ORDINANCE NUMBER
2025 - 2393 ...
ORDINANCE NUMBER
2025 - 2393 ...
ORDINANCE NUMBER
2025 - 2393
AN ORDINANCE CONCERNING FOOD TRUCKS
AND OTHER MOBILE FOOD UNITS
_________________________
WHEREAS, the City Council of the City of Athens, Alabama is authorized by sect. 11-45-1 of the Code of Alabama to provide for the safety; preserve the health; promote the prosperity; and improve the morals, order, comfort, and convenience of the inhabitants of the municipality;
WHEREAS, the use of food trucks and other mobile food units is becoming more and more popular throughout our community;
WHEREAS, under current ordinances, mobile food units are limited in their operations to particular special events and other isolated functions;
WHEREAS, the Mayor and City Council desire to allow for the expansion of the use of mobile food units in the City of Athens, within certain reasonable regulations concerning their operation;
WHEREAS, in order to do so, the City Council desires to adopt this ordinance setting forth guidelines for the issuance of mobile food unit decals, as well as to propose an amendment to the zoning ordinance (by separate resolution); and
WHEREAS, the City Council finds and determines that these actions are in the best interest of the public health, safety, order, comfort, and convenience; and adopts these measures pursuant, among other things, to the City's police powers expressed in sect. 11-45-1 of the Code of Alabama.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on November 10TH, 2025, at 4:30 p.m., as follows:
Section 1. The following sections of this Ordinance shall be added to the Code of Ordinances of the City of Athens, Alabama as Chapter 18, Article XI (Mobile Food Units):
Section 18-400. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Business License means a municipal business license issued to a person by the City pursuant to Section 18-300, et seq. of the Code of Ordinances of the City of Athens, Alabama.
City means the City of Athens, Alabama.
Fire Marshal means the fire marshal of the City's Fire Department (or his/her designee).
Food means any food or beverage items, whether or not pre-packaged, consumed, or intended to be consumed by people.
Mobile food unit(s) shall mean a motorized or non-motorized self-contained vehicle, trailer, or pushcart that is designed to be mobile and to be used for the preparation of food and/or drink, the sale and service of food and/or drink, or the service of food and/or drink at more than one location within the city. (A mobile food unit shall not include: (a) a vehicle that is used only for the mobile delivery of pre-ordered food from a commercial kitchen, restaurant, or grocery store, and is only located at a customer's property for such few minutes as is needed to deliver the food and collect payment, such as traditional pizza delivery; or (b) a vehicle that is used only for the mobile delivery of food in connection with a catering business, in which the food is transported and then soon unloaded from the vehicle to a kitchen or other food preparation area at a location under the control of the caterer's customer.)
Mobile food unit decal shall mean a decal indicating that a mobile food unit has satisfactorily passed the inspection conducted under the authority of this Article by the Fire Marshal.
Food truck court shall mean a food truck court that is permitted within particular zoning districts of the City, as may be defined and set forth in detail in the Zoning Ordinance of the City of Athens, Alabama.
Section 18-401. Business License and Mobile Food Unit Decal Required
(a) Business License Requirement. Any person operating a mobile food unit within the city must obtain a business license prior to commencing any sales within the city, and that business license must remain in effect at all times while said person is operating the mobile food unit within the city.
(b) Mobile Food Unit Decal. In addition, any person operating a mobile food unit within the city must obtain a mobile food unit decal from the Fire Marshal for each mobile food unit to be operated within the city, and that decal must remain in effect at all times while said person is operating the mobile food unit within the city.
(c) Additional Requirements for Business Licenses Concerning Mobile Food Units.
(1) Any person desiring to obtain or maintain a business license for a business operating a mobile food unit must provide the City Clerk's office, in addition to any other information required by law, the following information:
(i) The type of any and all mobile food units that applicant is seeking to operate within the city, including a description of such mobile food units;
(ii) A copy of the applicant's current food permit(s) issued by the Limestone County Department of Health, if required by such department for such mobile food units; and
(iii) A copy of the applicant's current license tags for the mobile food units, to the extent that a license tag is required by law.
The applicant shall provide any such further information or documentation relating to the mobile food unit(s) that the City Clerk deems necessary to review and consider the application for a business license in the interests of public health and safety.
(2) No person may obtain or maintain a business license for a business operating a mobile food unit unless such person has a valid and effective food permit(s) issued by the Limestone County Department of Health, if required by such department for such mobile food units, with respect to each and every mobile food unit operated by such person in the city.
(3) In addition to any other fees required by local law, at the time of filing the application for a business license (or its renewal), the applicant shall pay a non-refundable fee in the amount of one hundred dollars ($100.00) to defray the costs of administering this Article.
