Chapter 5.49
MOBILE RETAIL FOOD ESTABLISHMENT AND PUSHCART REGULATIONS
Sections:
5.49.030 Operational requirements for mobile retail food establishments and pushcarts.
5.49.070 Requirements for issuance.
5.49.110 Appeal of disapproval and revocation.
5.49.010 General purpose.
The general purpose of the ordinance codified in this chapter is to regulate the location and operation of mobile retail food establishments and pushcarts on private property within the city of Glendale by requiring an application and permit to conduct such activity. (Ord. 2006-7 § 1 (part))
5.49.020 Applicability.
This chapter shall regulate any business that operates on private property within the city of Glendale and is defined as a “mobile retail food establishment or pushcart” by the Colorado Retail Food Establishment Rules and Regulations. (Ord. 2006-7 § 1 (part))
5.49.030 Operational requirements for mobile retail food establishments and pushcarts.
A. Mobile retail food establishments shall not operate and/or remain on the same lot for more than three (3) hours in any one twenty-four (24) hour period. Pushcarts shall not operate and/or remain, unless placed inside a structure for storage, more than nine (9) hours in any one twenty-four (24) hour period. The hours of operation shall not deviate from those listed by the application for permit without prior written approval by the City Clerk. A “lot” is defined in Title 17 of this code.
B. Mobile retail food establishments and/or pushcarts shall not operate within seventy-five (75) feet of any eating place lawfully existing at the time the permit or renewal permit is issued.
C. Only one mobile retail food establishment or pushcart may operate on any lot in any one twenty-four (24) hour period.
D. Operations shall not obstruct the visibility of motorists, nor obstruct parking lot circulation or block access to a public street or sidewalk.
E. Structures, canopies, and outdoor tables and chairs are prohibited.
F. Signs must be permanently affixed to or painted on the mobile retail food establishment or pushcart.
G. Operators shall be responsible for the storage and daily disposal of all trash, refuse, and litter.
H. Operators shall not cause any liquid wastes used in the operation to be discharged.
I. Operations are prohibited on undeveloped lots, lots with unoccupied structures, and unpaved surfaces.
J. Operators shall have written permission by the owner and lessee of the lot on which the operation is being conducted.
K. Operators shall comply with all applicable provisions of the fire codes, building codes, state statutes and regulations, and all other applicable ordinances of the city of Glendale.
L. During all times of operation the permittee shall display the permit required in this chapter in conspicuous place on the mobile retail food establishment or pushcart. (Ord. 2006-7 § 1 (part))
5.49.050 Permit—Required.
It is unlawful for any person to operate a mobile retail food establishment and/or pushcart on private property without obtaining a permit as provided in this chapter. Upon conviction of a violation of this section, there shall be imposed a penalty as specified in Section 1.16.010 of this code. (Ord. 2006-7 § 1 (part))
5.49.060 Permit—Application.
Applicants for a permit shall file an application with the City Clerk on forms to be provided for that purpose. The application shall be accompanied by a nonrefundable application fee of one hundred dollars ($100.00) for mobile retail food establishments or thirty dollars ($30.00) for pushcarts; renewal applications shall be twenty dollars ($20.00) for both mobile retail food establishments and pushcarts. The applications and reapplications shall include the following information:
A. Name and address of the applicant;
B. Description of type of food and beverages to be sold;
C. A description and photograph or drawing of the mobile unit or pushcart to be used;
D. A site plan showing the location for which application for a permit is made in compliance with this chapter;
E. Written consent from the lot owner and, if applicable, the lessee in control of the lot area to be used, authorizing the lot to be used for the operation of a mobile retail food establishment or pushcart as being applied for in the application;
F. A site plan accurately indicating the location of any structures, location of the proposed use, trash storage areas, location of adjacent streets and sidewalks, ingress and egress locations, and distance from any other permanent food establishments;
G. Copy of a valid retail food establishment license as required by Colorado Retail Food Establishment Rules and Regulations;
H. Copy of a city of Glendale sales tax license, and business license; and
I. A listing of the hours of operation. (Ord. 2006-7 § 1 (part))
5.49.070 Requirements for issuance.
Upon the applicant submitting a complete application, a permit may be issued under this chapter, subject to verification of compliance of the application with the requirements of this chapter by the Zoning Administrator and City Clerk. A permit shall be issued for a period of one (1) year. If the Zoning Administrator and City Clerk cannot verify compliance of the application with the requirements of this chapter, the application shall be disapproved in writing. The written statement shall state the reasons for disapproval, and no permit shall be issued. (Ord. 2006-7 § 1 (part))
5.49.080 Renewal.
A permit holder may apply for renewal within thirty (30) days prior to its expiration. (Ord. 2006-7 § 1 (part))
5.49.090 Revocation.
A permit may be revoked in writing, stating the reasons for revocation, for the following reasons:
A. Violation of the provisions of this chapter as reasonably determined by the City Clerk or the Zoning Administrator;
B. Failure to begin operation within thirty (30) days of issuance of the permit or if operation ceases for a period of thirty (30) consecutive days, unless an extension has been approved in writing by the City Clerk; or
C. Interruption, revocation, or nonrenewal of any of the required licenses or consent provided in the application. (Ord. 2006-7 § 1 (part))
5.49.100 Violations.
It shall be unlawful to violate any provision of this chapter or not to operate as represented in the application for permit. Upon conviction of a violation of this section, there shall be imposed a penalty as specified in Section 1.16.010 of this code. (Ord. 2006-7 § 1 (part))
5.49.110 Appeal of disapproval and revocation.
Within ten (10) calendar days from the date of either disapproval or revocation, the applicant or permittee may file with the City Clerk a written notice of appeal to the City Manager stating with particularity the basis that such disapproval or revocation should be overturned. Within ten (10) days of receiving such appeal, the City Manager shall issue a written decision on the appeal. (Ord. 2006-7 § 1 (part))