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3-11-1: - ADOPTION OF STATE STATUTE:#
A.
Riverdale City incorporates herein the provisions set forth in Utah Code 11-560 et seq., Mobile Business Licensing and Regulation Act.
B.
All provisions of this local chapter not precluded by the Utah, shall supersede said Act, provided said local regulations do not conflict with the provisions of said Act.
(Ord. 901, 8-7-2018; Ord. No. 989, § 2(Att.), 11-19-2024)
3-11-2: - DEFINITIONS:#
BUSINESS LICENSE ORIGIN: The original municipality, or political subdivision, within the State of Utah, for which the business collects and pays Sales Tax.
ENCLOSED MOBILE BUSINESS: A business that maintains ongoing mobility and of which the receipt of goods or services offered and point of sale occurs within an enclosed vehicle, an enclosed trailer, or an enclosed mobile structure. a.
An enclosed mobile business's goods or services include those offered in the following industries:
(i)
Barber;
(ii)
Beauty and cosmetic, including nail, eyelash, and waxing;
(iii)
Cycling;
(iv)
Cell phone;
(v)
Computer;
(vi)
Footwear;
(vii)
Media archive and transfer;
(viii)
Pet grooming;
(ix)
Sewing and tailoring;
(x)
Small engine; and
(xi)
Tool.
b.
Enclosed mobile business does not include a food cart, food truck, or ice cream truck.
EVENT PERMIT: A permit that a political subdivision issues to the organizer of a mobile business event located on public property.
FOOD CART: means a cart: a.
That is not motorized; and
b.
That a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption.
c.
Food cart does not include an enclosed mobile business, a food truck, or an ice cream truck.
FOOD TRUCK: A fully encased food service establishment: A.
On a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
B.
From which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption.
C.
Food truck does not include vending carts or mobile ice cream vendors.
FOOD TRUCK EVENT: An event where an individual has ordered or commissioned the operation of a food truck at a private or public gathering.
FOOD TRUCK RALLY: A private or public parcel of land where two (2) or more mobile food businesses congregate to: A.
Prepare, cook, sell, or serve food or beverages for human consumption.
B.
Food truck rally shall not include special events.
ICE CREAM TRUCK: A fully encased food service establishment: a.
On a motor vehicle or on a trailer that a motor vehicle pulls to transport;
b.
From which a vendor, from within the frame of the vehicle, serves ice cream;
c.
That attracts patrons by traveling through a residential area and signaling the truck's presence in the area, including by playing music; and
d.
That may stop to serve ice cream at the signal of a patron.
e.
"Ice cream truck" does not include an enclosed mobile business, a food cart, or a food truck.
MOBILE BUSINESS: An enclosed mobile business, a food cart, a food truck, or an ice cream truck.
MOBILE BUSINESS OPERATOR: A person who manages, controls, or who has the duty to manage or control, the operation of a mobile business vehicle.
MOBILE BUSINESS OWNER: A person who owns and/or holds the actual title to the mobile business vehicle.
POLITICAL SUBDIVISION: A city or town, or a county as it relates to the licensing and regulation of businesses in unincorporated areas of the county.
TEMPORARY MASS GATHERING: A.
An actual or reasonably anticipated assembly of five hundred (500) or more people that continues, or reasonably can be expected to continue, for two (2) or more hours per day; or
B.
An event that requires a more extensive review to protect public health and safety because the event's nature or conditions have the potential of generating environmental or health risks.
(Ord. 901, 8-7-2018; Ord. No. 989, § 2(Att.), 11-19-2024)
3-11-3: - MANDATORY MINIMUM REQUIREMENTS FOR MOBILE BUSINESSES:#
A.
A current business license in good standing to operate a mobile business in a political subdivision within the State;
B.
If required, a current Health Department permit from a local Health Department within the State in accordance with Utah Code 11-56-104(l)(a); and
C.
If required, a current approval of a political subdivision within the State that shows that the mobile business passed a fire safety inspection that the other political subdivision conducted in accordance with Utah Code ee 11-56104(43) (a).
D.
Current compliance with all local, State and Federal laws and requirements.
(Ord. 901, 8-7-2018; Ord. No. 989, § 2(Att.), 11-19-2024)
3-11-4: - GENERAL USE REGULATIONS:#
All mobile businesses shall adhere to the following regulations: A.
All mobile businesses shall conduct business on private property, unless in the following cases:
1.
In conjunction with a City sponsored event; or
2.
In conjunction with a City approved special event as outlined in chapter 10, "Special Events", of this title.
B.
The mobile business shall be occupied by the owner, operator or employee, at all times.
C.
All mobile businesses shall adhere to the following location and parking requirements:
1.
Parking: All mobile businesses shall park on a hard surface of either asphalt or cement, unless otherwise allowed by ordinance.
2.
Traffic Hazard: No mobile business, or customer of a mobile business, may block or obstruct a driveway or an entrance of an existing building, or be parked in such a manner that results in a traffic hazard.
3.
Circulation: No mobile business shall interfere with the internal parking lot circulation that creates a hazard or dangerous situation.
4.
Public Right-Of-Way: No mobile business shall use the public right-of-way, unless otherwise allowed by ordinance.
5.
Auxiliary Power: Any auxiliary power required for the operation of the mobile feed business shall be self-contained.
6.
Portable Structures: No use of any tents, tables or other portable structures are allowed if it restricts the flow of pedestrians or vehicular traffic.
7.
Lighting: Any lights used to illuminate the premises shall be installed in such manner that the source of light shall be suitably screened to avoid annoying illumination of lands outside said premises. No lighting may be used in any way which will penetrate onto any adjoining property used for residential purposes, or in any manner constituting a nuisance.
8.
Sound: No person shall operate or aid in the operation of private radios, stereophonic or sound amplification devices at a greater operating level than eighty six (86) decibels measured at a distance of twenty five feet (25') from such radios or devices or exceed a noise level of sixty two (62) decibels except by permit in designated areas or as defined and enforced under the city's nuisance ordinance or permit policy.
9.
Others: All other local, State or Federal laws, rules or regulations.
D.
All mobile businesses shall adhere to the following standards:
1.
All mobile businesses shall maintain and display a current, non-expired business license with a political subdivision within the state.
2.
No signage shall be allowed except those painted or affixed directly on the mobile business.
3.
All mobile business vehicles shall maintain a valid Utah vehicle registration.
4.
All mobile businesses shall be responsible for the trash within the proximity of their parked mobile business vehicle.
E.
Any food truck rally that evolves into a temporary mass gathering, as determined by Riverdale City, shall be regulated in conjunction with chapter 10, "Special Events", of this title.
(Ord. 901, 8-7-2018; Ord. No. 989, § 2(Att.), 11-19-2024)
Editor's note— Ord. No. 989, § 2(Att.), adopted Nov. 19, 2024, repealed §§ 3-11-4 and 3-11-5, which pertained to food truck permit application procedure and renumbered the former §§ 3-11-6, 3-11-7 as §§ 3-11-4, 3-11-5. The repealed sections derived from Ord. No. 901, adopted Aug. 7, 2018.
3-11-5: - PENALTY:#
Any mobile business that fails to comply with any City, County, State and/or Federal laws shall be subject to the immediate revocation of the business license and/or permit as outlined in section 3-1-12 et seq., of this title.
(Ord. 901, 8-7-2018; Ord. No. 989, § 2(Att.), 11-19-2024)
Editor's note— See editor's note at § 3-11-4.