(4) Before a person operating a mobile food unit can obtain a City business license with respect to that mobile food unit, such person must provide the City Clerk with an affidavit by such person attesting that they have received, understand, and will abide by all of the rules and requirements that are set forth in this Article with respect to the operation of a mobile food unit.
(d) Inspection of Mobile Food Unit. Prior to the City Clerk's approval of a person's application for a business license (and/or any renewal thereof) related to a mobile food unit, the Fire Marshal shall complete an inspection of any and all mobile food units associated with such business. A mobile food unit shall be subject to and must comply with any and all relevant codes adopted by the City, including but not limited to the various safety and technical codes that have been adopted by the City as set forth in Section 14-31 of the Code of Ordinances of the City of Athens. If the Fire Marshal determines that the mobile food unit satisfactorily meets the requirements of the same, then the Fire Marshal shall issue a mobile food unit decal for such mobile food unit, contingent upon the issuance (or validity) of a City business license with respect to the business operating the mobile food unit. However, if the Fire Marshal determines that the mobile food unit does not satisfactorily meet such requirements, then the Fire Marshal shall not issue such decal.
(e) Duration and Renewal of Mobile Food Unit Decal. A mobile food unit decal shall remain in effect, unless revoked, for a period of one calendar year from the date of its issuance, or until the next date that a City business license renewal is required for the business operating the mobile food unit, whichever occurs sooner. Mobile food unit decals may be renewed at the same time that a business license is renewable by repeating the same process as set forth in this section for their initial application for a mobile food unit decal.
(f) Mobile Food Unit Decal Non-Transferable. Each mobile food unit decal is issued for a single mobile food unit and applicant. The decal is not transferable to another person or to another mobile food unit. A person operating more than one (1) mobile food unit shall obtain and keep a separate mobile food unit decal for each mobile food unit.
(g) Posting of Business License and Mobile Food Unit Permit. The City's business license and mobile food unit decal shall be always posted in a visible location on the mobile food unit while it is in operation in the city.
(h) Inspection. All mobile food units are subject to inspection and enforcement by the City and its various departments, at any time in order to determine the permittee's compliance with this Article or any other local, state, or federal law/regulation.
(i) No Vested Rights. No person shall acquire any property or vested right in a business license in connection with a mobile food unit, or in a mobile food unit decal. Any rights granted hereunder, in whole or in part, are subject to refusal or amendment, at any time or from time to time. All persons are on notice that this Article relates to an evolving area of regulation and as such, its provisions are subject to change at any time.
(j) Franchise. The City's issuance of a mobile food unit decal shall constitute the City's grant of a franchise to the permittee to operate a mobile food unit on and along the public ways of the City (but only in the manner and to the extent permitted hereunder) for the period of the permit and in accordance with this Article.
Section 18-402. Standards and Requirements for Operation.
(a) Where Operation Permitted. Mobile food units shall only be operated within the following zoning districts of the city: DWTN Downtown District; TI Traditional Institutional District; TB Traditional Business District; B-1 Neighborhood Business District; B-2 General Business District; INST Institutional District; M-1 Light Industrial District (within or without a food truck court); M-2 General Industrial District (within or without a food truck court); a T-PUD Traditional Planned Unit District (in those areas of such district which correspond to the foregoing traditional zoning districts); or a C-PUD Conventional Planned Unit District (in those areas of such district which correspond to the foregoing conventional zoning districts).
(b) Operation off Public Rights of Way. While in operation and offering food for sale, all mobile food units must be located off the public rights-of-way, unless they are operating in conjunction with: (i) a special event permit which has been approved in advance by the City (pursuant to Section 54-31, et seq. of the Code of Ordinances of the City of Athens, Alabama) in connection with a special civic festival, celebration, or other event, where the right-of-way is not being used in connection with its normal function; or (ii) Section 18-403.
(c) Property Owner Approval Required. A person operating a mobile food unit must have the approval of the property owner for each location at which the mobile food unit operates. This approval shall be in writing, signed by the property owner, and readily available for inspection by any city building code official or law enforcement officer upon request at all times during the operation of the mobile food unit.
(d) Number of Hours Open for Business. Unless it is located in a food truck court, no mobile food unit shall be allowed to be open for business for the sale of food in excess of eight (8) hours per day.
(e) Parked before Operation. Unless it is located in a food truck court, a mobile food unit (and all associated vehicles, signs, and equipment, etc.) may not be parked on any property or area at which the mobile food unit will sell food until no more than eight (8) hours before it opens for business to sell food at such property or area, unless it has sold food at that property or area on the previous day.
(f) Parked after Operation. Unless it is located in a food truck court, a mobile food unit (and all associated vehicles, signs, and equipment, etc.) must be removed from a property or area at which the mobile food unit has sold food within three (3) hours after it has stopped selling food, unless it will open for business to sell food at the same property or area on the following day.
