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When considering a permit application, the City Manager or his or her designee shall consider the following criteria:
(A) Impact on local economy;
(B) Impact on public health and safety;
(C) Impact on transportation and traffic;
(D) Completeness of the application and accuracy of information;
(E) Compliance with the terms of this subchapter, and other city, county, state and federal laws, ordinances, rules and regulations;
(F) Outstanding delinquent accounts or liabilities, if any, to the city;
(G) The existing number of mobile food unit permits operating within the city rights-of-way; and
(H) If demand exceeds appropriate and available space.
(1984 Code, § 111.553) (Ord. O-02-20, passed 1-14-2020)
(A) The mobile food unit may only be parked within the mobile food unit service boundaries or upon private property in an authorized zone.
(B) If located upon private property, the mobile food unit shall comply with all setback, sightline and other city zoning code regulations regarding the location of an accessory structure.
(C) In order to preserve sufficient public parking, and to prevent potential traffic congestion on city streets and sidewalks which may present a risk to public health and safety and the right to quiet enjoyment of property, at any one time no more than three mobile food units may be located on a single street within the mobile food unit service boundaries.
(D) Mobile food vendors must be actively engaged in vending operations at all times while occupying any public property.
(E) All mobile food units must be situated to allow at least five feet of unobstructed space for pedestrians on sidewalks, pedestrian paths, and other locations intended primarily for pedestrian travel. If any applicable law, including the Americans with Disability Act, shall require a greater distance, the greater distance shall apply.
(F) Mobile food units may not be parked in a location that prohibits or restricts access to a private property or public facility. A minimum five-foot spacing is required from any driveway, measured from the driveway apron.
(G) Mobile food vendors may not operate in any manner that blocks, obstructs or restricts the free passage of vehicles or pedestrians in the lawful use of the sidewalks or highways or ingress or egress to the abutting property.
(H) The mobile food unit must be located at least five feet from any utility box, utility vault, handicapped ramp or emergency call box. The mobile food unit must be located at least 15 feet from all fire hydrants.
(I) Mobile food units may not be parked upon a sidewalk, in grass, or on any other unpaved surface unless specifically authorized in an applicable city permit.
(J) Mobile food units shall not park on public rights-of-way during designated street sweeping times, or when a road is closed, or blocked, including for maintenance. Mobile food units and vendors shall comply with all ordinances, laws and regulations, including, but not limited to, those regarding traffic and parking.
(1984 Code, § 111.554) (Ord. O-02-20, passed 1-14-2020)
A mobile food unit must comply with the following standards at all times during operation.
(A) The mobile food vendor must dispose of all waste associated with the mobile food unit operation, and must make waste and recycling receptacles available to its customers. City receptacles may not be utilized. No liquid waste or grease may be poured into any tree pit, storm drain, gutter pan, sidewalk or any other public space, or in a manner inconsistent with the city’s solid waste disposal regulations or nuisance code. Grease cannot be released into the city’s sanitary sewer system. The mobile food vendor shall make available hand sanitizer to its customers.
(B) Permitted mobile food units may operate every day of the week from the hours of 6:00 a.m. to 10:00 p.m. The mobile food unit may not operate or park within the mobile food vending service boundaries before 5:30 a.m. and must cease operation and leave the permitted parking space by 10:30 p.m.
(C) Mobile food vending units shall not exceed 31 feet in length or eight feet, five inches in width. If parked within a public right-of-way, the mobile food unit shall comply with all applicable parking regulations, and shall not occupy more than one marked parking space.
(D) The mobile food vendor shall not utilize tables or chairs on public property, including city sidewalks or streets, in conjunction with the mobile food unit. All equipment shall be contained within or on the mobile food unit. This section shall not prevent an approved special event permit from specifically authorizing the use of tables, chairs and other free- standing equipment on public property.
(E) Mobile food vendors shall not utilize the city’s electrical outlets, unless specifically authorized by the city in writing.
