§ 86-520. Restaurant, mobile.

(a)

Mobile restaurants in the R-1 and R-2 districts may operate only when sponsored for a specific event by a church or other non-profit organization holding an exemption letter from the Internal Revenue Service and with prior approval by designated town staff. The mobile restaurant shall obtain a temporary mobile restaurant permit and provide evidence of such sponsorship including a description of the event and duration thereof. Mobile restaurants shall be subject to all of the requirements of subsections (b) and (c) below as they are applicable.

(b)

Requirements for mobile restaurants.

(1)

Mobile restaurants must obtain a mobile restaurant permit. The permit shall not be transferable to a new owner of the unit. The permit is valid for 12 months - January to December. The permit fee shall be as stated in the Town of Altavista Master List, Rate Fees and Charges. (Initial recommended fee - $25.00 with business license $25.00 total is $50.00 to be placed in master list).

(2)

Mobile restaurants must maintain a valid business license issued by the town and a valid health permit issued by the Virginia Department of Health. These must be displayed at all times the restaurant is open for service.

(3)

Mobile restaurants shall be required to collect and remit the Town of Altavista Meals Tax as provided in town Code section 70-41, et seq.

(c)

General standards.

(1)

A mobile restaurant may operate on private property but must obtain written permission from the property owner and provide when seeking a zoning permit. The mobile restaurant owner must give the town prior notice of when they will be operating in the town limits.

(2)

No items shall be sold other than food and non-alcoholic beverages and items incidental to food and its consumption.

(3)

No music shall be played that is audible outside of the vehicle.

(4)

Mobile restaurant vehicles must park in locations or areas as approved in the mobile restaurant permit, and shall not block (i) the main entry drive aisles or affect pedestrian or vehicular circulation overall, (ii) other access to loading areas, or (iii) emergency access and fire lanes. The mobile restaurant must also be positioned at least 15 feet away from street intersections, driveway entrances, alleys, fire hydrants and handicapped parking spaces.

(5)

A mobile restaurant may operate between 7:00 a.m. and 9:00 p.m. No mobile restaurant shall operate past 9:00 p.m. A mobile restaurant and all materials associated with the business shall be removed from the location by 9:30 p.m. each day.

(6)

When open for business, the mobile restaurant operator, or his or her designee, must be present at all time, except in cases of an emergency.

(7)

No outdoor seating shall be permitted. If space is available, one covered table is permitted to provide condiments to patrons.

(8)

Temporary A-frame or T-frame signs may be displayed only when the mobile restaurant is open. The size of these signs is per section 86-641(a)(3). Signs may be displayed permanently affixed to the vehicle. No signs intended to move with air/wind shall be allowed (such as streamers, sails or wings or feather flags).

(9)

Trash receptacles shall be provided by and at the mobile restaurant and all trash, refuse, or recyclables generated by the use shall be properly disposed of in them. Trash, refuse or recyclables must be removed with the mobile unit and may not be placed in any public receptacle or public trash can on a street or public dumpster.

(10)

No liquid wastes shall be discharged from the mobile restaurant.

(11)

No mobile restaurant shall locate within 50 feet of a business that sells food for consumption (determined by measuring from the edge of the mobile restaurant to the restaurant's foundation) unless permission of the restaurant owner is provided in writing. This standard shall not apply when an established, active restaurant is closed or outside its normal operating hours or when the mobile restaurant is part of a town sanctioned event.

(12)

No mobile restaurant shall locate within 50 feet of a single-family or multi-family residential structure (determined by measuring from the edge of the mobile restaurant to the edge of the structure).

(13)

Mobile restaurant vehicles may be otherwise limited by the town depending on the location or other details of the mobile restaurant permit application.

(14)

A mobile restaurant may operate on public property at any town sanctioned event, including, but not limited to the First Saturday Trade Lot, Uncle Billy's Day, TGIF, Annual Harvest Jubilee & Wine Festival, and AOT's Food Truck Rally.

(15)

The operation of the mobile restaurant or use of a generator may not be loud enough to be plainly audible at a distance of 100 feet from the mobile restaurant. Excessive complaints about vehicle or generator noise will be grounds for the zoning administrator to require that the mobile restaurant vendor change location on the site, to move to another property or the permit may be revoked at that location.

(16)

Mobile restaurant permit may be revoked by the zoning administrator at any time due to the failure of the property owner or operator of the mobile restaurant permit to observe all requirements for the operation of mobile restaurants. Notice of revocation shall be made in writing to address of record for mobile restaurant permit holder. Any person aggrieved by such notice may appeal the revocation to the board of zoning appeals.

(Ord. of 12-11-2018(5))

(Ord. of 12-11-2018(5))