The program shall be conducted as follows:
(A) Mobile self-contained food units may set up and operate on city-owned property, including property owned or controlled by the City of Flemingsburg Tourism and Convention Commission, with written permission of the Mayor of Flemingsburg or their designee.
(B) (1) Mobile self-contained food units may set up and operate on privately-owned commercial property after the vendor obtains a written agreement from the property owner or leaseholder.
(2) Mobile self-contained food units shall not set up and operate, on private commercial property, within one hundred (100) feet of the property line of any brick and mortar restaurant which pays a “restaurant tax” as defined by other ordinances of the City of Flemingsburg.
(C) An applicant for the program must possess a City of Flemingsburg mobile self-contained food unit license for each mobile self-contained food unit operated by said vendor.
(D) As a condition of participating in the program each person receiving a license must sign a verified statement that they agree to conform and abide by the requirement of this chapter and shall maintain a comprehensive general liability insurance policy in a minimum amount of not less than five hundred thousand dollars ($500,000.00). A copy of the same shall be attached with all applications before a license is issued.
(E) Upon the applicant meeting all requirements of this chapter a mobile self-contained food unit license shall be issued by the City Clerk or their designee. This license shall always be displayed by the vendor while conducting business as a part of this program.
(F) The license issued is not transferrable and the issuance of the license does not create or confer a property interest of any kind.
(G) A mobile self-contained food unit license shall expire on December 31 of each year.
(H) In addition to any other penalties for a violation of this chapter, a violation of this chapter shall result in the automatic revocation of the program license. A license may also be suspended or revoked by the Code Enforcement Officer or a Flemingsburg police officer based upon a finding that the licensee has failed to abide by the requirements of this chapter.
(I) A mobile self-contained food unit may not locate or operate within an area zoned as a residential district under the City of Flemingsburg or within one hundred feet (100) of the property line of a dwelling unit located in an area zoned as a residential district except in city parks.
(J) The mobile self-contained food unit vendor shall be subject to any city restaurant tax as defined by other ordinances of the City of Flemingsburg and shall be considered a “restaurant” for such purposes.
(K) A mobile self-contained food unit may not remain on public property while not in use and shall not remain on public property overnight unless written permission is obtained from the Mayor of Flemingsburg or their designee.
(L) The location of the mobile self-contained food unit must allow for proper vehicular and pedestrian access and required fire access.
(M) Mobile self-contained food units shall not set up or park on any sidewalk within the City of Flemingsburg without the express written permission of the Mayor or their designee.
(N) The mobile self-contained food unit vendor shall provide trash containers sufficient in size to collect all waste generated by customers and staff of the vendor. The vendor shall also be responsible for any litter or debris located within a forty (40) foot radius of their unit, including sidewalks in the immediate vicinity. All waste generated shall be removed from the area by the mobile self-contained food unit vendor.
(O) To encourage tourism and participation in special events, any mobile self-contained food unit vendor may operate within the geographical boundaries of a special event within city limits without purchasing a food vendors license and/or a business license if:
(1) The Mayor of Flemingsburg has designated the event as an organized civic or community sponsored event; and
(2) The mobile food vendor has proper certification by the Fleming County Health Department to operate as a food unit; and
(3) The mobile food vendor shall not conduct business as part of this special event for more than three (3) days.
(4) While participating in an organized civic or community sponsored event, within the geographical boundaries of that specific event, the mobile self-contained food unit shall not be required to collect and remit the city’s restaurant tax.
(P) A mobile self-contained food unit vendor shall not use any sewer line or drain within the public right-of-way or on public property.
(Q) A mobile self-contained food unit vendor shall not use any sewer line or drain of a private property owner.
(R) A mobile self-contained food unit vendor shall not use any electrical outlet or waterline within the public right-of-way or public property without the express written consent of the Mayor of Flemingsburg or their designee.
(S) A mobile self-contained food unit vendor shall not use any electrical outlet, or waterline of an existing private property owner without the express written consent of the private property owner.
(T) A mobile self-contained food unit shall not block access to use of any public bench or any public utility pole.
(U) A mobile self-contained food unit shall not set up any chairs or any table on the public right-of-way without the express written permission of the Mayor or their designee.
(V) A mobile self-contained food unit vendor shall not in any manner damage public property or the public right-of-way. Examples include but are not necessarily limited to the use of stakes, rods, or any method that is required to be drilled, driven, or otherwise fixed in an asphalt pavement, curb, bricks, sidewalks, or buildings. The vendors shall be solely responsible for any such damage.
(Ord. 6-24-2, passed 6-10-24)