2018 Application: Mobile Food Vending Pilot Program at 68 Haywood

Please carefully review the following guidelines and complete all application fields. Applicants must upload all required attachments, including certificate(s) of insurance and truck/cart image, before clicking Submit.

The City of Asheville has established a pilot program for 2018 to encourage entrepreneurship and vibrancy downtown, removing barriers to mobile food vending at 68 Haywood St. during periods when the property is open to the public and not otherwise reserved for traditional outdoor special events. The Mobile Food Vending Pilot Program establishes a process through the Outdoor Special Events Office that authorizes food trucks and food carts to conduct sales of food and beverages through an abbreviated registration and flexible daily use permit process. The 68 Haywood St. property can accommodate up to four (4) food trucks or food carts at one time. Food vendor participation is not scheduled in advance; spaces are open and available to those vendors possessing an OSE Permit for Mobile Food Vending Pilot that arrive first. 
 
Please read the rules and regulations below, complete the application fields, and click Submit to transmit to the Outdoor Special Events Office to secure an OSE Permit for Mobile Food Vending Pilot.
 
By submitting this application, the vendor agrees to the following: 
● Alcohol may not be sold or served by any mobile food vendor.
● No vendor shall store, park, or leave any mobile food unit, equipment, or furniture overnight at 68 Haywood St.
● Permitted Outdoor Special Events have priority use of the property. This application does not apply to the boundaries of any outdoor special event at the property unless the vendor is authorized to vend at the event by the outdoor special event permit holder. The City of Asheville agrees to perform due diligence in notifying food vendors by email, two weeks in advance of any permitted
outdoor special event scheduled for the property.
● All vendors are required to complete a permit application for each food truck and food cart.
● The mobile food vending pilot program is valid at 68 Haywood St only. Mobile food vendor participation is not scheduled in advance; spaces are available to those vendors that arrive first.
● The right to use the space at 68 Haywood is on a first-come-first-served basis. Food trucks or food carts must respect other users who may be occupying the space before they arrive. All users are expected to cooperate with each other in a harmonious way that represents the spirit of Asheville.
● Vendors are required to provide their own waste and recycling receptacles and to haul waste away at the end of their shift. Vendors are encouraged to reduce waste through the use of biodegradable, compostable, or recyclable service ware. Vendors are also responsible for keeping the general area free from all trash and debris associated with the mobile food unit. The vendor shall clean the general area at least once at the end of their shift and shall keep all areas free and clear of grease, spills, and food debris. Grease and liquid waste may not be disposed of in tree pits, storm drains, sewers, or public streets.
● Vendor may have signage on their mobile kitchen, not to exceed 45 square feet total per vehicle including letters and/or logo advertising the business. No roof signs will be allowed.
● Vendor or vendor’s designees shall be in attendance of the mobile food unit at all times, except in case of emergency.
● Vendor, vendor’s employees, and vendor’s volunteers shall not consume nor be under the influence of alcohol or any controlled substances while operating the mobile food unit. A violation will result in immediate revocation of the privilege of vending food at this property.
● 68 Haywood St is open to the public from 7am to 10pm daily. Vendors may operate thirty minutes
after the property opens and must be removed thirty minutes prior to the property closing.
● Vendor must plugin to existing on-site electrical connections at the property. Gasoline generators
are not permitted in the downtown fire district. There is no water access at the property.
● Vendor shall maintain a minimum 20 foot separation between other mobile food vendors as
required by state fire code.
● Vendor shall provide and maintain for the duration of their permit, at their own expense, a commercial general liability insurance policy with a minimum limit of at least $1,000,000 per occurrence. Vendor shall provide the City a certificate of insurance listing the City of Asheville as
certificate holder and an additional insured under said policy Evidence of liability insurance shall be included with this application.
● Vendor shall maintain their own personal property and vehicle insurance if Vendor’s vehicle is subject to being insured. Evidence of auto liability insurance shall be included with this application.
● Vendor shall indemnify, defend and hold harmless the City and its subsidiaries, divisions, officers, directors and employees from all liability, loss, costs, claims, damages, expenses, attorney fees, judgments and awards arising or claimed to have arisen, from any injury caused by, or allegedly caused by, either in whole or in part, any negligent act or omission of the Vendor or any employee,
agent or assign of the Vendor. This provision is not applicable to any claim arising out of or related to any active or primary negligence of or by City, its officers or employees. Nothing herein shall be construed as a waiver on the part of the City to any defense of any claim, including, but not limited
to the defense of governmental immunity.
● Vendor shall not offer merchandise for sale other than food and beverage.
● Vendor further agrees to comply with all the laws of the United States, State of North Carolina, all ordinances of the City of Asheville, and all lawful orders of any Commision, Board, or other Authority respecting the use of the subject property, including but not limited to laws and regulations enforced by the Buncombe County Division of Environmental Health and Code of Ordinances, Article XVI. Sec. 7-16-1. (c) (44) Mobile food vending
● The OSE Permit for Mobile Food Vending Pilot must be displayed and visible for inspection during all hours of operation. 
 
A complete application must include each of the following:
❏ Certificate of General Liability Insurance, with City of Asheville, PO Box 7148, Asheville, NC 28802 listed as the certificate holder and as additional insured
❏ Proof of Automobile Insurance (if separate from General Liability policy)
❏ Photo/image file of food truck or food cart
❏ $50 annual fee (valid from Jan. 1, 2018 until Dec. 31, 2018)
 
Clicking Submit will electronically transmit the application and attachments to the Outdoor Special Events Office; however, applications will not be processed until payment is received. Payments are accepted in person with cash or check at Asheville City Hall, 5th Floor, or with a Visa or MasterCard by phone. Please contact the Outdoor Special Events Office at (828) 259-5738 to make a payment. (Payment cannot be accepted without a complete application on file.)
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It is the applicant and permit holder’s responsibility to be aware of and adhere to all applicable City ordinances and policies, including the procedures set forth in this application. The City may temporarily suspend or revoke a permit immediately upon determination that the mobile food vendor no longer complies with the statements set forth in this application, with City Code of ordinances, or with other City policies and procedures. Additionally the City reserves the right to deny future mobile food vending permits to mobile food vendors who have had prior permits revoked or were otherwise notified that they were in violation of permit requirements, City ordinances, policies, or procedures.

Everything that I have stated on this application is correct to the best of my knowledge. I have read, understand, and agree to abide by the policies, rules and regulations listed herein as applicable to all plans and requested usage. The OSE Permit for Mobile Food Vending Pilot, if granted, is not transferable and is revocable at any time at the absolute discretion of the City of Asheville.

I accept the City of Asheville's terms and conditions for the Mobile Food Vending Pilot Program at 68 Haywood *
Applicant Signature: *
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