(g) Limitation on Number of Days per Month to Operate in One Property or Area. No mobile food unit (and no person operating a mobile food unit within the city) shall be open for business for the sale of food from a mobile food unit at the same property or area for more than seven (7) days per calendar month, unless: (i) it is operating in conjunction with a special event permit which has been approved in advance by the City (pursuant to Section 54-31, et seq. of the Code of Ordinances of the City of Athens, Alabama) in connection with a special civic festival, celebration, or other event, or (ii) it is part of a food truck court.
(h) Operating Hours. A mobile food unit shall not be open for business for the sale of food during the hours of 10:00 PM through 6:00 AM, local time, unless: (i) it is operating in conjunction with a special event permit which has been approved in advance by the City (pursuant to Section 54-31, et seq. of the Code of Ordinances of the City of Athens, Alabama) in connection with a special civic festival, celebration, or other event; (ii) it is part of a food truck court; or (iii) it is operating on a property zoned as a M-1 Light Industrial District or a M-2 General Industrial District, and primarily serving the employees of the industrial business located on such property.
(i) "Like Kind" Rule. No mobile food unit shall be located and open for business for the sale of food within 200 feet of the main entrance of a "like-kind" business licensed by the City as a restaurant, cafe, deli, or cafeteria during its posted hours of operation, except: (a) when the mobile food unit is operating in conjunction with a special event permit which has been approved in advance by the City (pursuant to Section 54-31, et seq. of the Code of Ordinances of the City of Athens, Alabama) in connection with a special civic festival, celebration, or other event; (b) it is a part of a food truck court; or (c) where the owner of the business is the same person or entity as the owner of the mobile food unit. For purposes of this subsection, a "like-kind" business is one that sells food that is substantially similar to that food which is sold by the mobile food unit (and for purposes of this sentence, the word "food" does not include a drink or beverage.)
(j) Obstructions. No mobile food unit shall obstruct any fire hydrant, fire lane, vehicular accessways, sidewalk, utility boxes, handicap ramps and/or building entrances.
(k) Firm Surface. Any mobile food truck unit that is open for business to the public must be located on a firm, secure, and level surface that does not present any unreasonable obstacles or hazards, and it must be immediately adjacent to improved parking area that is also on a firm, secure, and level surface.
(l) Hazards. Any mobile food truck that is open for business to the public must not be located in an area so as to present any unreasonable traffic or pedestrian hazard.
(m) No Trash. Persons operating mobile food units are responsible for the proper disposal of all waste and trash associated with the operation of the mobile food unit. Persons operating mobile food units shall ensure that all waste and trash generated by the activities of the mobile food unit are removed from the mobile food unit and its immediate area at least every twelve (12) hours in the interest of the health and safety of the public and preventing any adverse or noxious odors. Trash cans, bins, and dumpsters owned by the City and/or persons other than the persons operating mobile food units shall not be used for this purpose.
(n) Related Equipment. All equipment and items associated with the mobile food unit must be located within five (5) feet of the mobile food unit during its operation.
(o) No Audio or Visual Distractions. No amplified speakers, bull horns, flashing lights, strobing lights, or any other items that would reasonably result in an audio or visual distraction to traffic, shall be permitted as a part of the operation of a mobile food unit. Mobile food units shall direct any artificial lighting downward, and shall not project onto any public street or private property.
(p) Parking Spaces. A mobile food unit shall not occupy parking spaces that are otherwise required for a business or other establishment to satisfy the minimum requirements of any state or local law, ordinance, or regulation associated with such business or establishment, unless the hours of operation of the business or establishment do not coincide with those of the operation of the mobile food unit.
(q) Signage. Any signage relating to the mobile food unit must be located on the mobile food unit itself, and may not be detached from the mobile food unit.
(r) Utilities. A person operating a mobile food unit shall not use any utilities in connection with the mobile food unit without written permission obtained from the property owner or authorized user of the utilities.
(s) Location of Food Prep. Any on-site preparation of food associated with a mobile food unit shall be performed inside the mobile food unit, or on equipment affixed to the exterior of the mobile food unit. Otherwise, there shall be no grills or other cooking facilities allowed outside the mobile food unit.
(t) Orientation of Sales Area. Any mobile food unit that is engaged in the sale of food in an area normally used for parking must be oriented such that all of its business is conducted on the side of the mobile food unit that faces away from any adjacent vehicular traffic.
(u) Alcoholic Beverages. A mobile food unit shall not sell any alcoholic beverages unless the operator has secured, and is operating under, the appropriate license from the Alabama Alcoholic Beverage Control Board, and any related approvals as set forth in other ordinances of the City relating to the sale of alcoholic beverages.
