HomeMy WebLinkAboutORD 7342 TO AMEND TITLE SIX, BY ADDING SECTIONS 9 THROUGH 15, TO DEFINE FOOD TRUCKSORDINANCE NO. 72 "
AN ORDINANCE TO AMEND TITLE SIX, CHAPTER FIVE, BY ADDING
SECTIONS 9 THROUGH 15, TO DEFINE FOOD TRUCKS, TO PROVIDE
REGULATIONS FOR ISSUING BUSINESS TAX CERTIFICATE, TO
PROVIDE FOR INSPECTION OF THE VEHICHLE BY THE AUGUSTA
FIRE DEPARTMENT, TO REPEAL ALL CODE SECTIONS AND
ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES
IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
WHEREAS, the proposed amendment to the Augusta Code will allow the
operation of Food Trucks on commercially zoned private property with permission
of the property owner.
THE AUGUSTA, GEORGIA COMMISSION hereby ordains as follows:
SECTION 1. TITLE 6, CHAPTER 5, is hereby amended by adding Sections 9
through Section 15 as set forth in "Exhibit A" hereto.
SECTION 2. This ordinance shall become effective upon its adoption in
accordance with applicable laws.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Adopted this day of, 2012.
Attest:
1 1,41/
Lena J. Bo ler, Clerk of Commission
Seal:
David S. Copenhaver
As its Mayor
§ 6 -5 -12. Safety and Utilities:
a) Temporary connections to potable water are prohibited. All plumbing and electrical
connections shall be in accordance with the Building Code.
b) Grease is to be disposed of in recyclable grease container at an existing restaurant or
commissary (not in dumpsters or storm drains).
c) Grey water to be disposed of in the sanitary sewer at an existing restaurant or commissary
(no open dumping or into storm drains) per Augusta Utility Department regulations.
d) Food Trucks must comply with Augusta Fire Department regulations found in NFPA 96
Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations
2004 Edition. General requirements under NFPA 96 section 4.1.1 stipulate that cooking
equipment used in processes producing smoke or grease -laden vapors shall be equipped
with an exhaust system that complies with all the equipment and performance
requirements of this standard. Cooking equipment that produces grease -laden vapors and
that might be a source of ignition of grease in the hood, grease removal device, or duct
shall be protected by fire- extinguishing equipment. The Augusta Fire Department will
inspect for compliance before a Business License will be issued.
§ 6 -5 -13. Nuisance Prevention:
a) The Food Truck vendor shall not operate the Food Truck as a drive -in window.
b) The noise level from the Food Truck motor and generator must comply with the Noise
Ordinance.
c) A trash receptacle shall be provided for customers. The Food Truck vendor and property
owner shall be responsible for daily cleanup and proper disposal of litter.
d) If the Food Truck is proposed to operate after dark, the Food Truck vendor shall provide a
lighting plan which includes use of shielded fixtures and shall not include spotlights. No
source of illumination shall be directly visible from any public right -of -way, from any
residential district, or from adjacent properties, and shall be designed and installed in a
manner that minimizes upward light pollution. A combination of shielding, screening and
directing the lighting away from areas beyond the vehicle sign, together with the use of
landscaping, if available, to soften the impact of reflected light, shall be used.
e) No signage shall be allowed other than:
• signs permanently attached to the motor vehicle; and
• a portable menu sign no more than 6 square feet in display area may be placed on
the ground in the customer waiting area.
§ 6 -5 -14. Supplemental Use Regulations:
a) Food truck vendors shall comply with all local, county and state retail sales tax
regulations.
b) These location requirements shall not apply in any respect to food vending at any
Augusta- Richmond County sanctioned festival, arts and crafts exhibits or other similar
sanctioned events.
§ 6 -5 -15. Penalty for violation of article.
All persons, firms or corporations failing to comply with the mandatory provisions of this article
or doing any act prohibited in this article shall be guilty of an offense, and, upon trial as a
misdemeanor and conviction, shall be punished as provided in section 1 -6 -1 of this Code.
Article 3
Food Trucks
§ 6 -5 -9. Defined.
Food Truck means a licensed, readily movable motorized wheeled vehicle or trailer, which is
temporarily stored on a premise where food items are sold to the general public. Included in the
definition are vehicles & equipment defined as "Mobile Food Service Unit" and/or Extended
Food Service Unit contained and amended in Rules of Department of Human Resources Public
Health Chapter 290 -5 -14 Food Service.
§ 6 -5 -10. Business Tax Certificate Required.
a) The Food Truck vendor must obtain an annual Business Tax Certificate. During the Food
Truck's hours of operation, the vendor shall display the current Business Tax Certificate
(business license) and Richmond County Health Department issued Georgia Department
of Public Health Mobile Food Service Permit, and must have in the truck written
authorization from the property owner for food vending.
b) Prior to a Business License being issued the Food Truck vendor shall be approved by the
Richmond County Health Department or the Georgia Department of Agriculture if selling
commercially packaged food.
c) The Augusta Fire Department will inspect for compliance with the NFPA 96 Standard for
Ventilation Control and Fire Protection of Commercial Cooking Operations 2004 Edition
prior to a Business License being issued.
§ 6 -5 -11. Location Requirements
Location: Food Trucks shall locate on privately owned lots zoned B -1, B -2, LI, or HI with all -
weather surface (or gravel) parking areas, accessible by emergency vehicles, and having at least
ten (10) legally designated parking spaces, subject to the approval of the property owner and
subject to the following;
a) the Food Truck shall be positioned at least 50 (fifty) feet from the customer entrance of
an existing restaurant during its hours of operation;
b) the Food Truck shall be positioned on designated parking spaces and shall not block drive
aisles, other access to loading /service areas, or emergency access and fire lanes;
c) no Food Truck shall be located within a building setback or landscape buffer;
d) the Food Truck must be positioned at least 15' away from fire hydrants, driveway
entrances, alleys, handicapped parking spaces, tree trunks, and vegetation;
e) Food Trucks shall not be located within 100 feet of gas pumps, underground gas storage
tanks and vent pipes;
f) Food Trucks may not be located in any portion of a parking lot when and where such
location would prevent the use of parking spaces during the regular hours of operation of
the primary business on the lot, or otherwise interfere in a significant way with the
movement of motor vehicles;
g) cooking off the vehicle with a grill is prohibited;
h) no seating shall be provided; high -top tables are allowed.
i) permitted tents, and vehicle mounted roll -out awnings are allowed, and;
j) vehicle must vacate premises and return to base of operation daily.