§ 8-321. Food trucks.

Food trucks are subject to all of the following regulations:

(a)

As used in this section, the terms below shall be defined as follows:

(1)

Commissary shall mean an approved catering establishment, restaurant, or other approved place in which food, containers or supplies are kept, handled, prepared, packaged or stored.

(2)

Menu change shall mean a modification of a food establishment's menu that requires a change in the food establishment's food preparation equipment or storage requirements previously approved by the Gwinnett County Health Department. The term "menu change" shall include, but is not limited to, the addition of potentially hazardous food to a menu, installation of new food preparation or storage equipment, or increasing storage capacity.

(3)

Mobile food truck shall mean a retail food establishment that reports to and operates from a commissary and is readily moveable. Said mobile food truck shall be a motorized wheeled vehicle which includes a self-contained kitchen where food is prepared or stored and from which food products are sold or dispensed.

(4)

Mobile food truck vendor ("vendor") shall mean the registered owner of a mobile food truck or the owner's agent or employee.

(5)

Mobile food truck vendor permit ("vendor permit") shall mean a document indicating the owner of an established mobile food truck has met the requirements of this ordinance and is licensed to operate within the City of Norcross.

(6)

Mobile food truck vendor site ("vendor site") shall mean a location where one or more mobile food trucks are located at any one time specifically for the purpose of selling merchandise in accordance with the provisions set forth within this section.

(b)

Vendor permit required.

(1)

It shall be unlawful for any person to sell, or offer for sale, food or beverages of any type from a commissary or mobile food truck without first obtaining a vendor permit as described herein.

(2)

Approved vendors shall only sell, or offer for sale, merchandise from approved vendor sites as described herein.

(c)

Vendor permit application requirements. An application for a mobile food truck vendor permit as described herein shall be submitted to the Community Development Director or his or her designee for review and consideration and shall include, at a minimum, the following information:

(1)

Name of the mobile food truck vending business.

(2)

Owner's contact information.

(3)

Operator's contact information.

(4)

Make, model, dimensions and license plate number of the mobile food truck.

(5)

Photographs of food truck, to include all sides and all signage.

(6)

Location, dates and times of vending site operation.

(7)

A copy of approved permit from the Gwinnett County Health Department.

(8)

A copy of the current occupational tax certificate from where the business is licensed.

(9)

A copy of current liability insurance policy, issued by an insurance company licensed to practice in the state. Each vendor shall maintain no less than a $1,000,000.00 liability insurance policy, protecting the vendor, the public and the city from all claims for damage to property and bodily injury, including death, which may arise from operation under or in connection with the permit.

(10)

Signature of applicant indicating agreement to the listed regulations.

(d)

A mobile food truck vendor permit shall be valid for not more than four months from the date of issuance.

(e)

Vendor site application requirements. An application for a mobile food truck vendor site as described herein shall be submitted to the Community Development Director or his or her designee and shall include, at a minimum, the following information:

(1)

Vendor sites:

a.

Vendor sites on private tracts of land shall be limited to private tracts of land within the OI, Office-institutional district, C2; General business district; C3, Central business district; M1, Light industry district; and ODW, Office-distribution-warehouse district.

b.

Vendor sites for city sponsored events may be on private tracts of land or on public property, or in the public right-of-way and shall be limited to the duration of the event and only at such places and during such times as are specifically designated by the city in the resolution establishing the event.

(2)

The application shall include all dates and hours of operation proposed for the vendor site. Each vendor site shall be limited to operating no more than two days per week for no longer than six hours per day; provided however, that vendor sites for city sponsored events shall be limited to the duration of the event and only at such places and during such times as are specifically designated by the city in the resolution establishing the event.

(3)

A separate application for each vendor site shall be submitted for approval prior to establishing a vendor site.

(4)

Written consent from the property owner(s), property manager(s), leasing agent(s) and/or lessee(s) indicating their approval of each vendor site located on private property.

(5)

A detailed site plan of the proposed vendor site indicating the location of each mobile food truck, generators, tables, trash cans, parking areas and traffic flow.

(f)

Each mobile food truck shall be located:

(1)

On paved surfaces only and shall not block drive aisles, access to loading/ service areas, emergency access or fire lanes.

(2)

No closer than 30 feet from the right-of-way of an arterial highway and shall not be located within a landscape buffer or sight triangle; provided however, that vending sites for city sponsored events may be located in the public right-of-way or on public property when specifically designated by the city in the resolution establishing the event.

(3)

No closer than 15 feet from existing fire hydrants or transformers.

(4)

Parking.

a.

The overall vendor site shall include no less than 15 off-street parking spaces for each mobile food truck. This subsection (f)(4)a. shall not apply to permits issued for city sponsored events.

b.

If adequate on-site parking is not available, the parking requirements must be met by designating parking spaces in an off-site parking area abutting the vendor site. Written consent from the owner(s) of adjoining private property must be provided indicating they have approved off-site parking on their property.

