Chapter 5.35
FOOD TRUCK AND MOBILE BUSINESS REGULATIONS
Sections:
5.35.040 Mobile business events.
5.35.060 Prohibited locations – Exception for roadway construction zones and government property.
5.35.065 Severability – Consistency with Utah law.
5.35.010 Definitions.
“Enclosed mobile business” means a business that maintains ongoing mobility and of which the receipt of goods or services offered and point of sales occurs within an enclosed vehicle, an enclosed trailer, or an enclosed mobile structure.
(1) An enclosed mobile business’s goods or services include those offered in the following industries:
(a) Barber;
(b) Beauty and cosmetic, including nail, eyelash, and waxing;
(c) Cycling;
(d) Cell phone;
(e) Computer;
(f) Footwear;
(g) Media archive and transfer;
(h) Pet grooming;
(i) Sewing and tailoring;
(j) Small engine; and
(k) Tool.
(2) “Enclosed mobile business” does not include a food cart, a food truck, or an ice cream truck.
“Food cart” means:
(1) A cart that is not motorized, and that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption.
(2) “Food cart” does not include an enclosed mobile business, a food truck, or an ice cream truck.
“Food truck” means:
(1) A fully encased food service establishment on a motor vehicle or on a trailer that a motor vehicle pulls to transport from which a food truck vendor, standing within the frame of the vehicle or trailer, prepares, cooks, sells, or serves food or beverages for immediate human consumption.
(2) “Food truck” does not include an enclosed mobile business, a food cart, or an ice cream truck.
“Health department permit” means a document that a local health department issues to authorize a mobile business to operate within the jurisdiction of the local health department.
“Ice cream truck” means:
(1) A fully encased food service establishment;
(2) On a motor vehicle or on a trailer that a motor vehicle pulls to transport;
(3) From which a vendor, from within the frame of the vehicle, serves ice cream;
(4) That attracts patrons by traveling through a residential area and signaling the truck’s presence in the area, including by playing music; and
(5) That may stop to serve ice cream at the signal of a patron.
(6) “Ice cream truck” does not include an enclosed mobile business, a food cart, or a food truck.
“Mobile business” means an enclosed mobile business, a food cart, a food truck, or an ice cream truck.
“Mobile business event” means an event at which a mobile business has been invited by the event organizer to offer the mobile business’s goods or services at a private or public gathering.
“Operator” means a person, including a vendor, who owns, manages, controls, or operates a mobile business.
“Political subdivision” means: (1) a city, town, or metro township in Utah; or (2) a county in Utah, as it relates to the licensing and regulation of businesses in the unincorporated area of the county. [Ord. 23-19 § 1 (Exh. A); Ord. 22-32 § 1 (Exh. A); Ord. 18-09 § 1 (Exh. A).]
5.35.020 License required.
(A) Unless expressly excepted in this chapter, mobile business operators are required to obtain a mobile business license from Syracuse City prior to engaging in transactions from a mobile business in Syracuse City, unless they hold a current business license in good standing from another political subdivision in the state.
(B) Syracuse City shall only recognize the business license of a mobile business issued by another Utah political subdivision if the mobile business has in its possession the following for each mobile business they operate:
(1) A current health department mobile business permit issued by a local health department in Utah if the nature of the mobile business requires one; and
(2) Evidence that the mobile business passed a fire safety inspection, conducted by a Utah political subdivision, in accordance with Section 11-56-104(3)(a), Utah Code Annotated 1953, as amended.
(C) A mobile business that operates one or more ice cream trucks shall submit evidence of an annual criminal background check for each employee of the ice cream truck business that operates or will operate an ice cream truck within Syracuse City, as a condition to maintaining or honoring the mobile business license. [Ord. 23-19 § 1 (Exh. A); Ord. 22-32 § 1 (Exh. A); Ord. 18-09 § 1 (Exh. A).]
5.35.030 Reciprocal license.
Repealed by 22-32. [Ord. 21-30 § 1 (Exh. A); Ord. 18-09 § 1 (Exh. A).]
5.35.040 Mobile business events.
(A) Notwithstanding SCC 5.35.020, a mobile business operator is not required to have a Syracuse City license, or special event permit, if both of the following conditions apply:
(1) The event takes place on private property; and
(2) The event is not open to the public.
