Chapter 8.11
MOBILE FOOD SERVICE
Sections:
8.11.010
Applicable state law incorporated
8.11.040
License--Application--Contents
8.11.050
License--Application--Referral--Fees.
8.11.060 Applicability and incorporation by reference of sections
of Chapter 8.08.
8.11.010 Applicable state
law incorporated. All statutes of the State
of Alaska and any rules or regulations adopted by any state agency pertaining
to public nuisances, food and food service establishments, public health and
public sanitation applicable to a mobile food service, with particular
reference but not limited to, Titles 17 and 18, Alaska Statutes, as amended,
are incorporated by this reference as though fully set forth in this chapter. (Ord. 83-10(S) §1(part), 1983).
8.11.020 Definition. For the purpose of this chapter, "mobile food
service" means a self-contained food service establishment that is
designed to be readily moveable from location to location, without being
permanently affixed to any site or permanently connected to any water or sewer
utility service. (Ord. 84-36 §4, 1984).
8.11.030 License--Required. No person may operate a mobile food service as defined in this
chapter within the City without first obtaining a mobile food service license
from the Homer Police Department. (Ord. 01-20, §2, 2001;
Ord. 92-21 (part), 1992; Ord. 83-10(S) §1(part), 1983).
8.11.040
License--Application--Contents. Every
application for a mobile food service license shall contain the information
Required for applications for a license under Section 8.08.030 and, in addition,
every applicant shall submit:
a. Proof satisfactory to the Homer Police Department that the applicant has
obtained the necessary licenses and permits from all governmental agencies
having jurisdiction over such business. The applicant shall submit a copy of
his state business license with the application.
b. Documentary proof the Homer Police Department indicating that the mobile
food service is covered by liability insurance as follows: 1. Personal injury
(each occurrence), one hundred thousand dollars;
2. Aggregate products (each occurrence), one hundred thousand dollars;
3. Property damage (each occurrence), fifty thousand dollars.
c. In addition to such proof of insurance, the
applicant shall agree in writing to hold the City harmless against all claims
of whatever king including any legal defense costs resulting from the business
activities carried on under the mobile food service license. (Ord.
01-20, §2, 2001; Ord. 92-21 (part), 1992; Ord. 83-10(S) §1(part),
1983).
8.11.050
License--Application--Referral--Fees. a. Upon
receipt of the application described in Section 8.11.040, the original shall be
referred to the Chief of Police or designee who shall carry out an
investigation, and approve or disapprove such application under the procedures
set forth in Section 8.08.040.
b. For each license issued under this chapter, the fee
shall be one hundred thirty dollars annually. A twelve-dollar per month
discount for the unused portion (counting from the beginning of the year) shall
be granted. All licenses expire on December 31st of the year issued. (Ord. 01-20, §2, 2001; Ord. 83-10(S) §1(part), 1983).
8.11.060
Applicability and incorporation by reference of sections of Chapter 8.08. Sections 8.08.050, 8.08.070, 8.08.080, 8.08.090, 8.08.100,
8.08.110, 8.08.120 and 8.08.140 are incorporated by this reference and shall
apply to licenses obtained under this chapter. (Ord. 83-10(S)
§1(part), 1983).
8.11.070 Conduct of business. a. A mobile food service may be
operated in conformity with the Homer Zoning Code, from:
1. Private property or leased land, provided the owner or lessor
has first granted permission in writing to the operator.
2. Public streets, alleys or rights-of-way at least fifteen feet from the
traveled portion thereof, for a period not exceeding twenty-four hours. The
Chief of Police or designee may grant permission to operate for a longer period
of designated time.
b. A mobile food service may not be operated in front of or immediately
adjacent to an established business offering the same or similar commodities
from a fixed location; unless a designated vendor parking area has been named.
c. No person may operate a mobile restaurant inside the boundaries of a
municipal park or campground unless such operation is permitted under ordinance,
regulation or other lawful authority.
d. On the Homer Spit, no licensee shall be permitted
to operate in any congested area, to include areas designated as public
parking, campgrounds, parks or open space or where his operation might impede
or inconvenience the public. (Ord. 01-20, §2, 2001; Ord.
90-19(A) §2, 1990; Ord. 84-36 §5, §6, 1984; Ord. 84-12 §2, §3,
1984; Ord. 83-10(S) §1 (part), 1983).
8.11.080 Violation--Penalty. The violation of any provision of this chapter shall be
punished under Section 1.16.010. (Ord. 83-10(S) §1
(part), 1983).