21.080 Food Truck Licensing and

Regulation. (New 05/13/14; Amended 08/26/14, 4/10/18, 2/23/21; 10/11/22) A. Purpose and Intent. The operation of food trucks poses certain challenges to the public health, safety and welfare. It is the purpose and intent of this Chapter to provide clear and concise regulations, to comply with Utah Code Ann. 11-56-101 et seq., to prevent hazards to safety, traffic, and health, and to preserve the peace, order, and welfare of the community. B. Definitions. As used in this section: 1. “Event permit” means a permit that Lehi City issues to the organizer of a public food truck event located on public property. 2. “Food cart” means a cart that is not motorized and that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption. 3. “Food truck” means a fully encased food service establishment on a motor vehicle or on a trailer that a motor vehicle pulls to transport and 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. “Food truck” does not include a food cart or an ice cream truck. 4. “Food truck event” means an event where an individual has ordered or commissioned the operation of a food truck at a private or public gathering. 5. “Food truck operator” means a person who owns, manages, or controls, or who has the duty to manage or control, the operation of a food truck. 6. “Food truck vendor” means a person who sells, cooks, or serves food or beverages from a food truck. C. Business License Application; Inspections. 1. Application to operate a food truck in Lehi City shall follow the requirements set forth in Title 4 of the Lehi City Municipal Code. 2. Each food truck operator applying for a business license or renewal shall submit with the application: (a) a valid annual fire safety inspection form from a Utah Fire Department for each food truck intended to be operated in the City, and (b) a valid annual health department food truck permit from the local health department with jurisdiction over the area in which the majority of the food truck’s operations takes place. 3. No separate license or fee is required beyond the initial business license and fee for the operation of a food truck in more than one location or on more than one day within the City in the same calendar year. 4. In accordance with Utah State Code Section 11-56-103, the City shall not require a Lehi City business license to operate a food truck within the City if a food truck operator has obtained a business license to operate a food truck in another political subdivision within the State. The food truck operator shall present to the City: (a) a current business license from the other political subdivision; (b) a current health department food truck permit from a local health department within the state; and (c) a current approval of a political subdivision within the state that shows that the food truck passed a fire safety inspection that the other political subdivision conducted in accordance with Utah Code Ann. 11-56104(4)(a). 5. When the Lehi City Fire Department inspects a food truck for fire safety, the inspection shall be based on the criteria that the Utah Fire Prevention Board establishes in accordance with Utah Code Section 53-7-204. The City may revoke its approval of another political subdivision’s fire safety inspection if the operation of the related food truck within the City fails to meet the criteria established by the Utah Fire Prevention Board. D. Food trucks are permitted as a temporary use subject to the following: 1. Food trucks shall not be parked in a manner that impedes vehicular or pedestrian traffic flow or public safety. A minimum clearance of 15 feet shall be kept between the food truck and any fire hydrant, utility box, ADA accessibility ramp, or building entrance. 2. A food truck shall not park on any landscaped parking strip. 3. Food truck operators shall provide written notice to the Lehi Parks Director a week prior to operating in or adjacent to a City park or public facility. 4. Food trucks are not subject to Lehi City Development Code Section 21.040, Permit Duration Requirements. 5. Food trucks shall not be operated on public streets where the speed limit exceeds 35 miles per hour, or at locations that are otherwise deemed hazardous by Lehi City, unless the roadway or location has been closed to vehicular traffic for a public event. 6. All business related to food trucks shall be of a temporary nature. (a) The standard duration shall not extend for more than twelve hours within a 24-hour period at any one location, nor for more than five consecutive days within a seven-day period. Any use of commercially zoned private property will require the prior written consent of the property owner. (b) After review by the Zoning Administrator or designee, a food truck operation may occur for an extended duration at the same location and remain on commercially zoned private property for up to five months. After the completion of five months, the operator may reapply for up to an additional seven months at the same location. Additional time beyond the first year may be allowed subject to reapplication every six months. At the time of reapplication, the proposed use will be reviewed by City Staff to address any concerns with traffic, parking, maintenance, or other issues. Any use of commercially zoned private property will require the prior written consent of the property owner. 