Section 8-7-6 Operational Requirements
A. It is unlawful for any person to operate a mobile food unit or act as a mobile food vendor that does not meet the requirements in this section. A business desiring to operate a mobile food unit on Town-owned public property shall have evidence of passing a fire inspection and a copy of the certificate of insurance listed below in their possession.
B. A mobile food vendor must ensure that all mobile food units comply at all times with the version of the International Fire Code in effect at the time when the state license issued by either the state or a county delegated authority from the state to issue such licenses pursuant to A.R.S. § 36-1761 for the mobile food unit was issued.
C. A mobile food unit shall be inspected by the Town Fire Department, or the mobile food vendor shall provide evidence that the mobile food unit passed a fire inspection by another municipal fire department in this state within the preceding twelve (12) months. It is unlawful for a mobile food vendor to fail to provide proof of the required fire inspection to a law enforcement officer or fire official on demand.
D. Refuse, Trash and Litter Maintenance. A mobile food unit shall:
1. Provide a minimum of one fifteen (15) gallon trash receptacle available for immediate use within 15 feet of each individual mobile food unit for customers and employees;
2. Maintain an area around the mobile unit clear of litter, garbage, rubble and debris; and
3. Transport the trash from the area of operation to an authorized waste disposal location. Disposing of grease in a dumpster is prohibited.
E. Noise. A mobile food vendor shall not use, play, or cause to be used or played any amplifier, loudspeaker, microphone, amplified music, or any other amplified instrument or device used for the production of any sound in a vending area when the motor vehicle or mobile food unit from which mobile food vendor is vending is stationary or mobile upon any right-of-way or other public place. Mobile conveyance units may play amplified music while traveling from place to place. Generators used in conjunction with the mobile food unit must be maintained in good repair and placed so as to minimize impact on adjacent uses. Ancillary screening and/or sound-absorbing devices may be required to deflect or absorb generator noise away from adjacent uses or activities.
F. Security. A mobile food vendor shall ensure that:
1. The mobile food unit and the surrounding vending area be maintained in a safe and clean manner at all times;
2. A mobile food unit shall have adequate lighting to ensure customer safety in the vending area. Lighting shall be in conformance with Chapter 8 of the Fountain Hills Zoning Ordinance. Nondecorative lighting shall be directed downwards and away from street traffic and adjacent properties. At no time shall lighting exceed the height of eight feet; and
3. The mobile food unit and its customers shall not obstruct the movement of pedestrians or other vehicles using the sidewalk, street, alley, or other public right-of-way, or drive aisle. A mobile food unit shall ensure that there is a minimum four-foot clearance in any direction on sidewalks in order to provide pedestrian and accessible movement.
G. Insurance.
1. If the mobile food unit operates at an event sponsored by the Town or operates on public property, including rights-of-way or property owned by the Town, the mobile food vendor shall obtain insurance naming the Town as an additional insured and shall maintain at all times a commercial general liability insurance policy in the amount of at least $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate and commercial auto insurance in the amount of $1,000,000.00 combined single limit.
2. The insurance company issuing the policy shall be authorized to issue commercial liability policies in Arizona by the Arizona Department of Insurance.
3. The policy shall designate by manufacturer’s serial or identification number all mobile food units for which coverage is granted regardless of size of the mobile food unit.
4. The policy shall insure the person named in the policy and any other person using the mobile food unit with the express or implied permission of the named insured against any liability arising out of the ownership, maintenance or use of the mobile food unit in Arizona.
5. It is unlawful for a mobile food vendor to fail to provide proof of insurance to a law enforcement officer or Town official on demand.
H. Location. A mobile food vendor shall operate a mobile food unit subject to the following limitations and conditions:
1. Within Town Right-of-Way.
a. Residential Area. Only mobile conveyance units are permitted to operate in the right-of-way in residentially zoned areas.
b. Commercial and Industrial Area. A mobile food vendor may operate in a legal parking space within the right-of-way in areas with commercial or industrial zoning.
