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(1) An application for a business license to conduct a mobile food business shall be filed in writing with the Provo City business license office as set forth in Section 6.01.060, Provo City Code, prior to the commencement of operation.

(2) In addition to the information required by such section, the license application shall include:

(a) the name and location of the applicant’s principal place of business, or residence if no permanent place of business exists;

(b) the number of vehicles to be used in the business, a description of each vehicle, its license plate number, vehicle identification number (VIN) and proof of insurance coverage, and safety inspection.

(c) If any of the foregoing information changes, the applicant or licensee, as the case may be, shall deliver current information to the Provo City business license office within ten (10) business days following the change.

(3) If applicable, an applicant shall also provide a certified copy of the applicant’s articles of incorporation, articles of organization, or similar document if the applicant is a corporation, limited liability company, or similar entity required to file such documents with the State of Utah or any other state for formation of the entity or before the state will treat the entity as separate from its owners.

(4) An application shall not be approved and no license shall be issued or renewed to an applicant if a criminal background check, administrative records search or application materials uncover information showing either the applicant or any driver has a record for any of the following:

(a) a conviction within the past ten (10) years of driving under the influence of drugs or alcohol; alcohol or drug related reckless driving, impaired driving, driving with any measurable amount of a controlled substance or metabolite of a controlled substance in the body, automobile homicide;

(b) any criminal conviction within the past ten (10) years for an offense involving violence, theft, possession or use of a deadly weapon, possession of controlled substances with the intent to distribute to another person or any conviction for a crime of moral turpitude; or

(c) misrepresentation of material facts in an application for a business license.

(5) A valid copy of all necessary licenses or permits required by the State or the Utah County Health Department, including, but not limited to, proof of business name and business owner’s or registered agent’s name as registered with the Department of Commerce and proof of a valid sales tax certificate from the State of Utah that includes Provo as the incorporated city where business is to be conducted.

(6) Each applicant for a license or renewal under this Chapter shall submit, with the application, a certificate of insurance executed by an insurance company or association authorized to transact business in this State, showing that there is in full force and effect, for the full term of the license, general liability insurance in an amount not less than two hundred thousand dollars ($200,000.00) for personal injury to each person, five hundred thousand dollars ($500,000.00) for each occurrence, and five hundred thousand dollars ($500,000.00) for each occurrence involving property damage; or a single limit policy of not less than five hundred thousand dollars ($500,000.00) covering all claims per occurrence. Such policy or policies shall also include coverage of all motor vehicles used in connection with the applicant’s business. A current certificate of insurance shall be kept on file with the City Recorder at all times that the applicant is licensed by the City verifying such continuing coverage and naming the City as an additional insured. The certificate shall contain a statement that the City will be given written notification at least thirty (30) days prior to cancellation or material change in the coverage. Cancellation shall constitute grounds for suspension or revocation of the license issued hereunder unless another insurance policy complying herewith is provided and is in effect at the time of cancellation/termination.

(7) A signed statement that the licensee shall hold the City and its officers and employees harmless from any and all liability and shall indemnify the City and its officers and employees from any claims for damage to property or injury to persons arising from any activity carried on under the terms of the license.

(8) Each applicant for a license or renewal under this Chapter shall submit, with the application, a valid fire inspection which includes the following requirements:

(a) All mobile food businesses shall have a currently tagged five (5) pound ABC fire extinguisher.

(b) Any mobile food business producing grease laden vapors shall have a Type I hood with an approved fire suppression system. The hood shall:

(i) Be UL listed.

(ii) Meet the applicable NFPA standards.

(iii) Be installed, and maintained in accordance with the manufacturers’ recommendations.

(c) The hoods and ducts shall be cleaned according to the manufacturers’ recommendations.

(d) Any mobile food business producing grease laden vapors shall have a currently tagged Type K fire extinguisher.

(e) All electrical outlets within six (6) feet of a water source shall be GFI outlets.

(f) No propane shall be stored inside of the cooking and passenger area of the vehicle.

(g) Any mobile food business operating in Provo City shall have an annual fire inspection by the Provo Fire Marshal’s Office.

(Enacted 2014-22)