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City of Lamar - Proposed Ordinance - Mobile food vendors and ice cream vendors

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ORDINANCE NO. ______

AN ORDINANCE AMENDING CHAPTER 8 ARTICLE I REGARDING MOBILE FOOD VENDORS AND ICE CREAM VENDORS

WHEREAS, Colorado Revised Statutes § 31-15-401 grants general police powers to the City Council to promulgate ordinances for the health, safety and welfare of the public; and

WHEREAS, the use of mobile food trucks and pushcarts have become increasingly popular with residents, businesses and visitors to the City of Lamar; and

WHEREAS, the use of mobile food trucks and pushcarts on public property have created an unfair advantage for other businesses and a safety risk to the vendors and citizens without regulation of the vendors location; and

WHEREAS, mobile ice cream vendors operate differently than mobile food vendors as they are in static locations throughout the City for less than fifteen minutes, and should be allowed to serve customers on City property with appropriate regulations of the vendors; and 

WHEREAS, the City Council of the City of Lamar has further determined that it is in the best interest of the health, safety and welfare of the inhabitants of the City to exercise its express authority to regulate the location of mobile food vendors and mobile ice cream vendors in the City of Lamar, consider the needs existing businesses, and adopt and establish reasonable regulations concerning their location and to amend the City of Lamar Municipal Code as set forth herein.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAMAR, COLORADO AS FOLLOWS:

Part 1: The Lamar Municipal Code, CHAPTER 8, Article I, Sec. 8-16 is hereby by amended with the addition of said section to read as follows:

Sec. 8-16 Mobile Food Trucks, Pushcarts and Ice Cream Vendors

  1. Definitions. For the purposes of this Article, the following terms shall have the meanings as indicated, unless the context otherwise requires:

    1. Ice cream products means ice cream, frozen milk, or any other frozen dairy, or non-dairy products of similar nature that may include sorbet, shaved ice and popsicles or ice product or confection.

    2. Mobile Food Truck means a retail food establishment that is not intended for a permanent location and is a motorized wheeled vehicle, or a trailer that is licensed for use on public roadways, designed and equipped to serve food and beverages operating in either a static or transitory location and customers.

    3. Mobile Food Vendor means any person who sells food and/or beverages from a mobile food truck or pushcart, excepting mobile ice cream vendors.

    4. Mobile Ice Cream Vendor means any vehicle, whether human-powered, or motor-powered, from which ice cream products, and no other food items, are sold or offered for sale to the general public, except for any vehicle operated from a stationary location and does not include mobile establishments that serve food items other than ice cream products.

    5. Pushcart means a retail food establishment that is not a motorized vehicle, a lightweight cart that is designed to be pushed or pulled by hand and is used to serve food and beverages. Pushcart does not include carts serving only ice cream products.

  2. Operational Standards. Mobile food vendors:

    1. Shall not operate on publicly owned property and public right-of-way without prior approval for a special permit under Section 8-16(d).

    2. Shall only sell food, nonalcoholic beverages, and branded merchandise specific to the vendor.

    3. Shall be in compliance with all local ordinances.

    4. Shall not obstruct pedestrian or bicycle passage and shall not impede traffic flow.

    5. Shall keep the sidewalks, roadways, and other spaces adjacent to their temporary operating location clean and free of refuse of any kind generated from the operation of their business.

  3. Operational Standards. Mobile Ice Cream Vendor:

    1. May operate on publicly owned property or public right-of-way so long as the vehicle is not stationary for 15 minutes at one location without prior approval for a special permit under Section 8-16(d).

    2. Shall lawfully and safely be stopped and not impede traffic.

    3. Shall only sell ice cream products and branded merchandise specific to the vendor.

    4. Shall only operate a vehicle that is clearly marked and identifiable as a mobile ice cream vendor.

    5. Shall not operate or permit an employee or contractor to operate as a vendor that is a registered sex offender or has been convicted of any sex crimes involving children.

    6. Shall not operate after sunset and before 10:00 a.m.

    7. Shall abide by all state, local, federal laws and ordinances.

  4. Special Permit.

    1. The City Council may authorize a mobile food vendor to operate on publicly owned property or public right-of-way, or may authorize a mobile ice cream vendor to remain stationary for more than 15 minutes, provided that the mobile food vendor or mobile ice cream vendor:

      1. Completes an application for a special permit to the City Clerk.

      2. Describes the date, time and location of the use of publicly owned property or public right-of-way.

      3. Pays the application fee set by resolution of the City Council.

  5. Penalty.

    1. Failure to comply with the terms of this chapter shall constitute a violation of this Code, as defined in chapter 1. Any person who is found guilty of or pleads guilty or nolo contendere to the violation of this Code shall, for each offense, be subject to a penalty as set forth in section 1-21. Each day an offense continues shall constitute a separate offense.

    2. Repeated violation of this Section shall be considered a public nuisance and such conduct shall be sufficient grounds that may result in:

      1. Suspension of mobile food vendors or mobile ice cream vendors business license subject to and in accordance with the process set forth in Section 8-10; or

      2. Revocation of the mobile food vendors or mobile ice cream vendors business license subject to and in accordance with the process set forth in Section 8-11.

CONFLICT

All Ordinances, Resolutions, Bylaws, and Regulations of the City of Lamar in conflict with the provisions of this Ordinance are hereby repealed.

SEVERABILITY

If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, unenforceable or of no legal effect, by a court of competent jurisdiction, the invalidity of such section, paragraph, or clause shall not affect any other provision of this Ordinance.

EFFECTIVE DATE

This ordinance shall take effect thirty (30) days after publication as provided by law.

READ IN FULL, PASSED, AND ORDERED PUBLISHED on first reading the 9th day of September, 2024 in accordance with the City Charter.

ATTEST:        KIRK CRESPIN, MAYOR

LINDA WILLIAMS, CITY CLERK

 

READ IN FULL AND ADOPTED on second reading this ____ day of ___________, 2024 in accordance with the City Charter.

ATTEST:        KIRK CRESPIN, MAYOR

LINDA WILLIAMS, CITY CLERK

Published September 13, 2024

In the Kiowa County Press

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