2. Locations Not on Town Right-of-Way.
a. If the mobile food vendor desires to operate on Town property other than a legal parking space in the right-of-way, the mobile food vendor shall:
1. Obtain from the Town a separate licensing for use, services contract, or similar agreement, which will be entered into at the Town’s sole discretion and applicable law; or
2. Be part of a special event approved in accordance with Article 8-3 of this chapter.
b. Private Property. A mobile food vendor may operate on commercially or industrially zoned private property if the vendor obtains an administrative temporary use permit and written permission to use the private property where the mobile food unit will operate. Any such permission shall be in writing and the vendor shall provide it to Town officials or law enforcement officers on demand.
c. Notwithstanding the permission of a person owning or having lawful control of private real property, a mobile food unit shall not be in one location on private property for longer than four consecutive days, unless the Town grants permission for a permitted event greater than four days. For purposes of this subsection, “one location” means a location within a parcel of land and includes movements from different parked positions within the same parcel.
I. Parking and Other Operational Regulations. A mobile food unit shall comply with this subsection and all other applicable law as it pertains to parking and operations.
1. Except as provided for in subsection (K)(1) of this section, a mobile food unit shall only operate in legal parking spaces.
2. A mobile food unit shall abide by all parking regulations, including posted time limits. If there are no other time restrictions on the use of a legal parking space, a mobile food unit shall not occupy a legal parking space for more than nine hours in a twenty-four (24) hour period. For purposes of this subsection, “occupy” means within 100 feet of the place in which the mobile food unit was initially parked.
3. A mobile food unit, including any semipermanent structure used or associated with the mobile food unit, may use no more than one legal parallel or two legal angled parking space(s), unless the mobile food vendor has a separate agreement with the Town to use additional legal parking spaces or parking spaces on Town property other than right-of-way.
4. A mobile food unit shall not utilize a legal parking space in a parking lot with insufficient parking capacity, which includes occupying a legal parking space that reduces the number of available parking spaces surrounding the area which is required for the principal use or uses of the property associated with the parking spaces.
5. Except for mobile conveyance units for periods of not more than forty-five (45) minutes, a mobile food unit shall not conduct business in any Town public park.
6. Except as provided for in subsection (K)(2) of this section, a mobile food unit shall not conduct business from a street or sidewalk adjacent to a Town public park as set forth in Section 12-3-3(B).
7. As set forth in Section 12-3-3(C), mobile food vendor shall not conduct business within 300 feet of a special event boundary or an event that has been approved through an administrative temporary use permit, unless registered as part of the event.
8. A mobile food vendor shall not claim or attempt to establish any exclusive right to park at a particular street location, unless the parking space is part of a permitted event.
9. A mobile food unit shall not operate within 50 feet of an intersection.
10. No mobile food unit shall operate with the serving window immediately adjacent to and facing a street or driveway open to vehicular traffic.
11. A mobile food unit shall comply with all requirements of the Americans with Disabilities Act during operations.
12. A mobile food unit shall comply with all Town Code sections relating to noise, parking, fire restrictions, late night operations, or any other code sections restricting specific activities.
J. Signage. A mobile food vendor shall not place any signage in or around the space where the mobile food unit is parked. A menu board near the order window is allowed.
K. Street, Sidewalk, Building Storefront Vending.
1. No street vending by a mobile food unit shall be allowed unless it is a mobile conveyance unit that operates by moving quickly with the flow of traffic and readily from place to place stopping only to complete a point-of-sale transaction for no longer than fifteen (15) minutes per stop.
2. No mobile food units, other than a mobile conveyance unit that is nonmotorized may operate on the Town’s sidewalks. The mobile conveyance unit shall operate by, moving quickly and readily from place to place stopping only to complete a point-of-sale transaction for no longer than fifteen (15) minutes per stop.
3. No mobile food units, other than nonmotorized ones, may operate at a building front. Mobile food units operating at a building’s front must be located immediately adjacent to an occupied commercial building, whether freestanding or within a commercial retail center, and only within the building envelope extending from one end of the building front to the other end, with such depth to still allow a minimum five-foot unobstructed walkway parallel to the building front wherein neither the mobile conveyance unit operator nor the customers occupy or obstruct any portion of a driving aisle, landscaped area, fire lane, or doorway entrance/exit.
4. No building front vending shall be allowed by more than two nonmotorized mobile food units at a time per parcel. (23-10, Added, 11/21/2023)