7. Food trucks shall be parked lawfully on public rights-of-way. Food trucks shall be parked so that neither the vehicle nor the customers interfere with public access to adjacent parking stalls, or to driveways or entrances of existing buildings or uses. 8. At no time may a food truck vendor serve food to vehicles in a drive through manner or while the food truck is in motion. 9. A food truck operator shall not back a food truck to make or attempt an immediate sale. 10. Each food truck operator shall ensure that its use of the right-of-way, including the sidewalk, in no way interferes with or limits sidewalk users’ free and unobstructed passage. 11. All food trucks shall be removed from the public right-of-way at the close of each business day. 12. When parked on a public street, a food truck shall have its vending window face the sidewalk or private property unless the street has been closed to vehicular traffic for a public event. 13. A food truck vendor shall not vend to a person standing in the roadway unless the roadway has been closed to vehicular traffic for a public event. 14. Food truck operators and vendors shall comply with Lehi City Municipal Code Title 5, Chapter 3, Noise Control. E. Design and Operation Guidelines. Food truck operators and vendors shall comply with the following design and operation requirements: 1. The grounds utilized by a food truck operator shall at all times be kept clean. Trash and recycling containers shall be provided for use by the business patrons. If a food truck operates on or adjacent to a public right-of-way, that food truck operator shall, prior to leaving the location, clean up all litter dropped or discarded onto the public right-of-way and adjacent private properties. All garbage shall be disposed of properly. It is illegal to discharge or dispose of any substance, material, food, or waste into the storm drain system. Food truck operators shall dump their garbage into dumpsters which they have consent to use or they shall transport their garbage out of the City. 2. Canopy extensions shall not project onto or over a public sidewalk or any part of the public right-of-way in a way that impedes pedestrian passage or is lower than seven feet measured from the lowest portion of the canopy to the sidewalk or ground surface. 3. Walled enclosures, whether hard or soft, are not allowed. Chairs and tables are not allowed in the public right of-way. 4. Auxiliary power required for the operation of the food truck shall be self-contained. No use of power or water located on private property shall be allowed without consent from the owner or the owner's authorized designee. 5. Food trucks shall, at all times, comply with all applicable laws regulating motor vehicles. 6. Signs may be used by a food truck operator at the premises provided they are physically attached to the vehicle. In addition, a two-foot by threefoot A-frame or T-frame sign may be placed within twelve feet of the food truck, but not in a roadway, provided it does not interfere with other food trucks, activities, or sidewalk users’ free and unobstructed passage. F. Food Truck Events. 1. A food truck operator is not required to obtain from Lehi City an event permit to operate a food truck at a food truck event that takes place on private property within the City, regardless of whether the event is open or closed to the public. 2. If the food truck operator has a business license from any political subdivision within the state, the food truck operator is not required to obtain from the City an additional business license to operate a food truck at a food truck event that takes place on private property and is not open to the public. 3. During City-sponsored special events, the City may prohibit food truck operations within the public right-of-way or such areas as the City may deem appropriate. 4. Food truck vendors at special events shall be governed by this chapter except as specifically provided otherwise by the special event permit or such other applicable ordinance, policy or executive order. As long as the public right-ofway remains open to the general public, authorization of food trucks at special events shall not require removal of a permittee from operating within an otherwise lawfully occupied location or a mutually acceptable adjacent alternative location during the special event, unless otherwise provided under City ordinances. If the City closes a public right-of-way to general access to accommodate a special event, a food truck operator shall not access that right-of-way unless specifically authorized by the City. G. Enforcement Authority. City law enforcement officers may require any food truck operator who is not known by such officer to be duly licensed, to produce their business license. Such officers shall enforce the provisions of this chapter against any person found to be violating the same. H. Violation; Penalty. Any person violating any provision of this section shall be guilty of a class C misdemeanor.