(B) If an event is to take place on public property or is open to the public, then the event organizer may obtain an event permit on behalf of all mobile businesses that will be attending the event. The event permit shall list the business names of each mobile business. If the organizer does not obtain an event permit for mobile businesses under this subsection, then the mobile business operators are required to obtain a license as provided in this chapter.
(C) Mobile businesses serving food at an event, and who do not hold a Syracuse City mobile business license, shall have in their immediate possession: (1) a copy of a mobile business license issued by another Utah political subdivision, and (2) a Utah local health department mobile business permit. [Ord. 23-19 § 1 (Exh. A); Ord. 22-32 § 1 (Exh. A); Ord. 18-09 § 1 (Exh. A).]
5.35.050 Requirements.
(A) Mobile businesses shall be licensed by either Syracuse City or another political subdivision located in Utah. They must obtain a health department mobile business permit from a Utah local health department and acquire approval from a political subdivision within the state that shows that the mobile business passed a fire safety inspection. Mobile business operators shall account for sales occurring within Syracuse City boundaries, as required by Utah law, when it remits applicable sales taxes to the state of Utah.
(B) Operation of mobile businesses shall comply with City ordinances related to storm water pollution prevention. No pollutants may be introduced into storm drains or the storm drain system.
(C) Trash receptacles shall be maintained by the operator, and all litter left by customers shall be promptly retrieved by the operator. Trash receptacles shall be removed when the mobile business is closed for business. Operators may be cited for littering pursuant to state code, if they allow litter from customers to remain on the premises.
(D) Banners, temporary signs, or flags located outside of the mobile business shall be removed by the operator when the mobile business is closed for business, and may never be placed within the right-of-way.
(E) If a mobile business will operate in a single location for more than 10 hours per week, then it shall submit a site plan showing the proposed location of the mobile business for review by the license official, as well as the locations of trash receptacles, restroom and handwashing facilities, and any other elements of the service, such as tables, umbrellas, canopies and signage. [Ord. 23-19 § 1 (Exh. A); Ord. 22-32 § 1 (Exh. A); Ord. 18-09 § 1 (Exh. A).]
5.35.060 Prohibited locations – Exception for roadway construction zones and government property.
(A) Mobile businesses may not locate their vehicle or trailer on the roadway, or in such a manner as to encourage the congregation of customers in the roadway. Customers may congregate on public sidewalks, unless they are impeding the regular pedestrian traffic in the area.
(B) Food trucks may only locate in zones that also permit food establishments or restaurants, except food trucks falling under the criteria of SCC 5.35.040(A)(1) and (2).
(C) Notwithstanding other provisions of this section, a mobile business may locate within right-of-way within a roadway construction zone, if:
(1) The right-of-way where the mobile business is located is closed to nonconstruction traffic and pedestrians;
(2) The entity responsible for the construction zone approves the mobile business’s location; and
(3) The mobile business does not locate in a manner that may impede traffic within lanes of travel that are open, including areas where customers congregate.
(D) Mobile businesses may locate on property owned by government agencies and political subdivisions of the state of Utah, if they obtain permission of the agency or subdivision. [Ord. 23-19 § 1 (Exh. A); Ord. 22-32 § 1 (Exh. A); Ord. 18-09 § 1 (Exh. A).]
5.35.065 Severability – Consistency with Utah law.*
This chapter shall be interpreted consistent with Utah law governing mobile businesses, as amended. If any provision of this chapter is deemed to conflict with Utah law, then the remaining provisions in this chapter shall remain in full force and effect, and the conflicting law shall be overridden by the preempting Utah law. [Ord. 23-19 § 1 (Exh. A); Ord. 22-32 § 1 (Exh. A); Ord. 18-09 § 1 (Exh. A).]
* Code reviser’s note: Ord. 18-09 added this section as 5.35.060. It has been editorially renumbered to 5.35.065 to avoid duplication.
5.35.070 Violations.
For violations not otherwise enumerated in this code, a mobile business shall be assessed a fine of at least $100.00 for each violation. This may be pursued through civil enforcement processes, or through the criminal court process, in which case it is punishable as an infraction. Each day of a continued violation constitutes a new and separate violation. [Ord. 23-19 § 1 (Exh. A); Ord. 22-32 § 1 (Exh. A); Ord. 18-09 § 1 (Exh. A).]