(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)