(v) Storage. A mobile food unit (that is not located in a food truck court), when not in operation, may be stored at any property or area within the City where it does not sell food. However, if such location is within any residential zoning district, then the mobile food unit must be stored: (i) within an enclosed garage or other storage building where it is not visible from a public right of way or any neighboring property; or (ii) in a fenced-in area within the rear yard of such property (where such fence shields the mobile food unit from view and is at least six feet tall).
(w) Ice Cream Truck Exception. Nothing in Section 18-402(a) and (b) shall preclude the operation of a mobile food unit that sells only prepackaged frozen food dessert items, such as ice cream, from temporarily stopping on the margin of a minor street in an area that is zoned for residential use (as defined in the City's Traffic Circulation Standards) for the sale of such items, or from using amplified instrumental music while in operation, so long as such mobile food unit does not remain in the same area for more than thirty (30) minutes.
(x) Private Party Exception. Nothing in Section 18-402(a) shall preclude the operation of a mobile food unit from temporarily operating on a parcel of private property (on no more than two occasions during any calendar year) that is zoned for residential use during a private party or other social event (which is not open to the general public), so long as (i) no amplified music is used by the mobile food unit while in operation, and (ii) such mobile food unit does not remain at that property and in the same area for more than two (2) hours.
(y) Definition of Area. For purposes of this Section 18-402, a location is within the same "area" as another location if it is within two hundred (200) feet of the other location.
Section 18-403. Operation on City Property.
(a) From time to time, the Mayor (or his designee) may allow a limited number of mobile food units to temporarily operate and offer food for sale on property of the City, including but not limited to areas at the City's parks and ballfields, upon such terms and conditions as the Mayor (or his designee) may establish. Such operations shall be during such specified times and at such locations as may be designated by the Mayor (or his designee). All such mobile food units must comply with all of the rules and requirements set forth in this Article.
(b) Unless otherwise specified due to the specific nature of a particular event or to a specific menu desired, when a limited number of mobile food units are allowed to operate on the property of the City as provided in this section, they will be permitted to secure placement on a "first come-first serve" basis.
(c) Unless specifically permitted by this Article, or in connection with a special event permit which has been approved in advance by the City (pursuant to Section 54-31, et seq. of the Code of Ordinances of the City of Athens, Alabama) in connection with a special civic festival, celebration, or other event, no mobile food unit shall be located on City-owned property.
Section 18-404. Violations.
Any person who violates any provision of this Article shall commit an offense against the City.
Section 18-405. Exemptions.
(a) The Mayor may, at his/her discretion, exempt any mobile food unit from one or more of the requirements in this Article, upon the Mayor's consideration of the following factors:
(1) the educational, social, or recreational benefits to the citizens of the city, or a substantial number of persons therein, brought about by the mobile food unit; or the participation of the mobile food unit in a special event, function, activity or festival held open to the public, or to a substantial number of persons within the city;
(2) the brief or temporary duration of the business (or a business endeavor) within the city; and
(3) any negative consequences to (i) the benefits referred to in subsection (1), or (ii) the special event, function, activity, or festival referred to in subsection (1) likely to result from the imposition of the requirements of this Article upon the mobile food unit.
In the event of any such exemption, all persons are still responsible for adhering to Section 18-402 of this Article; as well as other laws and regulations outside of this Article, including but not limited to those involving the collection and remittance of any sales taxes required by law and associated with the sale of their inventory; and any and all permits required by the Limestone County Department of Health.
(b) The Mayor may also exempt any person operating a mobile food unit from one or more of the requirements set forth in this Article upon a determination that there is an immediate need for the business within the city by reason of an emergency that may endanger persons or property. In the event of any such exemption, all persons are still responsible for adhering to other laws and regulations outside of this Article, including but not limited to those involving the collection and remittance of any sales taxes required by law and associated with the sale of their inventory; and any and all permits required by the Limestone County Department of Health.
Section 2. This Ordinance shall become effective on January 1, 2026, after its publication as required by law.
Section 3. Any portion or provision of any ordinance or resolution heretofore adopted by the City Council of the City of Athens, Alabama, which is in conflict with this Ordinance is hereby repealed to the extent of such conflict, except that no part of any zoning ordinance of the City of Athens is repealed hereby.
Section 4. If any provision of this Ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this Ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this Ordinance are declared to be severable.
Section 5. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code.
ADOPTED this the 10th day of November, 2025.
_________________________CHRIS SEIBERT, CITY COUNCIL PRESIDENT
_________________________WILLIAM R. MARKS, MAYOR
ATTEST:
______________________
ANNETTE BARNES-THREET, CITY CLERK
CERTIFICATION OF CITY CLERK
STATE OF ALABAMA )
LIMESTONE COUNTY )
I, Annette Barnes-Threet, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City Council of the City of Athens, on the 10th day of November, 2025.
Witness my hand and seal of office this the 10th day of November, 2025.
