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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 said Enforcement Rule, in order to revitalize the local economy, create jobs for youth and vulnerable social group, strengthen food sanitation and safety management, etc. through food truck business. <Amended by Ordinance No. 6668, Sep. 21, 2017>

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"): <Amended by Ordinance No. 6510, May 18, 2017>
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 road for pedestrians' exclusive use 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 said Act;
4. The State or a local government, a public institution defined in Article 2 (1) of the Act on the Management of Public Institutions, a local public corporation and public corporation established under the Local Public Enterprises Act, and a facility or place where an event is sponsored and supervised by invested or funded institution, etc. designated or publicly notified pursuant to Article 5 of the Act on the Operation of Local Government-Invested or -Funded Institutions;
5. Traditional markets and revitalization area for commercial supremacy under subparagraph 1 of Article 2 of the Special Act on the Development of Traditional Markets and Shopping Districts;
6. Traffic square, general square, scenery square and square attached to a building under subparagraph 6 of Article 2 of the National Land Planning and Utilization Act and Article 2 (2) 3 of the Enforcement Decree of the same Act;
7. Public parking lot installed by the Mayor as an off-street parking area under Article 2 of the Parking Lot Act;
8. 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;
9. 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 pursuant to subparagraph 9 of attached Table 15-2 of the Enforcement Rule in the facility or place of subparagraphs referred to in Article 2, he/she shall attach the following documents:
1. Where an owner of the facility specified in subparagraphs of Article 2, or a person who operates or manages the relevant facility (hereinafter referred to as "facility manager, etc.") intends to conduct food truck business: A document evidencing the fact that he/she is a facility manager, etc.;
2. Where a person other than one falling under paragraph (1) intends to conduct food truck business: A document with regard to the contract for the use of a facility or place (hereinafter referred to as "contract for the use of a facility") for food truck business concluded with a facility manager, etc.
[This Article Wholly Amended by Ordinance No. 6668, Sep. 21, 2017]

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) Upon receipt of an application under paragraph (1), the Mayor 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, safety of users, traffic conditions, other surrounding environments, etc. <Amended by Ordinance No. 6668, Sep. 21, 2017>

Article 5 (Qualifications for Food Truck Business, Period of Business, etc.) (1) The Mayor may enter into a contract with the subject of the following subparagraphs in preference to concluding the contract for the use of a facility: <Amended by Ordinance No. 6510, May 18, 2017; Ordinance No. 6668, Sep. 21, 2017>
1. Youth who has a difficulty in obtaining a job under subparagraphs of Article 7 of the Enforcement Decree of the Special Act on the Promotion of Youth Employment;
2. Recipient of wage defined in subparagraph 1 through 3 of Article 7 (1) of the National Basic Living Security Act;
3. Social enterprise under subparagraph 3 of Article 2 of the Social Enterprise Promotion Act;
4. Social cooperatives under subparagraph 3 of Article 2 of the Framework Act on Cooperatives;
5. Community self-supportive center under Article 16 of the National Basic Living Security Act.
(2) If necessary for the achievement of purpose for the Ordinance such as the creating jobs for youth and vulnerable social group, the Mayor may exclude the franchise headquarters and franchise business operator defined in the written disclosure of information of subparagraph 10 of Article 2 of the Fair Transactions in Franchise Business Act from the subject of the contract for the use of a facility. <Newly Inserted by Ordinance No. 6668, Sep. 21, 2017>
(3) In cases of concluding a contract for the use of a facility, the Mayor may determine the business period within the required limit. <Amended by Ordinance No. 6668, Sep. 21, 2017>

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. as prescribed by relevant statutes and regulations, and perform all obligations prescribed by a contract for the use of a facility. <Amended by Ordinance No. 6668, Sep. 21, 2017>

Article 7 (Range, etc. of Business Entities) (1) A person who may conduct food truck business at a facility or place in a national or public property or owned by a public institution among the facilities or places designated pursuant to this Ordinance shall be limited to a person who has obtained a contract for the use of a facility as to the relevant facility or place, a permission for occupation and use, etc. <Amended by Ordinance No. 6668, Sep. 21, 2017>
(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, education on business start-up and operation, and standard manual dissemination on sanitation in order to boost food truck business. <Amended by Ordinance No. 6510, May 18, 2017>
(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 food truck brand.
(4) The Mayor shall endeavor to build a cooperative system with the State, autonomous Gus, relevant organizations, etc. in order to invigorate the food truck business. <Newly Inserted by Ordinance No. 6510, May 18, 2017>

Article 11 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule.
[This Article Newly Inserted by Ordinance No. 6510, May 18, 2017]

- Table 1-1 (1)