transit. Mobile food vendors shall not operate at any city airport or public transit facility unless the mobile food vendor has entered into a separate licensing for use agreement or similar services agreement with the city, which the city will enter in its sole discretion and applicable law.
(i) Parking. A mobile food unit shall comply with this subsection and applicable law as it pertains to parking, unless parking is governed by a separate subsection in this article.
(1) A mobile food unit shall only operate in a legal parking space.
(2) A mobile food unit, including any semi-permanent structure used or associated with the mobile food unit, may use no more than one (1) legal parking space, unless the mobile food vendor has a separate agreement with the city to use additional legal parking spaces or parking spaces on city property other than right-of-way.
(3) No mobile food unit exceeding twenty-four (24) feet may park diagonally in a diagonal parking space or park in any manner that occupies more than one (1) diagonal parking space.
(4) No mobile food unit shall operate with the serving window facing street traffic.
(5) A mobile food unit shall abide by all parking regulations, including posted time limits. If there are no other time restrictions on the use of a legal parking space, a mobile food unit shall not occupy a legal parking space for more than six (6) hours in a twenty-four (24) hour period. “Occupy” within this subsection means within one hundred (100) feet of the place in which the mobile food unit was initially parked.
(6) A mobile food unit shall not occupy a legal parking space with insufficient parking capacity as prescribed by city zoning code and applicable law, and includes occupying a legal parking space that reduces the number of available parking spaces surrounding the area which is required for the principal use or uses of the property associated with the parking spaces as set forth in A.R.S. Title 9, Chapter 4, Article 7.2.
(7) A mobile food vendor shall not claim or attempt to establish any exclusive right to park at a particular street location, unless the parking space is part of a permitted event.
(j) Signs. A mobile food vendor shall comply with the city sign code within the zoning code.
(Ord. No. 1909, § 2, 8-18-20; Ord. No. 1911, § 1, 10-6-20)
Sec. 8-86 Fees.
The fee for the license shall be established by resolution of the city council fee schedule.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-87 Violations—Suspensions—Revocations.
(a) It is a violation of this article for any person to provide false information on any license application.
(b) It is a violation of this article for a person to operate a mobile food unit that fails to meet all of the requirements in this article.
(c) It is a violation of this article for a mobile food vendor to fail to display the license or other required documents, including proof of insurance or fire inspection, to a peace officer or city inspector on demand.
(d) The city shall give written notice of a violation to the licensee or designated agent that may result in the suspension or revocation of the license. The notice shall include a description of the violation, the statutory or code reference, how the licensee can comply with the requirements, a description of the process whereby a hearing may be requested, the time limit for requesting a hearing, and a warning that failure to timely request a hearing may result in suspension or revocation of the license. The notice shall be served on the licensee or designated agent by either personal service or registered/certified mail. Service of the notice shall be deemed complete upon mailing to, or personal service on, the licensee or designated agent.
(e) The licensee or designated agent receiving a notice under this section may request a hearing pursuant to section 8-15. If the licensee fails to comply with the requirements of this article by the date provided in the notice, the city may suspend or revoke the license as provided in this section.
(f) In addition to any penalties set forth in this article, a licensee shall be suspended if, during the term of the license, the licensee or a controlling person has violated any of the provisions of this article. During the suspension period, the licensee shall not operate any mobile food unit associated with the suspended license. If a fine is associated with the violation that is the basis for suspension, the suspension may continue beyond the period set forth in this subsection until such time as the licensee pays the fine. The penalty for a suspension of a license shall be:
(1) For the first suspension of a license during a twenty-four (24) month period, the license shall be suspended up to fourteen (14) days and a fine of one hundred dollars ($100.00) will be imposed.
(2) For the second suspension of a license during a twenty-four (24) month period, the license shall be suspended a minimum of fifteen (15) days up to a maximum of thirty (30) days and a fine of two hundred fifty dollars ($250.00) shall be imposed.
(3) For the third suspension of a license during a twenty-four (24) month period, the license shall be revoked.
(g) In addition to a revocation for a third suspension as set forth above, the city may revoke a license issued pursuant to this article if the city determines that:
(1) A mobile food unit associated with the suspended license was operated in the city during the suspension period;
(2) A licensee or designated agent or controlling person, following the issuance of a license, is convicted of any offense listed in section 8-84(f)(7);
(3) The licensee or designated agent operated or attempted to operate a mobile food unit without a license;
(4) The city previously issued three (3) or more notices of suspension or violation within a six (6) month period;
(5) The licensee or controlling person has not complied with a provision of this article or has failed to provide information as required by this article;
(6) The application fee, license fee, or any transaction privilege tax has not been paid; or
(7) The licensee fails to pay outstanding fines or resolve any violations.
(h) If a license is revoked pursuant to this section, the licensee and its controlling person(s) may not apply for a license under this article for a period of one (1) year from the date of revocation.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-88 Fines—Penalties.
(a) Each day any violation of any provision of this article shall continue shall constitute a separate offense.
(b) Criminal penalty. Among other penalties that may apply, including revocation or suspension of a license (when applicable), any person who violates any provision of this article, whether or not the act is specifically stated as being unlawful, shall be guilty of a Class 1 misdemeanor and upon conviction shall be punished as provided in section 1-8.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-89 Appeals.
Any appeal of a denial or suspension of a license shall be done in accordance with section 8-15.
(Ord. No. 1909, § 2, 8-18-20)
Secs. 8-90—8-149. Reserved.
Editor’s note: Ord. No. 1902, § 2, adopted Aug. 18, 2020, amended Art. V to read as set out herein. Formerly, the article was entitled “Fee Schedules,” and consisted of § 8-141, deriving from Ord. No. 408, § 5, 1-12-81; Ord. No. 431, 9-14-81; and Ord. No. 509, 9-12-83.