For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DOWNTOWN SQUARE AREA. The Lincoln Square Entertainment District and adjacent area to include the area bounded by Walters Avenue to Water Street to N. Greensburg Street to S. Greensburg Street and to High Street.
MOBILE FOOD UNIT. A food establishment which is on wheels, is mobile and self-propelled as a licensed vehicle from which sells both prepared and pre-packaged consumable foods and which conducts business on public streets with the city. MOBILE FOOD UNIT shall also include food concession trailers pulled by licensed vehicles which are used to prepare or sell consumable foods. MOBILE FOOD UNIT shall include ice cream vehicles.
MOBILE FOOD UNIT VENDOR. Any person or business entity who conducts business from a mobile food unit on public streets within the city.
PUSHCART VENDOR. Any person or business entity who conducts business from a Pushcart on public sidewalks within the city.
PUSHCARTS. A non-self-propelled mobile food unit that is lightweight enough, designed and intended to be moved by one person that typically serves foods such as fruit, popcorn, drinks, hotdogs, flavored ice, or prewrapped foods.
(A) Mobile food unit vendors and pushcart vendors shall be subject to and shall comply with all city business regulation requirements and shall not be delinquent on any fees or taxes owed to the city. Mobile food unit vendors and pushcart vendors shall also comply with all other federal, state, and local laws, rules and regulations including, but not limited to, Health Department and Kentucky Fire Marshal laws and regulations.
(B) Mobile food unit vendors using public streets in the city outside of the Lincoln Square Entertainment District Area shall operate only in authorized on-street parking spaces and shall not occupy more than two consecutive parallel parking spaces. Mobile food units shall not be parked for longer than four hours and shall not park any closer than ten feet from any structure. Except as authorized in this chapter, mobile food unit vendors shall not park any mobile food unit in a manner which prohibits others from parking in otherwise available spaces or areas or park in any manner that prohibits or hinders the ability of other drivers to safely enter or exit any street or alley or to observe posted traffic signs or signals. Mobile food units may operate on public streets outside the Lincoln Square Entertainment District Area in the city from 6:00 a.m. to 12:00 a.m. each day.
(C) Mobile food unit vendors using public streets in the city within the Lincoln Square Entertainment District Area may operate in authorized on-street parallel parking spaces from 6:00 a.m. to 12:00 p.m. and Town Hill parking lot from 6:00 a.m. to 12:00 a.m. Mobile food unit vendors shall not occupy more than two consecutive parallel parking spaces and shall not park for longer than hours. Except as authorized in this chapter, mobile food unit vendors shall not park any mobile food unit in a manner that prohibits or hinders the ability of other drivers to safely enter or exit any street or alley or to observe posted traffic signs or signals. Any mobile food unit operating in the Lincoln Square Entertainment District Area after 5:00 p.m. shall park only in Town Hill parking lot or designated posted areas.
(D) Pushcart vendors may operate on public sidewalks in the Lincoln Square Entertainment District Area of the city. Pushcart vendors shall not operate on public streets, roads, or alleys. Pushcart vendors shall not impede the ingress or egress of any driveway or the entrance to any building. Pushcart vendors shall not obstruct pedestrian space and shall maintain at a minimum five feet of sidewalk space for pedestrian passage adjacent to the pushcart. Pushcart vendors may operate from 6:00 a.m. to 12:00 a.m. and shall not remain at the same location for more than four hours.
(E) No mobile food unit or pushcart shall operate in violation of the above provisions unless allowed pursuant to an approved special city sanctioned event. During special events, no mobile food unit or pushcart shall occupy any permitted special event location without the consent of the management of the special event.
(F) No mobile food unit or pushcart shall be left unattended or allowed to park on public streets or sidewalks in the city overnight and any such mobile food unit or pushcart left unattended or parked overnight may be towed or removed at the city’s discretion. All mobile food unit vendors and pushcart vendors shall promptly cease operations and remove the mobile food unit or pushcart upon request by appropriate city officials.
(G) Mobile food unit vendors or pushcart vendors shall only use lighting which is affixed to the mobile food unit or pushcart, and which does not cause any glare that creates a public hazard, nuisance or distraction to other vehicles or neighboring businesses. No flashing, strobe or neon lighting shall be permitted.
(H) Mobile food unit vendors and pushcart vendors shall supply their own electrical power and shall not connect to city power outlets unless approved otherwise.
(I) The operator of any mobile food unit shall possess a valid driver’s license and shall provide that license upon request by any authorized city official.
(J) Mobile food units and pushcarts shall at all times operate in a manner that ensures the safety of patrons, pedestrians, and the public. All operations of authorized mobile food units shall serve customers only from the side of the mobile food unit that is parked abutting and parallel to the curb and from the side opposite of the flow of traffic. No mobile food units or pushcarts shall solicit drive-through service or solicit or make any sales to occupants of vehicles nor shall mobile food units or pushcarts operate in a manner to cause congestion that impedes pedestrian or vehicle traffic or interferes with the public use of any rights-of way, sidewalks, or public benches. No tables, chairs or similar property shall be permitted on public property. No cords, cables or wires shall be attached to any part of the mobile food unit, trailer or pushcart that cross any public sidewalk or street.
