§ 78-97. Conduct and requirements.

(a)

No mobile food vendor shall conduct business or operate in the public right-of-way unless otherwise invited or permitted pursuant to subsection (d) below.

(b)

Mobile food vendor(s) shall only be permitted to operate at mobile food vendor events or at private events not accessible or open to the general public and solely for guests or other designated individuals. For events involving mobile food vendors on other than public property, the owner of the private property in question, or his or her designee, must provide written consent to the community development agency director or his/her designee to include the dates and times and specific location for such temporary use.

(c)

When operating on public property, a mobile food vendor shall maintain and demonstrate to an individual specified in subsection (d) below, proof of a $1,000,000.00 liability insurance policy issued by an insurance company licensed to do business in Georgia, protecting the mobile food vendor, the public, the health department, and the county, or such other public entity with control or ownership of the subject property, from all claims for damage to property and bodily injury, including death, which may arise from operation under or in connection with the license. Such insurance shall name the county or other public entity as an additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days advanced written notice to the individual in subsection (d) responsible for the operation of the mobile food vendor on the subject property. The provisions of this paragraph shall not be construed as a waiver of any immunity available to the health department, the county or such other public entity at law.

(d)

Any operation(s) on county or other public property must be at the request or invitation or with the permission of an authorized official, department head, director, manager or employee of such public entity with oversight or control of the property in question ("authorized individuals"). The authorized individuals shall obtain the indemnification required in subsection (e) below, verify proof of the insurance required in subsection (c) above and provide to the community development agency director or his/her designee written verification of the same. The authorized individuals shall also provide to the community development agency director or his/her designee written consent for the mobile food vendor to operate on the subject property including the date(s), time(s) and specific location(s) for such temporary operation on the public property in question.

(e)

Any mobile food vendor with authorization, permission or an invitation to operate on county or other public property or at a county-sponsored event shall execute an indemnity agreement, in a form acceptable to the county attorney or his/her designee, indemnifying and releasing Cobb County or such other public entity with control and oversight of the property in question, its agents, employees, volunteers, officials, and elected officials from any and all liability for any and all claims, actions and suits of any type whatsoever. This provision shall not be construed to waive any immunity available to the county or any other public entity.

(f)

A mobile food vendor shall not create sounds, play music or make announcements to call attention to the mobile food vehicle either while traveling on the public rights-of-way or when the vehicle is stationary. At all times the mobile food vendor shall comply with the Cobb County noise ordinance, article VII of chapter 50 of this Code.

(g)

Mobile food vending units shall not be left unattended or stored at any time on an open vending site when vending is not taking place or during restricted hours of operation.

(h)

The mobile food vendor shall comply with all state, federal and local health and safety regulations and requirements, shall comply with all provisions of this Code of Ordinances, and shall obtain and maintain any and all licenses required by any other health, or governmental organization or entity having jurisdiction over this subject matter.

(i)

The mobile food vendor may sell food and non-alcoholic beverage items only.

(Amd. of 2-25-14; Amd. of 7-22-14; Amd. of 7-28-15)