(A) Mobile food vendor operational requirements. Mobile food vendors conducting business within the City of Ashland must comply with the following requirements:
(1) All mobile food vendors must abide by all applicable federal, state, and local laws, rules, and regulations. Mobile food vendors must operate in compliance with all state laws and regulations and must maintain all necessary licenses including:
(a) City of Ashland business license;
(b) All required licenses from the Boyd County and Kentucky Health Departments for operation of a mobile food service; and
(c) An approved City of Ashland mobile food vendor inspection permit issued by the Ashland Fire Department upon inspection for compliance with the version of the International Fire Code in effect for the City of Ashland.
(2) Mobile food vendors may vend only on private property with the consent of the property owner and may not encroach into any City of Ashland right-of-way adjoining the property with the mobile food vending establishment or any accessory items such as trash cans, tables, chairs, and the like. If requested by the city, a mobile food vendor shall promptly provide proof of a property owner’s consent to operate on the property.
(3) A mobile food vendor shall not conduct any vending in a way that causes congestion or blocking of vehicle or pedestrian traffic or fire lanes. Each vendor has an affirmative and independent duty to determine the safety and suitability of any particular location of operation and to operate in a manner reasonably calculated to avoid and prevent harm to people and to other vehicles.
(4) All areas within and surrounding a mobile food service establishment must be maintained in a clean, neat, and sanitary condition. A mobile food vendor shall provide one private trash bin for public use with capacity of no less than 13 gallons each. Trash bins shall be anchored or otherwise secured upright. A mobile food vendor shall remove all litter generated by its operation at the vendor’s expense. The mobile food vendor shall not place trash or litter from the mobile food vending establishment in any unauthorized private or city receptacle.
(5) All mobile food vendors must ensure that individuals with disabilities have comparable access to mobile food vending establishment. If existing designs cannot be modified to be accessible to people with disabilities, the method of providing service must be modified to become accessible.
(6) A mobile food vending establishment cannot be permanently located on any property and cannot function as a permanent structure.
(B) Prohibited conduct. No mobile food vendor shall:
(1) Vend in a City of Ashland public right-of-way, including on any public street, alley, sidewalk, or in any on-street parking space, except in the following situations:
(a) In conjunction with a special event permit that has been approved by the city, provided that the special event includes the closure of the public right-of-way and authorizes the presence of mobile food vendors;
(b) In conjunction with a special event permit that has been approved by the city for a city park, provided that the special event permit allows the event in a city park and provides for the presence of mobile food vendors in designated areas of the park; or
(c) In Central Park as hereinafter set forth;
(2) Operate a mobile food service business within 300 feet of any event held in the District without obtaining written permission from the event sponsor;
(3) Operate a mobile food service business within 300 feet of any existing brick and mortar restaurant except as part of an approved special event;
(4) Operate a mobile food establishment within any area zoned for residential use or within 300 feet of any area zoned for residential use, except a mobile food vendor primarily selling ice cream may operate on public rights-of-way and in areas zoned for residential use;
(5) Operate within any Ashland park without authorization pursuant to a special event permit or obtaining a vendor permit from the Parks and Recreation Department to operate in Central Park pursuant to division (D);
(6) Place any object that blocks any pedestrian pathway or ADA access;
(7) Utilize any signage other than signage that is affixed to the exterior of the mobile food vending establishment or other than two additional banners or signs located within 100 feet of the establishment; or
(8) Project audible amplified music or sound with respect to stationary mobile food vending vehicles or make any unreasonably loud noise for the purpose of advertising or attracting attention to the mobile food vending establishment with respect to both mobile and stationary mobile food vending vehicles.
(C) Certificate of insurance. Every mobile food vendor that operates on city property or within the right-of-way pursuant to a special event permit or subject to a vendor permit within Central Park shall furnish to the city proof of adequate insurance coverage with designated limits as required by the city. The insurance policy shall name the city and its representatives as an additional insured for any liability arising directly or indirectly from the operation of a mobile food vendor. The city may waive some or all of this requirement if it determines that the mobile food vendor is operating as part of a special event permit which has provided adequate insurance to cover the vending operation. If insurance coverage is not waived by city under this section, any permission given to vend on public property shall be deemed void in the absence of a current insurance policy meeting the terms of this section.
(D) Food trucks in Central Park.
(1) Food trucks shall be allowed to operate in Central Park on such dates and times and in such places as subsequently set forth herein.
(2) In order to operate in Central Park, food trucks must first provide to the City of Ashland Parks Department proof of the following:
(a) A valid city of Ashland business license;
(b) All necessary and required state and local health department licenses; and
(c) Proof of insurance as set forth in division (C) hereof.
(d) An approved City of Ashland vendor inspection permit issued by the Ashland Fire Department.
(3) Upon submission of the previously referenced information to the city of Ashland Parks Department, a food truck vendor shall be issued a written permit authorizing operation of the identified food truck in Central Park for the duration of the calendar year on the terms set forth in this chapter. The annual cost of the permit shall be $100.
(4) Food trucks holding a valid permit may operate at the former location of the concession venue near the intersection of Chuck Woolery Boulevard and Chattin Drive in Central Park from April 1 to November 1 seven days a week from 10:00 a.m. to 10:00 p.m., on a first come first serve basis with respect to limited available space and electric and water outlets.
(E) Conflicts. In the event of any conflict between the provisions of this chapter and any other ordinance adopted by the City of Ashland, the provisions of this chapter shall be applicable and shall prevail.
(Ord. 99, 2022, passed 6-10-22)