(5)

No closer than 200 feet from an existing brick-and-mortar restaurant during the hours when such restaurant is open to the public for business.

(6)

No closer than 300 feet from a school or day care facility while that facility is in session unless written approval is established with that facility.

(g)

A mobile food truck vendor site permit shall be valid for the dates identified on the application only. Any changes to the approved permit shall be approved in advance by the community development director.

(h)

Aesthetic/signage requirements.

(1)

Absolutely no flashing, blinking or strobe lights shall be used on or within mobile food trucks or related signage. All exterior lights with over 60 watts shall contain opaque hood shields to direct the illumination downward.

(2)

All signs used must be permanently affixed to or painted on the mobile food truck and shall extend no more than six inches from the vehicle. No sign shall flash, produce or reflect motion pictures; emit visible smoke, vapor, particles or odor; be animated or produce any rotation, motion or movement. No sign shall be internally illuminated.

(3)

A portable menu board measuring no more than six square feet in size may be placed on the ground within the customer waiting area. This sign shall be located no more than ten feet from the edge of the mobile food truck. In no instance shall the portable menu board be located between the mobile food truck and any adjoining public road.

(4)

Mobile food trucks shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be fully street legal. All vehicles shall be free of debris and shall be serviced regularly so as to prevent spills/deposits of oil/fuel, coolant, grease or other material.

(i)

Operational requirements.

(1)

Mobile food trucks shall not conduct business within the city limits unless a valid permit has been issued as described herein.

(2)

The vendor permit shall be firmly attached to the window adjacent to the ordering or serving window and visible on the mobile food truck at all times.

(3)

Any driver of a mobile food truck must possess a valid driver's license issued by the state.

(4)

No sales or offers for sale shall be made from any mobile food truck between 9:00 p.m. and 5:30 a.m. unless such sale is in conjunction with a city-approved special event.

(5)

No structure, vehicle or equipment shall be left unattended or stored at any time on the vending site when sales are not taking place or during restricted hours of operation.

(6)

Each vendor shall comply with all state, federal and local health and safety regulations and requirements and shall obtain and maintain any and all licenses required by any other health organization or governmental organization having jurisdiction over this subject matter.

(7)

Vendors may sell food and non-alcoholic beverage items only; the sale of alcoholic beverages from a mobile food truck is prohibited.

(8)

The following safety regulations shall apply to any and all vehicles operating under this article or used for mobile food truck establishments:

a.

Vehicles shall be equipped with a reverse gear signal alarm with a sound distinguishable from the surrounding noise level.

b.

Vehicles shall be equipped with two rear-vision mirrors, one at each side, firmly attached to the outside of the vehicle, and so located as to reflect to the driver a view of the street to the rear, along both sides of the vehicle.

(9)

Customers shall be provided with single service articles such as plastic utensils and paper plates. Each vendor shall provide no less than one waste container for public use.

Each vendor shall provide for the sanitary collection of all refuse, litter and garbage generated by the patrons using that service and shall remove all such waste materials from the vendor site before the vehicle departs. This includes, but is not limited to, physically inspecting the general area surrounding the vendor site for such items prior to the vehicle's departure.

Absolutely no dumping of gray water on public or private property shall be permitted.

(10)

The issuance of a permit does not grant or entitle the vendor to the exclusive use of any property or parking space.

(11)

All power required for the mobile food truck shall be self-contained. Mobile food trucks shall not use utilities drawn from the public right-of-way. No power cable or equipment shall extend across any city street, multi-use path, or sidewalk.

(j)

Fees. Permit fees shall be as adopted by city council in the schedule of fees and kept on file in the city clerk's office.

(k)

Indemnity. As a part of the permitting process set forth herein, any person or entity receiving a permit shall execute an indemnity agreement indemnifying and releasing the city, its agents, employees and elected officials from any and all liability against any and all claims, actions and suits of any type whatsoever.

(l)

Review of permit application. In determining whether or not to approve a specific vendor permit or the location of a vendor site, the Community Development Director may consider any factors reasonably deemed relevant for the application including, but not limited to, the following:

(1)

Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

(2)

The applicant failed to complete the application form after having been notified of the need for additional information or documents;

(3)

Another permit or application has been received prior in time or has already been approved at the same time and location requested by the applicant;

(4)

The size, nature or location of the vendor site will present a substantial risk to the health or safety of the public or participants in the event or other persons;

(5)

The location of the vendor site will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets.

(m)

Revocation and suspension. Any permit granted pursuant to the provisions of this section may be subject to revocation for cause by the Community Development Director (or his/her designee), including but not limited to the failure to comply with this section or any other applicable provisions of the Norcross Code of Ordinances.

( Ord. No. 05-2015 , § II, 6-1-2015)