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A permit shall be required for each vehicle operated by a mobile food vendor which permit shall he valid for one (1) calendar year subject to § 121.05.
(Ord. 2016-11, passed 9-19-16; Am. Ord. 2017-01, passed 2-6-17; Am. Ord. 2019-02, passed 2-18-19; Am. Ord. 2019-15, passed 10-7-19)
(A) The application for the permit shall include the following:
(1) The name, home and business address of the applicant;
(2) A description of the food and beverages to be sold;
(3) A photograph and description of any vehicle to be used in the operation of the business;
(4) A copy of the Kentucky statewide mobile food unit permit or a statewide retail food unit permit issued to the applicant;
(5) Proof of a current insurance policy insuring the permittee and the city from all claims for damages to property and bodily injury which may arise from the operations under or in connection with the permit with limits of liability of at least one hundred thousand dollars ($100,000.00) per person per occurrence for bodily injury and twenty-five thousand dollars ($25,000.00) per occurrence for property damage;
(6) A payment pf a fee in the sum of five dollars ($5.00).
(B) A permit will be denied or may be revoked for any of the following reasons: conviction of the criminal offenses of larceny, assault, domestic violence, fraud, sex related crimes, drug related crimes, crimes against children, a history of traffic violations involving the mobile food unit or noncompliance with the applicable city ordinances or state laws or regulations.
(Ord. 2016-11, passed 9-19-16; Am. Ord. 2017-01, passed 2-6-17; Am. Ord. 2019-02, passed 2-18-19; Am. Ord. 2019-15, passed 10-7-19)
Per KAR 902 45:005 of the Kentucky State Food Code, a mobile food unit, (mobile food vendor), shall not stay in operation at one location for more than fourteen (14) consecutive days, then the unit must move and cannot return to the same location for thirty (30) consecutive days.
(Ord. 2016-11, passed 9-19-16; Am. Ord. 2017-01, passed 2-6-17; Am. Ord. 2019-02, passed 2-18-19; Am. Ord. 2019-15, passed 10-7-19) Penalty, see § 121.99
Neither the food vendor vehicle, or any portion of a mobile food vendor's inventory, sales equipment or any other structure or equipment used in the sales process shall be left overnight upon any unenclosed portion of any lot or site within the city, unless such site is owned by the owner of the said vehicle, inventory or equipment.
(Ord. 2016-11, passed 9-19-16; Am. Ord. 2017-01, passed 2-6-17; Am. Ord. 2019-02, passed 2-18-19; Am. Ord. 2019-15, passed 10-7-19) Penalty, see § 121.99
The mobile food vendor's vehicle and equipment must at all time maintain a satisfactory food safety permit from the local Health Department.
(Ord. 2016-11, passed 9-19-16; Am. Ord. 2017-01, passed 2-6-17; Am. Ord. 2019-02, passed 2-18-19; Am. Ord. 2019-15, passed 10-7-19) Penalty, see § 121.99
As a condition to maintaining any permit issued, all mobile food vendors shall comply with the following regulations:
(A) A valid city business license and any permit issued pursuant to this chapter shall be posted conspicuously at the place of business authorized.
(B) No mobile food vendor may set out chairs or tables unless the location is within one hundred (100) feet of a public restroom.
(C) No mobile food vendor's equipment shall be located closer than twenty (20) feet from any building or structure.
(D) No mobile food vendor's vehicle shall be located on a lot that does not have an approved entrance to a street or roadway.
(E) No mobile food vendor's vehicle shall locate closer than fifty (50) feet from flammable combustible liquid or gas storage and dispensing structures.
(F) A minimum of two (2) parking spaces shall be available to the permittee's patrons, which spaces shall not impair the parking space for any other business at the permittee's site.
(G) No mobile food vendor shall obstruct or cause to be obstructed the passage of any sidewalk, street or public way by causing people to congregate at or near the place where food is offered for sale.
(H) Vendors shall place at least one thirty (30)-gallon garbage receptacle at the business site for the use of its business and customers.
(I) The vendor shall clean up and remove all debris, trash and litter generated by its business at the end of each day.
(J) As a condition of receiving a permit and in addition to providing the insurance hereinabove described, the permittee shall agree to hold the city harmless from any and all claims and indemnify the city for the costs of attorney fees in defending any such claims.
(Ord. 2016-11, passed 9-19-16; Am. Ord. 2017-01, passed 2-6-17; Am. Ord. 2019-02, passed 2-18-19; Am. Ord. 2019-15, passed 10-7-19) Penalty, see § 121.99
Excepted from the requirements of this chapter are mobile food vendors which operate as part of a state, county, or city event or an organized civic or religious festival or similar organized activity or event approved by the city.
(Ord. 2016-11, passed 9-19-16; Am. Ord. 2017-01, passed 2-6-17; Am. Ord. 2019-02, passed 2-18-19; Am. Ord. 2019-15, passed 10-7-19)
Any permittee who violates any provision of this chapter shall be guilty of a violation and shall be fined not more than one hundred dollars ($100.00) at the discretion of the court of competent jurisdiction and in addition shall be liable to the revocation of the permit at the discretion of the Mayor. Any appeal from the decision of the Mayor to revoke the permit shall be taken to the Grayson District Court as a trial de novo.
(Ord. 2016-11, passed 9-19-16; Am. Ord. 2017-01, passed 2-6-17; Am. Ord. 2019-02, passed 2-18-19; Am. Ord. 2019-15, passed 10-7-19)