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(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(7) In the event this subchapter is amended or repealed as to render the mobile food vendor’s activities inconsistent with the city’s mobile food unit regulations; and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fee paid for the permit by the permit holder; no refund shall be issued to any mobile food unit permit issued that is no longer valid because of an amendment, revision or termination.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)