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ORD NO 08-2017 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 451 - 2017 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED. AN ORDINANCE AMENDING THE ESTABLISHED PROCEDURES FOR RESIDENTS OF THE CITY OF VAN BUREN, ARKANSAS, TO OPERATE A COMMERCIAL TRAILER AND MOBILE VENDING UNIT; AND DECLARING AN EMERGENCY. WHEREAS, it has been determined by the City Council that there is a need to amend the current regulations for commercial trailers and mobile vending units within the City of Van Buren; and WHEREAS, notice of a Public Hearing was duly published, and a Public Hearing was conducted by the Van Buren Planning Commission to consider amending the current commercial trailer and mobile vending unit procedures. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1. Amendments to the commercial trailer and mobile vending unit regulations are hereby set forth in attachment"A" hereto. SECTION 2. The passage and approval of these permit procedures will protect the health, safety, and or/welfare of the City and its citizens. SECTION 3. Should any portion of this ordinance be Unconstitutional or invalid and so declared by a court of competent jurisdiction, then the remainder of this ordinance shall not be affected by such partial invalidity. SECTION 4 The Van Buren City Council has determined that an emergency exists and that the immediate adoption and enforcement of this Ordinance being necessary for the public peace, health, safety and welfare, the provisions hereof shall be in full force and effect from and after its passage. IN WITNESS WHEREOF, the City of Van Buren, Ar. .nsas, by its City Council, did pass, approve, and adopt, by a vote of Cp for and 0 a:ainst, the foregoing e rdinance at its regular meeting held on the 15th day of May 2017. .___� Robert Cal -- '• . • Mai ATTESTED: PPROVE 0 • 1 FORM: Aged%k Phy lis Thomas .. •• . " grip •. City Clerk/Treasurer City Attorney (it of Mtn uren trkana 1003 Broadway • Van Buren, Arkansas 72956 Changes approved by Planning Commission Added after Planning Commission Approval Van Buren, Arkansas - Commercial Trailer and Mobile Vending Unit Permit Commercial Trailer and Mobile Vending Unit Permit -The City Clerk may issue a commercial trailer and mobile vending unit permit for requests to utilize a trailer, vending stand, or other transportable structures not permanently attached to the ground for the preparation and sale of food, beverage, and/or merchandise under the following criteria: 1. The mobile unit vendor shall operate in full compliance with the City Clerk issued permit, unless associated with a City-approved festival or special event (see Special Exemptions section). The permit is subject to an annual renewal. During all business activities, the vendor shall display the permit in a conspicuous location,legible to customers and City code enforcement officials. • . • , -- 2. -2. The commercial trailer or mobile vending unit may be located in any C-1 (Central Commercial District) or C-2 (Thoroughfare Commercial District) zone. The permitted uses must conform to the setback, signage, and parking requirements of the districts in which they are located. 3. When applicable, a State Health Department approval letter, or other appropriate document, shall accompany the permit application. 4. Such permits are subject to a fee established by the City Council. 5. Permit requests for the same facilities, on the same site, shall not be considered by the 5. The mobile food unit vendor shall not park on or operate on the same site, parcel or parking lot for more than 120 days in a calendar year. 6. The mobile vendor must register with the City Advertising& Promotion Commission regarding vendors' collection and remittance of the City's sales tax that is levied on the sale of prepared food. Failure to register and remit this tax will result in revocation of the vendor's license. 1. The City Clerk may issue a commercial trailer and mobile vending unit permit to • long term basis. City Planning Commission. Commercial District) or C 2 (Thoroughfare Commercial District) zone. The permitted 11. When applicable, a State Health Department approval letter, or other appropriate • - • - -••• • - . .•- o a fee established by the City Council. City Clerk within the same calendar year. Nonconforming Trailers,Vending Stands, and Transportable Structures Any trailer, vending stand, or other transportable structure not permanently attached to the ground for the preparation and sale of food, beverage, and/or merchandise that have been in existence and which have been legally operating at the time of this requirement shall continue to operate until their current city privilege license expires. Once that license has expired, and the vendor requests to remain in operation, the vendor shall apply for a commercial trailer and mobile vending unit permit. Special Exemptions and Prohibited Activity 1. Sidewalk sales that are located at the front entrance to the building structure, and not in parking areas not along public right of ways shall be exempt if the products sold are part of the principal use of the commercial property. Inventory sales shall satisfy all applicable building setbacks for the associated Zoning District. 2. Vendors participating in the farmers' market as expressed in Ordinance 14-2008, as amended, shall be subject to the Farmers Market organization's approval process for vendors participating in the Market. amended, shall be exempt. 3. Vendors participating in a City of Van Buren approved downtown Main Street food truck court. 4. Festivals and events conducted on Main Street, in downtown (Old Timers' Day, Fall Festival, Living Local, etc.), shall be exempt from having to secure this permit from the City Clerk. These are festivals and events are under the authority of The Old Town Van Buren Merchants Association, Van Buren Original (VBO), the Van Buren Chamber of Commerce and/or other City approved festivals and events. All festivals and events shall be approved by the City of Van Buren. 4. Festivals and events conducted en downtown on Main Street,(Old Timers' Day, Fall Festival, Li ' g Local, etc.), shall be exempt; such as festivals and events under the authority of The Old Town Van Buren Merchants Association, Van Buren Original (VBO), and/or the Van Buren Chamber of Commerce. All festivals and events shall be approved by the City of Van Buren. 5. Mobile food vending units and food cooking operations and facilities located outdoors, and not contained within an existing, permanent building, are prohibited within the Van Buren Main Street Historic District, unless associated with and part of the farmers market, the City approved food court, or City approved festivals and events.