__________________________
Annette Barnes-Threet, City Clerk
The News Courier
November 22, 2025
ORDINANCE NUMBER
2025 - 2393
AN ORDINANCE CONCERNING FOOD TRUCKS
AND OTHER MOBILE FOOD UNITS
_________________________
WHEREAS, the City Council of the City of Athens, Alabama is authorized by sect. 11-45-1 of the Code of Alabama to provide for the safety; preserve the health; promote the prosperity; and improve the morals, order, comfort, and convenience of the inhabitants of the municipality;
WHEREAS, the use of food trucks and other mobile food units is becoming more and more popular throughout our community;
WHEREAS, under current ordinances, mobile food units are limited in their operations to particular special events and other isolated functions;
WHEREAS, the Mayor and City Council desire to allow for the expansion of the use of mobile food units in the City of Athens, within certain reasonable regulations concerning their operation;
WHEREAS, in order to do so, the City Council desires to adopt this ordinance setting forth guidelines for the issuance of mobile food unit decals, as well as to propose an amendment to the zoning ordinance (by separate resolution); and
WHEREAS, the City Council finds and determines that these actions are in the best interest of the public health, safety, order, comfort, and convenience; and adopts these measures pursuant, among other things, to the City's police powers expressed in sect. 11-45-1 of the Code of Alabama.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on November 10TH, 2025, at 4:30 p.m., as follows:
Section 1. The following sections of this Ordinance shall be added to the Code of Ordinances of the City of Athens, Alabama as Chapter 18, Article XI (Mobile Food Units):
Section 18-400. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Business License means a municipal business license issued to a person by the City pursuant to Section 18-300, et seq. of the Code of Ordinances of the City of Athens, Alabama.
City means the City of Athens, Alabama.
Fire Marshal means the fire marshal of the City's Fire Department (or his/her designee).
Food means any food or beverage items, whether or not pre-packaged, consumed, or intended to be consumed by people.
Mobile food unit(s) shall mean a motorized or non-motorized self-contained vehicle, trailer, or pushcart that is designed to be mobile and to be used for the preparation of food and/or drink, the sale and service of food and/or drink, or the service of food and/or drink at more than one location within the city. (A mobile food unit shall not include: (a) a vehicle that is used only for the mobile delivery of pre-ordered food from a commercial kitchen, restaurant, or grocery store, and is only located at a customer's property for such few minutes as is needed to deliver the food and collect payment, such as traditional pizza delivery; or (b) a vehicle that is used only for the mobile delivery of food in connection with a catering business, in which the food is transported and then soon unloaded from the vehicle to a kitchen or other food preparation area at a location under the control of the caterer's customer.)
Mobile food unit decal shall mean a decal indicating that a mobile food unit has satisfactorily passed the inspection conducted under the authority of this Article by the Fire Marshal.
Food truck court shall mean a food truck court that is permitted within particular zoning districts of the City, as may be defined and set forth in detail in the Zoning Ordinance of the City of Athens, Alabama.
Section 18-401. Business License and Mobile Food Unit Decal Required
(a) Business License Requirement. Any person operating a mobile food unit within the city must obtain a business license prior to commencing any sales within the city, and that business license must remain in effect at all times while said person is operating the mobile food unit within the city.
(b) Mobile Food Unit Decal. In addition, any person operating a mobile food unit within the city must obtain a mobile food unit decal from the Fire Marshal for each mobile food unit to be operated within the city, and that decal must remain in effect at all times while said person is operating the mobile food unit within the city.
(c) Additional Requirements for Business Licenses Concerning Mobile Food Units.
(1) Any person desiring to obtain or maintain a business license for a business operating a mobile food unit must provide the City Clerk's office, in addition to any other information required by law, the following information:
(i) The type of any and all mobile food units that applicant is seeking to operate within the city, including a description of such mobile food units;
(ii) A copy of the applicant's current food permit(s) issued by the Limestone County Department of Health, if required by such department for such mobile food units; and
(iii) A copy of the applicant's current license tags for the mobile food units, to the extent that a license tag is required by law.
The applicant shall provide any such further information or documentation relating to the mobile food unit(s) that the City Clerk deems necessary to review and consider the application for a business license in the interests of public health and safety.
(2) No person may obtain or maintain a business license for a business operating a mobile food unit unless such person has a valid and effective food permit(s) issued by the Limestone County Department of Health, if required by such department for such mobile food units, with respect to each and every mobile food unit operated by such person in the city.
(3) In addition to any other fees required by local law, at the time of filing the application for a business license (or its renewal), the applicant shall pay a non-refundable fee in the amount of one hundred dollars ($100.00) to defray the costs of administering this Article.
(4) Before a person operating a mobile food unit can obtain a City business license with respect to that mobile food unit, such person must provide the City Clerk with an affidavit by such person attesting that they have received, understand, and will abide by all of the rules and requirements that are set forth in this Article with respect to the operation of a mobile food unit.
