5.30.020 Operating Regulations and Requirements.
In addition to any other applicable laws or regulations, Mobile Food Vendors must comply with the following regulations and requirements while operating within the City:
(A) Location. Mobile Food Vendors may vend on public or private property in accordance with this chapter.
(1) Movement Required. Mobile Food Units are prohibited from remaining at a single vending location for more than ten (10) hours out of any twenty-four (24) hour period during which vending from the Unit occurs at such location.
(2) Distance from Restaurants. No Mobile Food Vendor may vend on public or private property within a one hundred fifty foot (150') radius from a brick and mortar restaurant during such restaurant’s posted hours of operation unless the Mobile Food Truck Vendor has written permission from the restaurant owner and maintains a record of such permission in its Unit for inspection.
(3) Flow of Traffic and Pedestrians. Mobile Food Units may not be parked on public or private property where a line of customers would hinder the flow of traffic on any street, the flow of bicycles within any bike lane or route, or the flow of pedestrians along any sidewalk.
(4) Accessible Routes. No accessible route providing access to persons with disabilities may be blocked or reduced to less than five feet (5') in width. If any such hindrance occurs, the Vendor must either (a) instruct customers to move to a safe location outside of the flow of traffic, bicycles, and pedestrians, (b) temporarily stop vending from its Unit, or (c) move its Unit to a different location.
(5) Paved Surfaces. All Mobile Food Vendor operations must occur on paved surfaces constructed in accordance with Section 18.30.160.
(B) Sale of Alcoholic Beverages. Mobile Food Vendors are prohibited at all times from selling or offering for sale alcoholic beverages.
(C) Signage. Except as otherwise provided herein, no sign or device prohibited by Section 18.50.190 may be erected, placed, installed, and/or maintained in association with a Mobile Food Unit. Signage mounted on a Mobile Food Unit shall not exceed the dimensions of the Unit by more than one foot (1') in any direction. No sign on a Mobile Food Unit may be illuminated. A maximum of one (1) detached “A” Frame Sign may be permitted with a maximum area of eight (8) square feet and a maximum overall height of four feet (4'). “A” Frame Signs must be located within fifteen feet (15') of their associated Unit and may not interfere with vehicle access, pedestrian movement, or handicap-accessible routes to and around the Unit. A minimum access width of five feet (5') must be maintained along all sidewalks and building entrances accessible to the public. “A” Frame Signs may only be used during the hours their associated Unit is conducting business.
(D) Lights. No flashing lights or attention-attracting devices (as defined in Section 18.50.190) are permitted on or in association with the use of a Mobile Food Unit. No direct light may be shined on adjacent property or cause a glare or distraction for vehicles, bicycles or pedestrians from a Mobile Food Unit.
(E) Accessory Structures. Unless otherwise provided in this section, no tables, chairs, or other accessory structures may be erected by a Mobile Food Vendor outside of a Mobile Food Unit.
(F) Trash and Recycling. Trash and recycling receptacles shall be provided with each Mobile Food Unit. Such receptacles must be attached to the Unit or located within fifteen feet (15') of the Unit and cannot interfere with vehicle access, pedestrian movement, or handicap-accessible routes to and around the Unit. A minimum access width of five feet (5') must be maintained along all sidewalks and building entrances accessible to the public.
(G) Restoration of Site. Immediately upon cessation of vending, the Mobile Food Vendor shall return the site to its previous condition, including the removal of all litter, repair of any damage, or other evidence of the vending. If the site is not returned to its previous condition, the City will restore the site at the expense of the vendor.
(H) Exemptions. The regulations and requirements in this section shall not apply to the following activities:
(2) Caterers licensed under Chapter 7.10;
(3) Vendors selling as part of a City Approved Event;
(4) Vendors selling at the Olathe Farmers’ Market;
(5) Vendors selling on public or private school property with the permission of any such school;
(6) Vendors selling pursuant to an approved preliminary or final site development plan or a temporary sales and events permit. (Ord. 23-02 § 2, 2023; Ord. 15-17 § 1, 2015.)