§ 13-69. Limitations on location.

No peddler or itinerant merchant or vendor shall have any exclusive right to any location on a public street, nor shall any peddler be permitted a stationary location on private property, except for general mobile food trucks, nor shall be permitted to operate in any congested area where the operation might impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. Further, it shall be unlawful to operate on or do business from private property without first obtaining written permission.

General mobile food unit operational requirements:

(1)

The serving location shall be out of the public right-of-way where an existing permanent business operates in a building with an unexpired certificate of occupancy.

(2)

The serving location must be a minimum of three hundred (300) feet away from any site based restaurant unless the food unit operator provides written consent of the site based restaurant owner.

(3)

The serving location will not be allowed to have detached awnings, tables or chairs at the serving location, but must have a minimum fifty (50) gallon trash container. The premises are to be kept free of trash and debris at all times.

(4)

Mobile food vendors may operate only during the business hours of the primary business on the property, and may not extend beyond 7 a.m. to 9 p.m. in any case.

(5)

Mobile food units must park on improved surfaces as defined 33.3 C of the City of Athens Zoning Ordinance, and provide a minimum of three (3) off-street parking spaces.

(6)

A drive-through is not permitted in conjunction with the mobile food unit.

(7)

Mobile food units shall not be parked in driveways, fire lanes or on public roads. They may utilize off street parking spaces as long as the minimum amount of off-street parking in conjunction with the primary business is maintained.

(8)

The mobile food unit may not impair the sight visibility triangle as defined in 37.9 of the City of Athens Zoning Ordinance.

(9)

Employees working in the mobile food unit shall have access to restroom facilities that are located on the same property where the mobile food unit will be operating.

(10)

All mobile food vehicles must comply with the Athens Fire Department Fire Safety Guidelines (attached)

(11)

All general mobile food vehicles must report daily to a commissary where:

a.

The vehicle is properly cleaned and serviced.

b.

All food contact surfaces are washed, rinsed and sanitized.

c.

The liquid waste is properly disposed. If a home based operation is used as the commissary, a valid contract for liquid waste disposal with monthly manifest sheets of proper disposal shall be provided to the city manager or his designee. If a site built restaurant is used for grease water disposal, daily logs of the greasy water discharge shall be maintained by the site built restaurant.

d.

The vehicle receives potable water necessary to operate.

e.

Food served from the vehicle is stored, handled or prepared.

f.

Single service articles are properly stored.

(12)

The vehicle is stored overnight.

(13)

If a mobile food service unit is serviced by an on-site grease trap of sufficient capacity to meet the daily discharge of the cooking water effluent (greasy water), and the remaining conditions can be performed on-site, the foregoing activities may occur on site rather than by a daily visit to a commissary.

Exemptions : The location and permitting requirements of this section shall not apply to any food vendor participating in any city sanctioned or non-profit events. However, all mobile vendors shall meet all health and sanitation requirements.

(Ord. No. A-3034, § 10, 11-11-85; Ord. No. O-11-17, 2-27-17)