(d) Inspection of Mobile Food Unit. Prior to the City Clerk's approval of a person's application for a business license (and/or any renewal thereof) related to a mobile food unit, the Fire Marshal shall complete an inspection of any and all mobile food units associated with such business. A mobile food unit shall be subject to and must comply with any and all relevant codes adopted by the City, including but not limited to the various safety and technical codes that have been adopted by the City as set forth in Section 14-31 of the Code of Ordinances of the City of Athens. If the Fire Marshal determines that the mobile food unit satisfactorily meets the requirements of the same, then the Fire Marshal shall issue a mobile food unit decal for such mobile food unit, contingent upon the issuance (or validity) of a City business license with respect to the business operating the mobile food unit. However, if the Fire Marshal determines that the mobile food unit does not satisfactorily meet such requirements, then the Fire Marshal shall not issue such decal.
(e) Duration and Renewal of Mobile Food Unit Decal. A mobile food unit decal shall remain in effect, unless revoked, for a period of one calendar year from the date of its issuance, or until the next date that a City business license renewal is required for the business operating the mobile food unit, whichever occurs sooner. Mobile food unit decals may be renewed at the same time that a business license is renewable by repeating the same process as set forth in this section for their initial application for a mobile food unit decal.
(f) Mobile Food Unit Decal Non-Transferable. Each mobile food unit decal is issued for a single mobile food unit and applicant. The decal is not transferable to another person or to another mobile food unit. A person operating more than one (1) mobile food unit shall obtain and keep a separate mobile food unit decal for each mobile food unit.
(g) Posting of Business License and Mobile Food Unit Permit. The City's business license and mobile food unit decal shall be always posted in a visible location on the mobile food unit while it is in operation in the city.
(h) Inspection. All mobile food units are subject to inspection and enforcement by the City and its various departments, at any time in order to determine the permittee's compliance with this Article or any other local, state, or federal law/regulation.
(i) No Vested Rights. No person shall acquire any property or vested right in a business license in connection with a mobile food unit, or in a mobile food unit decal. Any rights granted hereunder, in whole or in part, are subject to refusal or amendment, at any time or from time to time. All persons are on notice that this Article relates to an evolving area of regulation and as such, its provisions are subject to change at any time.
(j) Franchise. The City's issuance of a mobile food unit decal shall constitute the City's grant of a franchise to the permittee to operate a mobile food unit on and along the public ways of the City (but only in the manner and to the extent permitted hereunder) for the period of the permit and in accordance with this Article.
Section 18-402. Standards and Requirements for Operation.
(a) Where Operation Permitted. Mobile food units shall only be operated within the following zoning districts of the city: DWTN Downtown District; TI Traditional Institutional District; TB Traditional Business District; B-1 Neighborhood Business District; B-2 General Business District; INST Institutional District; M-1 Light Industrial District (within or without a food truck court); M-2 General Industrial District (within or without a food truck court); a T-PUD Traditional Planned Unit District (in those areas of such district which correspond to the foregoing traditional zoning districts); or a C-PUD Conventional Planned Unit District (in those areas of such district which correspond to the foregoing conventional zoning districts).
(b) Operation off Public Rights of Way. While in operation and offering food for sale, all mobile food units must be located off the public rights-of-way, unless they are operating in conjunction with: (i) a special event permit which has been approved in advance by the City (pursuant to Section 54-31, et seq. of the Code of Ordinances of the City of Athens, Alabama) in connection with a special civic festival, celebration, or other event, where the right-of-way is not being used in connection with its normal function; or (ii) Section 18-403.
(c) Property Owner Approval Required. A person operating a mobile food unit must have the approval of the property owner for each location at which the mobile food unit operates. This approval shall be in writing, signed by the property owner, and readily available for inspection by any city building code official or law enforcement officer upon request at all times during the operation of the mobile food unit.
(d) Number of Hours Open for Business. Unless it is located in a food truck court, no mobile food unit shall be allowed to be open for business for the sale of food in excess of eight (8) hours per day.
(e) Parked before Operation. Unless it is located in a food truck court, a mobile food unit (and all associated vehicles, signs, and equipment, etc.) may not be parked on any property or area at which the mobile food unit will sell food until no more than eight (8) hours before it opens for business to sell food at such property or area, unless it has sold food at that property or area on the previous day.
(f) Parked after Operation. Unless it is located in a food truck court, a mobile food unit (and all associated vehicles, signs, and equipment, etc.) must be removed from a property or area at which the mobile food unit has sold food within three (3) hours after it has stopped selling food, unless it will open for business to sell food at the same property or area on the following day.