(K) The mobile food unit or pushcart shall provide its own waste and recycling containers in sufficient size to collect all waste and recyclables generated by the mobile food unit or pushcart. The operator of the mobile food unit or pushcart shall remove all garbage, trash, paper, cups, cans, or litter from the immediate area around the mobile food unit or pushcart. No waste shall be disposed of in public waste receptacles. No hoses or drainage of grease traps or similar liquids shall be drained into any storm water drainage system and all such liquids shall remain on the mobile food unit or pushcart until properly disposed.
(L) Mobile food unit vendors and pushcart vendors shall be responsible for any damage to public property or public streets caused by the operation of the mobile food unit or pushcart, including, but not limited to, damage due to stakes, rods, or other support methods.
(M) City of Hodgenville Code Enforcement or Police Department shall be authorized, to inspect the permitted mobile food unit or pushcart without notice and without consent during normal operating hours.
(N) All mobile food units and pushcarts shall be operated with noise appropriate generators. Sound absorbing devices are recommended to contain or deflect the noise form generators. All mobile food unit generators shall be rated at or below 80 decibels. Amplified music is not prohibited.
(O) The city has the authority to limit or prohibit an operation on any city-owned properties.
(Ord. 2022-09, passed 12-16-2022)
(A) No person, firm, partnership, corporation, or other business entity shall operate a mobile food unit or pushcart on public rights-of-way in the city without a mobile food unit vendor or pushcart vendor permit issued by the City Code Enforcement. Each mobile food unit or pushcart shall require a separate permit (a vehicle pulling a trailer constitutes one mobile food unit). Each permit shall be valid for a 12-month calendar period beginning on January 1 of each year unless suspended or revoked. Upon approval of the permit application, the mobile food unit or pushcart shall be issued a unique color-coded sticker for that calendar year and this sticker shall be affixed to the mobile food unit or pushcart in a publicly visible location. Mobile food unit vendors and pushcart vendors shall renew permits with the city prior to the end of any 12-month term and shall be in compliance with the provisions of this chapter prior to being issued a renewal permit.
(B) The mobile food unit or pushcart permit application shall be submitted with an annual fee of $200 along with the name, business address and contact information for the applicant. Any permit issued on or after July 1 of any calendar year shall pay a permit fee of $100 for the remainder of that year. The application shall also include a copy of the documentation showing that the mobile food unit or pushcart has been inspected and approved by the City Code Enforcement, Health Department and Kentucky State Fire Marshal office. The application shall also include the mobile food unit license number, description, vehicle identification number and proof of the mobile food unit automotive insurance. The mobile food unit or pushcart permit application shall contain proof of required liability and other insurance required by this chapter.
(C) Each mobile food unit vendor or pushcart vendor issued a permit shall agree to hold the city and its officials, officers, and employees harmless and to indemnify and defend the city against all claims, damages, losses and expensed, including attorney’s fees, resulting from the permitted activity. Each mobile food unit vendor or pushcart vendor also agrees to indemnify and hold harmless the city and its official, officers and employees for bodily injury, disease or death, or injury to or destruction of property, including the loss of use there from and/or breach of contract that is not caused by an negligent act or omission of willful misconduct of the city or its officials, officers and employees acting within the scope of their employment.
(D) The mobile food unit vendor or pushcart vendor shall not commence work until all insurance has been obtained and copies of policies or certificates thereof are submitted to and approved by the city. Without limiting vendor’s indemnification requirements, it is agreed that vendor/seller shall procure, maintain, and keep in force at all times during the performance of this agreement the following policy or policies of insurance covering its operations in the minimum limits set out below:
(1) (a) Commercial general liability. Including contractual liability, bodily injury and property damage combined at a minimum of $1,000,000 for each occurrence; personal and advertising injury of $1,000,000 for any one person or organization and $1,000,000 in the aggregate.
(b) Automobile liability. Insuring all owned, non-owned and hired motor vehicles. The minimum coverage for liability limit is $1,000,000 combined single limit for any one accident. The limit of liability may be subject to increase according to any applicable state or federal transportation regulations.
(c) Workers' compensation. Insuring the employers’ obligations under KRS Chapter 342 at statutory limits.
(2) The commercial general liability policy shall be endorsed to contain the following provisions:
(a) The City of Hodgenville, its elected and appointed officials, employees, agents and successors and volunteers are to be added as “additional insured.” The coverage shall contain no special limitations on the scope of protection afforded to the city, its elected and appointed officials, employees, agents, successors, and volunteers and may not include terms which may make the coverage excess to other insurance on which the city, its elected and appointed officials, employees, agents, successors, and volunteers may also qualify as an additional insured.
(b) The insurance coverage for the vendor entering into a contract shall be on a primary and non-contributory basis for liability arising out of activities performed by or on behalf of the vendor entering into this contract for service including the insured’s general supervision of the premises owned, occupied or used by the vendor/seller entering into this contract and ongoing operations as well as completed operations and work performed by vendor. Any insurance or self-insurance maintained by the city, its elected and appointed officials, employees, agents and successors and volunteers shall be in the excess of the vendor’s insurance coverage.
(c) Certificates of insurance as required above shall be furnished to:
City of Hodgenville
Attn: Code Enforcement
200 South Lincoln Blvd.
Hodgenville, KY 42748
Fax: 270-358-9757
(Ord. 2022-09, passed 12-16-2022)
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