The URL can be used to link to this page

Home My WebLink About2021-03-15-Resolution 2021-105_Food Truck Pilot Program 2021THE CITY OF WAUKEE, IOWA RESOLUTION 2021-105 READOPTING THE CITY OF WAUKEE FOOD TRUCK PILOT PROGRAM IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the Waukee City Council has identified as a priority the establishment of provisions and policies for the operation of Food Trucks within the City of Waukee; AND, WHEREAS, on August 20, 2018, the City Council approved a Food Truck Pilot Program (Resolution #18-349); AND, WHEREAS, the Food Truck Pilot Program has been readopted as has been deemed necessary over the past several years. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa on this 15th day of March, 2021, that the Food Truck Pilot Program, attached hereto as Exhibit A, is approved through December 31, 2021. Attest: lv'�• �I Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE Anna Bergman X R. Charles Bottenberg X Chris Crone X Larry R. Lyon X Ben Sinclair X Cou nc Clar e, Mayor NAY ABSENT ABSTAIN EXI11I31T A Food Truck Pilot Program 2021 Purpose: The Waukee City Council has expressed a desire to allow for the operation of mobile food units within thE' City of Waukee. The proposed Pilot Program will be enacted and will run through December 31, 2021 at which time, the program will be reviewed and assessed for future consideration of permanent requirements for mobile food units within the City of Waukee. Definitions: A. Mobile Food Unit: Any type of annually licensed food establishment that is a readily moveable vehicle (on wheels), that is self-propelled (driven), or can be pulled or pushed to a location and used for the vending of food or beverage items at a stationary location to the public. B. Mobile Food Vendor: A person engaged in the business of selling food or beverages from a mobile food unit. C. Push Cart: A non -self-propelled mobile food unit that is pushed or pulled by the mobile food vendor to a location and serves a limited offering of food or beverage items. D. Approved Event or Special Event: A larger event, such as a farmers market, music festival, or similar activity that has been approved by the City through a special event permit (typically on public property), a temporary use permit (on private property) or a block party. An approved event would also include events within the City park with the approval of the Parks and Recreation Director or their designee. E. Catered Event: Any event where a business or entity has requested the mobile food unit to provide food for a targeted audience and which the food is served to the customers within a building, structure, or facility and not directly from the mobile food unit, or where the business or entity requesting the service is paying for the food in a single lump sum payment rather than individual patrons paying for their food themselves. F. State Licensing Level Classification: The Iowa Department of Inspections and Appeals has established classification levels for mobile food vendors that will be referenced as a part of this program. The levels are as follows: — Class I: Non -refrigerated vending units that serve only intact, non - potentially hazardous commercially prepackaged food and beverages. Examples include chips, crackers, cookies, soda and sweets in manufacturers packaging. — Class II: Refrigerated or hot vending units that serve potentially and non - potentially hazardous commercially prepackaged foods from an approved source. Examples include packaged sandwiches, ice cream bars, individually wrapped and cooked hot dogs. No cooking is allowed as part of a Class II unit. Class III: Units that serve potentially hazardous packaged food and unpackaged foods with limited assembly. These units are limited to pre- cooked foods from an approved source that may be reheated on the unit. Examples include pushcart operations, packaged salads, hot dogs, shaved ice. - Class IV: Units that serve potentially and non -potentially hazardous food that are prepared, cooked, cooled or reheated, and assembled on the unit. Examples include self-contained mobile food units, food trucks and any units that are capable of preparing and producing food items from pre- cooked and/or raw products to finished product for consumption. Exempt Uses/Instances: A. Catered Event on private property (graduation party, wedding reception, etc.) B. Grilling and food preparation activities of brick and mortar establishments on the establishments premises for immediate consumption by patrons or employees C. Concession stands associated with sports or recreational venues D. Mobile Food Vendors at the Waukee Downtown Farmers Market E. Mobile Food Vendors at City of Waukee sponsored or promoted special events General Regulations: A. All mobile food units operating within the City of Waukee that are not exempt from this Ordinance shall submit a Mobile Food Unit Permit Application on a form as provided by the Development Services Department. In addition to the application, a fee in the amount of $50 will be required. All Mobile Food Unit Permits will expire on December 31, 2021. B. Mobile Food Units shall be permitted to operate on private property within any residential (R), commercial (C) or industrial (M) zoned property or within the public right-of-way within any R, C or M district. Mobile Food Units shall be permitted to operate within City parks provided the Parks & Recreation Director or their designee has approved the time and location of operation. C. Mobile Food Units shall be located on a paved surface, unless approved as a part of a Special Event. D. Mobile Food Units shall be limited to a maximum of five (5) consecutive days in one location. E. Mobile Food Vendor shall make arrangements to have permanent restroom facilities for employees within walking distance within adjacent buildings. F. Tne location of a Mobile Food Unit shall be located in manner where it does not take up required parking stalls required for the primary use of the property where the Mobile Food Unit is located. G. All Mobile Food Units utilizing deep fat fryers or open flame cooking shall be located 20 feet from any building unless an exemption is granted from the Waukee Fire Department H. All Mobile Food Units shall be located in such a manner so as to not create a safety hazard, such as blocking emergency access to buildings and the site, obstructing access to fire hydrants, impeding ingress and egress from a building, creating a visual impediment for the motoring public at drive entrances, intersections pedestrian crossings, or similar movement and access. I. Mobile Food Units operating within the public right-of-way shall be located on the street side where on -street parking is permitted. Operations, food preparation and customer service shall not be conducted within the street. J. Mobile Food Units operating within the public right-of-way shall be limited to operate no more than two (2) hours in the same location or on the same street. K. Mobile Food Units shall not be allowed to operate within the public right-of-way on streets where on -street parking is prohibited. Violations: The operation of a Mobile Food Unit is a privilege. A Mobile Food Unit Permit may be revoked or terminated at any time by order of the Administrative Official, Fire Chief, Police Chief, Building Official or their designees if the Mobile Food Unit is deemed as being a life safety hazard towards pedestrians, vehicles or property, or if the temporary use fails to comply with the terms of the permit or other City Ordinances.