(g) Limitation on Number of Days per Month to Operate in One Property or Area. No mobile food unit (and no person operating a mobile food unit within the city) shall be open for business for the sale of food from a mobile food unit at the same property or area for more than seven (7) days per calendar month, unless: (i) it is operating in conjunction with a special event permit which has been approved in advance by the City (pursuant to Section 54-31, et seq. of the Code of Ordinances of the City of Athens, Alabama) in connection with a special civic festival, celebration, or other event, or (ii) it is part of a food truck court.
(h) Operating Hours. A mobile food unit shall not be open for business for the sale of food during the hours of 10:00 PM through 6:00 AM, local time, unless: (i) it is operating in conjunction with a special event permit which has been approved in advance by the City (pursuant to Section 54-31, et seq. of the Code of Ordinances of the City of Athens, Alabama) in connection with a special civic festival, celebration, or other event; (ii) it is part of a food truck court; or (iii) it is operating on a property zoned as a M-1 Light Industrial District or a M-2 General Industrial District, and primarily serving the employees of the industrial business located on such property.
(i) "Like Kind" Rule. No mobile food unit shall be located and open for business for the sale of food within 200 feet of the main entrance of a "like-kind" business licensed by the City as a restaurant, cafe, deli, or cafeteria during its posted hours of operation, except: (a) when the mobile food unit is operating in conjunction with a special event permit which has been approved in advance by the City (pursuant to Section 54-31, et seq. of the Code of Ordinances of the City of Athens, Alabama) in connection with a special civic festival, celebration, or other event; (b) it is a part of a food truck court; or (c) where the owner of the business is the same person or entity as the owner of the mobile food unit. For purposes of this subsection, a "like-kind" business is one that sells food that is substantially similar to that food which is sold by the mobile food unit (and for purposes of this sentence, the word "food" does not include a drink or beverage.)
(j) Obstructions. No mobile food unit shall obstruct any fire hydrant, fire lane, vehicular accessways, sidewalk, utility boxes, handicap ramps and/or building entrances.
(k) Firm Surface. Any mobile food truck unit that is open for business to the public must be located on a firm, secure, and level surface that does not present any unreasonable obstacles or hazards, and it must be immediately adjacent to improved parking area that is also on a firm, secure, and level surface.
(l) Hazards. Any mobile food truck that is open for business to the public must not be located in an area so as to present any unreasonable traffic or pedestrian hazard.
(m) No Trash. Persons operating mobile food units are responsible for the proper disposal of all waste and trash associated with the operation of the mobile food unit. Persons operating mobile food units shall ensure that all waste and trash generated by the activities of the mobile food unit are removed from the mobile food unit and its immediate area at least every twelve (12) hours in the interest of the health and safety of the public and preventing any adverse or noxious odors. Trash cans, bins, and dumpsters owned by the City and/or persons other than the persons operating mobile food units shall not be used for this purpose.
(n) Related Equipment. All equipment and items associated with the mobile food unit must be located within five (5) feet of the mobile food unit during its operation.
(o) No Audio or Visual Distractions. No amplified speakers, bull horns, flashing lights, strobing lights, or any other items that would reasonably result in an audio or visual distraction to traffic, shall be permitted as a part of the operation of a mobile food unit. Mobile food units shall direct any artificial lighting downward, and shall not project onto any public street or private property.
(p) Parking Spaces. A mobile food unit shall not occupy parking spaces that are otherwise required for a business or other establishment to satisfy the minimum requirements of any state or local law, ordinance, or regulation associated with such business or establishment, unless the hours of operation of the business or establishment do not coincide with those of the operation of the mobile food unit.
(q) Signage. Any signage relating to the mobile food unit must be located on the mobile food unit itself, and may not be detached from the mobile food unit.
(r) Utilities. A person operating a mobile food unit shall not use any utilities in connection with the mobile food unit without written permission obtained from the property owner or authorized user of the utilities.
(s) Location of Food Prep. Any on-site preparation of food associated with a mobile food unit shall be performed inside the mobile food unit, or on equipment affixed to the exterior of the mobile food unit. Otherwise, there shall be no grills or other cooking facilities allowed outside the mobile food unit.
(t) Orientation of Sales Area. Any mobile food unit that is engaged in the sale of food in an area normally used for parking must be oriented such that all of its business is conducted on the side of the mobile food unit that faces away from any adjacent vehicular traffic.
(u) Alcoholic Beverages. A mobile food unit shall not sell any alcoholic beverages unless the operator has secured, and is operating under, the appropriate license from the Alabama Alcoholic Beverage Control Board, and any related approvals as set forth in other ordinances of the City relating to the sale of alcoholic beverages.
(v) Storage. A mobile food unit (that is not located in a food truck court), when not in operation, may be stored at any property or area within the City where it does not sell food. However, if such location is within any residential zoning district, then the mobile food unit must be stored: (i) within an enclosed garage or other storage building where it is not visible from a public right of way or any neighboring property; or (ii) in a fenced-in area within the rear yard of such property (where such fence shields the mobile food unit from view and is at least six feet tall).