(F) Every mobile food vendor to whom a permit is issued shall, at all times while engaged in that business, have the applicable permit in his or her possession, prominently displayed in the front windshield of the vehicle, for public viewing, and shall produce the same at the request of any city official or at the request of any individual to whom the mobile food vendor is exhibiting his or her food or attempting to sell the same.
(G) Mobile food vendors must comply with all other applicable ordinances, laws and regulations, including, but not limited to, applicable ordinances regulating license fees and taxes.
(H) During operation, mobile food vendors shall be required to keep the vending area adjacent to the mobile food unit free from ice, snow, oil or other material that may cause a slip and fall hazard.
(1984 Code, § 111.555) (Ord. O-02-20, passed 1-14-2020)
(A) The City Manager or his or her designee may suspend or revoke any permit issued under this section, or require a mobile food vendor to relocate its mobile food unit, for any of the following reasons:
(1) To allow for construction, maintenance or repair of any street, curb, gutter, sidewalk, storm drain inlet or any other similar facility;
(2) Failure to comply with all terms of this subchapter, or other applicable local, state and federal regulations;
(3) Revocation of any required permit to conduct the mobile food service operations, including revocation by the Northern Kentucky Health Department or other issuing entity;
(4) Excessive noise;
(5) Improper disposal of solid waste, grease, oil or other materials from the mobile food unit;
(6) When the desired location of the mobile food unit is closed, or during special events;
(7) In the event this subchapter is amended or repealed as to render the mobile food vendor’s activities inconsistent with the city’s mobile food unit regulations; and
(8) To maintain the comfort, health, safety and welfare of the public.
(B) If the City Manager or his or her designee exercises the right to suspend or revoke a permit issued under this section, written notice shall be provided to the mobile food vendor at the address on file for the permit. The city’s delay or failure to issue a suspension or revocation of any permit shall not constitute a waiver of this section. No reimbursement for any portion of the permit fee shall be made in the event a mobile food unit permit is suspended or revoked, or if a mobile food unit is required to relocate temporarily or permanently.
(1984 Code, § 111.556) (Ord. O-02-20, passed 1-14-2020)
The city’s Board of Commissioners may amend, revise or terminate mobile food service by ordinance duly enacted. The city shall retain the entire fee paid for the permit by the permit holder; no refund shall be issued to any mobile food unit permit issued that is no longer valid because of an amendment, revision or termination.
(1984 Code, § 111.557) (Ord. O-02-20, passed 1-14-2020)
Any person aggrieved by a decision of the City Manager or his or her designee regarding denial, suspension or revocation of a mobile food vending service permit shall have the right to appeal any such decision to the Board of Commissioners by filing a written notice of appeal with the City Clerk within five days after the written decision is rendered. The appeal shall be heard no later than 20 days after the notice of appeal is filed. The appeal shall be based on the record, except when the Board of Commissioners, in its sole discretion, requests additional evidence from the interested parties or other witnesses. No appeals will be considered if an appeal is not filed in a timely manner.
(1984 Code, § 111.558) (Ord. O-02-20, passed 1-14-2020)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(C) Any person, firm or corporation found to be in violation of the provisions of § 114.31 of this chapter shall be deemed guilty of a misdemeanor and shall be fined in a sum not more than $500 or six months in jail, or both so fined and imprisoned, at the discretion of a court of appropriate jurisdiction.
(D) Any person, firm or corporation found guilty of violating the provisions of §§ 114.45 through 114.53 of this chapter shall be deemed guilty of a misdemeanor and shall be fined not less than $300 or imprisoned for not more than 60 days, or both, for the first offense, and fined not less than $500 or imprisoned for not more than 90 days, or both, for each offense after the first in the same calendar year, plus mandatory revocation of license with the second offense.
(1984 Code, § 111.999) (Ord. O-44-82, passed 7-20-1982; Ord. O-76-88, passed 9-13-1988; Ord. O-87-88, passed 11-15-1988; Ord. O-13-94, passed 4-12-1994; Ord. O-21-04, passed 3-30-2004)