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(A) All persons requesting a vending cart operation permit shall submit the following information:
(1) Completed occupational license questionnaire obtained from the city’s Finance Department;
(2) Drawing and photographs illustrating that the vending cart to be used will comply with all dimensional and signage requirements contained within this subchapter;
(3) A written description of the products to be offered for sale;
(4) A copy of a permit or certification from the Fire Department stating that the proposed vending cart complies with all local requirements; and
(5) A copy of a permit obtained from the Health Department for the products to be offered for sale.
(B) In addition to the license fee requirements of § 110.02 of this code of ordinances, each vendor shall be required to pay $240 in advance by December 1, for a full year of operation, except that existing restaurants operating within 100 feet of the establishment may obtain a permit at no charge; provided, they comply with all the provisions of this subchapter. The full year of operation shall be from January 1 through December 31. The $240 permit fee shall be prorated on a monthly basis, or part thereof, at $20 per month. This is a per location charge and any person or entity holding permits for multiple locations will be responsible for this fee for each location.
(C) Proof of insurance must be submitted with the application for the duration of the licensing period in an amount not less than $100,000 in limited liability per occurrence, and the city shall be named as an additional insured.
(1984 Code, § 111.508) (Ord. O-76-88, passed 9-13-1988; Ord. O-87-88, passed 11-15-1988)
MOBILE FOOD VENDING SERVICES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MOBILE FOOD VENDOR. An itinerant merchant who operates a mobile food unit business.
MOBILE FOOD UNIT. A licensed, motorized vehicle permitted by the Northern Kentucky Health Department for food service, which is temporarily parked in a location to sell food and/or non-alcoholic beverage items to the general public.
MOBILE FOOD VENDING SERVICE BOUNDARIES. The following rights-of-way and city-owned parking lots are permissible parking areas for mobile food units:
(1) Philadelphia Street from Fourth Street to Seventh Street;
(2) Madison Avenue from Rivercenter Boulevard to Eighth Street;
(3) Seventh Street between Washington Street and Madison Avenue;
(4) Bill Cappel Sports Complex - city- owned parking lot;
(5) Eighth Street between Greenup Street and Garrard;
(6) Southern Avenue between Church and Caroline Avenue; and
(7) Main Street from West Eleventh Street to Martin Luther King Jr. Boulevard.
(1984 Code, § 111.550) (Ord. O-02-20, passed 1-14-2020)
(A) A mobile food unit may not operate within the city without obtaining a permit for mobile food vending services.
(B) Mobile food unit services on city-owned property shall be limited to the rights-of-way and defined parking lots described in the mobile food vending service boundaries. Mobile food unit services on other city-owned property shall be limited to areas approved on a city special event permit.
(C) Mobile food service on private property shall be limited to the zones permitted in the city’s Zoning Code, and require written permission of the property owner.
(D) A mobile food vendor may obtain a permit to serve customers, provided all standards identified in this section are met. If demand for mobile food units exceeds available spaces within the defined locations, the city will issue permits on a first come first served basis.
(E) The granting of a permit under this section shall not constitute a property interest or right in any city-owned property, including, but not limited to, city rights and sidewalks. Any permit granted herein does not provide a mobile food vendor or mobile food unit exclusive rights to any public property or parking space.
(1984 Code, § 111.551) (Ord. O-02-20, passed 1-14-2020)
(A) Permitting shall be on a per mobile food unit basis, with each different mobile food vendor requiring a separate license for each individual mobile food unit.
(B) There shall be a permit application fee of $500 per mobile food unit per year. The application fee shall be non-refundable. Ten percent of the fee shall be remitted by the city to the Covington Motor Vehicle Parking Authority to offset loss of on-street parking revenue. The permit fee for permits issued after July 1 shall be $250 per mobile food unit for the remainder of that calendar year.
(C) All applications for permits shall be submitted to the City Manager and shall be accompanied with all submittal requirements on the city’s application form, including the required certificate of insurance, state and county approvals, proof of Health Department approval, and permitting fee.
(D) Permits are valid for the calendar year the permit is issued, unless otherwise invalidated, revoked or terminated prior to the end of the term. Mobile food vendors must reapply (including payment of all applicable fees) each calendar year.
(E) The mobile food vendor must submit proof of a valid insurance policy through an insurance carrier authorized or eligible to do business in the commonwealth for any damage to the public right-of-way and for any damages for which the city might incur liability for property damage, personal injury or death arising out of the mobile food vendor’s operations. The minimum liability limit of the policy shall be $1,000,000. The city shall be listed as an additional insured as its interests may appear on all certificates of insurance.
(F) By submitting a permit application, the mobile food vendor agrees to abide by all terms and conditions of this subchapter, and agrees that it shall hold the city, its employees, agents and elected officials harmless and indemnify them for any loss, liability, damage and costs and expenses arising from its operations. The city is not liable for any business loss, property loss or other damage that may result from use of the permit, or suspension or revocation of the permit, relocation of the mobile food unit, or the discontinuance of the practice of permitting such activity, and no such mobile food vendor shall maintain any claim or action against the city and/or its officials, officers, employees or agents on account of any suspension, relocation, revocation or discontinuance. The indemnifications required herein shall include, but not be limited to, injury or death resulting from a slip and fall of the mobile food vendor’s employees or customers due to grease, debris, snow or ice in the queue areas of the mobile food vending unit.
(1984 Code, § 111.552) (Ord. O-02-20, passed 1-14-2020)
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