(w) Ice Cream Truck Exception. Nothing in Section 18-402(a) and (b) shall preclude the operation of a mobile food unit that sells only prepackaged frozen food dessert items, such as ice cream, from temporarily stopping on the margin of a minor street in an area that is zoned for residential use (as defined in the City's Traffic Circulation Standards) for the sale of such items, or from using amplified instrumental music while in operation, so long as such mobile food unit does not remain in the same area for more than thirty (30) minutes.
(x) Private Party Exception. Nothing in Section 18-402(a) shall preclude the operation of a mobile food unit from temporarily operating on a parcel of private property (on no more than two occasions during any calendar year) that is zoned for residential use during a private party or other social event (which is not open to the general public), so long as (i) no amplified music is used by the mobile food unit while in operation, and (ii) such mobile food unit does not remain at that property and in the same area for more than two (2) hours.
(y) Definition of Area. For purposes of this Section 18-402, a location is within the same "area" as another location if it is within two hundred (200) feet of the other location.
Section 18-403. Operation on City Property.
(a) From time to time, the Mayor (or his designee) may allow a limited number of mobile food units to temporarily operate and offer food for sale on property of the City, including but not limited to areas at the City's parks and ballfields, upon such terms and conditions as the Mayor (or his designee) may establish. Such operations shall be during such specified times and at such locations as may be designated by the Mayor (or his designee). All such mobile food units must comply with all of the rules and requirements set forth in this Article.
(b) Unless otherwise specified due to the specific nature of a particular event or to a specific menu desired, when a limited number of mobile food units are allowed to operate on the property of the City as provided in this section, they will be permitted to secure placement on a "first come-first serve" basis.
(c) Unless specifically permitted by this Article, or in connection with a special event permit which has been approved in advance by the City (pursuant to Section 54-31, et seq. of the Code of Ordinances of the City of Athens, Alabama) in connection with a special civic festival, celebration, or other event, no mobile food unit shall be located on City-owned property.
Section 18-404. Violations.
Any person who violates any provision of this Article shall commit an offense against the City.
Section 18-405. Exemptions.
(a) The Mayor may, at his/her discretion, exempt any mobile food unit from one or more of the requirements in this Article, upon the Mayor's consideration of the following factors:
(1) the educational, social, or recreational benefits to the citizens of the city, or a substantial number of persons therein, brought about by the mobile food unit; or the participation of the mobile food unit in a special event, function, activity or festival held open to the public, or to a substantial number of persons within the city;
(2) the brief or temporary duration of the business (or a business endeavor) within the city; and
(3) any negative consequences to (i) the benefits referred to in subsection (1), or (ii) the special event, function, activity, or festival referred to in subsection (1) likely to result from the imposition of the requirements of this Article upon the mobile food unit.
In the event of any such exemption, all persons are still responsible for adhering to Section 18-402 of this Article; as well as other laws and regulations outside of this Article, including but not limited to those involving the collection and remittance of any sales taxes required by law and associated with the sale of their inventory; and any and all permits required by the Limestone County Department of Health.
(b) The Mayor may also exempt any person operating a mobile food unit from one or more of the requirements set forth in this Article upon a determination that there is an immediate need for the business within the city by reason of an emergency that may endanger persons or property. In the event of any such exemption, all persons are still responsible for adhering to other laws and regulations outside of this Article, including but not limited to those involving the collection and remittance of any sales taxes required by law and associated with the sale of their inventory; and any and all permits required by the Limestone County Department of Health.
Section 2. This Ordinance shall become effective on January 1, 2026, after its publication as required by law.
Section 3. Any portion or provision of any ordinance or resolution heretofore adopted by the City Council of the City of Athens, Alabama, which is in conflict with this Ordinance is hereby repealed to the extent of such conflict, except that no part of any zoning ordinance of the City of Athens is repealed hereby.
Section 4. If any provision of this Ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this Ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this Ordinance are declared to be severable.
Section 5. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code.
ADOPTED this the 10th day of November, 2025.
_________________________CHRIS SEIBERT, CITY COUNCIL PRESIDENT
_________________________WILLIAM R. MARKS, MAYOR
ATTEST:
______________________
ANNETTE BARNES-THREET, CITY CLERK
CERTIFICATION OF CITY CLERK
STATE OF ALABAMA )
LIMESTONE COUNTY )
I, Annette Barnes-Threet, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City Council of the City of Athens, on the 10th day of November, 2025.
Witness my hand and seal of office this the 10th day of November, 2025.
__________________________
Annette Barnes-Threet, City Clerk
The News Courier
November 22, 2025
Posted Online 1 week ago