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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON DESIGNATION, MANAGEMENT, ETC. OF PLACES OF BUSINESS OF FOOD TRUCKS

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON DESIGNATION, MANAGEMENT, ETC. OF PLACES OF BUSINESS OF FOOD TRUCKS

Article 1 (Purpose) The purpose of this Ordinance is to provide for matters delegated under subparagraph 9 of attached Table 15-2 of the Enforcement Rule of the Food Sanitation Act, and matters necessary for the enforcement of the aforesaid matters, in order to revitalize the local economy and strengthen food sanitation and safety management through food truck business.

Article 2 (Places of Business) (1) The places of business at which a person may conduct snack bar business or confectionery business using a food truck (hereinafter referred to as "food truck business") pursuant to subparagraph 9 of attached Table 15-2 of the Enforcement Rule of the Food Sanitation Act (hereinafter referred to as the "Enforcement Rule"), shall be the following facilities or places (hereinafter referred to as "facility or place"):
1. A facility owned or operated by the State, a local government or a public institution defined in Article 2 (1) of the Act on the Management of Public Institutions, being a facility defined in Article 2 (1) 3 of the Culture and Arts Promotion Act;
2. A facility or place owned or operated by the State, a local government or a public institution defined in Article 2 (1) of the Act on the Management of Public Institutions, being a facility or place in a special tourism zone designated pursuant to Article 70 of the Tourism Promotion Act;
3. A road defined in subparagraph 1 of Article 2 of the Road Act, a pedestrian zone defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act and Article 2 (2) 1 of the Enforcement Decree of the aforesaid Act;
4. A facility or place where an event is held under the sponsorship or supervision of the State, a local government, a public institution defined in Article 2 (1) of the Act on the Management of Public Institutions, etc.;
5. Property for public purposes or property for business purposes specified under Article 5 (2) 2 and 3 of the Public Property and Commodity Management Act;
6. Other facilities or places provided for by rule after the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") considers demand of those who intend to conduct food truck business; relationship to other statutes and regulations; the safety of users; smooth traffic flow; and other surrounding environments, etc.
(2) The Mayor may designate a certain area as a permitted place or set the number of food trucks, in consideration of the size of the relevant facility or place, business demand, the surrounding business district, etc. among the places of business provided for in paragraph (1).

Article 3 (Documents to Be Attached) Where a person intends to conduct food truck business in a place or facility referred to in Article 2, pursuant to subparagraph 9 of attached Table 15-2 of the Enforcement Rule, he/she shall attach the following documents:
1. A facility defined in Article 2 (1) 3 of the Culture and Arts Promotion Act:
(a) Where a facility service business entity or facility management business entity who is registered or has reported, etc. pursuant to relevant statutes and regulations, intends to conduct food truck business in the relevant facility: A document, such as a certificate of registration or a certificate of report, evidencing that he/she is the relevant facility service business entity or facility management business entity;
(b) Where a person other than one falling under item (a), intends to conduct food truck business: A copy of the contract for use concluded with the relevant facility service business entity or facility management business entity;
2. A facility or place in the special tourism zone designated pursuant to Article 70 of the Tourism Promotion Act:
(a) Where the owner or manager of the relevant facility, etc. intends to conduct food truck business in the relevant facility or place: A document, evidencing that he/she is the owner or manager of the relevant facility or place;
(b) Where a person other than one falling under item (a), intends to conduct food truck business: A copy of the contract for use concluded with the owner or manager of the relevant facility or place;
3. A road defined in subparagraph 1 of Article 2 of the Road Act, or a pedestrian zone defined in subparagraph 6 of Article 2 of the National Land Planning and Utilization Act and Article 2 (2) 1 of the Enforcement Decree of the aforesaid Act: A copy of the certificate of permit to occupy and use a road granted under Article 26 (1) of the Enforcement Rule of the Road Act or a copy of the contract for use concluded with the owner or manager of the relevant road;
4. A facility or place where an event is held under the sponsorship or supervision of the State, a local government, a public institution defined in Article 2 (1) of the Act on the Management of Public Institutions, etc.: A copy of the contract for the use of the facility or place, concluded with the agency or institution that sponsors or supervises the event;
5. Property for public purposes specified under Article 5 (2) 2 of the Public Property and Commodity Management Act and property for business purposes specified under subparagraph 3 of the aforesaid paragraph: A copy of the certificate of permit to use or profit from such property pursuant to Article 20 (1) of the aforesaid Act.

Article 4 (Application for Designation of Place of Business) (1) A person who intends to conduct food truck business pursuant to subparagraph 9 of attached Table 15-2 of the Enforcement Rule, may file an application for the designation of a specific facility or place as the place of business of a food truck with the Mayor.
(2) The Mayor in receipt of an application under paragraph (1), shall determine whether he/she designates the facility or place as the place of business of a food truck, in consideration of the characteristics and conditions of the relevant facility or place; demand of those who wish to conduct food truck business; relationship to other statutes and regulations; the safety of users; traffic conditions; and other surrounding environments, etc.

Article 5 (Qualifications for Food Truck Business, Period of Business, etc.) (1) Where the Mayor enters into a contract for the use of a facility or place, such as a permit to use or profit from a facility or place for food truck business, he/she may enter into the contract with youth who have difficulty in getting a job under Article 7 of the Enforcement Decree of the Special Act on the Promotion of Youth Employment, recipients of benefits provided for in Article 7 (1) 1 through 3 of the National Basic Living Security Act, etc. in preference to others.
(2) Where the Mayor enters into a contract for the use of a facility or place, he/she may set the period of business for the term necessary for business.

Article 6 (Matters That Should Be Observed When Conducting Food Truck Business) Each food truck business entity shall observe all the conditions, such as sanitation, safety, etc., prescribed by relevant statutes and regulations, and perform all obligations prescribed by a contract for the use of a facility or place.

Article 7 (Range, etc. of Business Entities) (1) A person who may conduct food truck business at national property or public property, or a facility or place owned or operated by a public institution, being designated pursuant to this Ordinance, shall be limited to a person who has obtained a permit to use or benefit from (a contract for use), or occupy and use, the relevant facility or place.
(2) Immediately after the relevant period of business designated expires, a food truck business operator shall cease business and take necessary measures, such as vacating the facility or place.

Article 8 (Business Marks) (1) The Mayor may designate a business mark, etc. and allow food truck business entities to apply such report mark, etc., in order to distinguish food truck businesses reported under this Ordinance from unreported businesses, etc.
(2) Matters designated by the Mayor, such as a business entity, a place of business, a period of business, and a business number, shall be stated in a business mark designated under paragraph (1).

Article 9 (Measures against Breach of Duty) Where a food truck business entity violates any matter to be observed under Article 7, necessary measures shall be taken pursuant to relevant statutes and regulations.

Article 10 (Support, etc. for Food Truck Business) (1) The Mayor may provide financial and administrative support, such as start-up financing, and education on business start-up and operation, in order to boost food truck business.
(2) If deemed necessary, the Mayor may devise a plan for public management of food truck business, such as building food trucks and leasing them to business entities.
(3) The Mayor may devise a plan to promote the tourism and cultural industries, such as the creation of a Korean-style food culture, through the development of a Seoul-type food truck brand.

- Table 1-1 (1)