(a) Commercial quadricycles. That commercial quadricycles shall have the same meaning as set out in KRS 241.010(16).
(b) [Permits:]
(1) No person shall drive or operate a commercial quadricycle for hire in Lexington Fayette Urban County unless the commercial quadricycle owner obtains an operating permit from the division of alcoholic beverage control, in compliance with the following requirements:
a. Completion of a written application with the division of alcoholic beverage control which must include the commercial quadricycle business' name, registered address and articles of incorporation;
b. Written documentation that the commercial quadricycle business has general liability insurance of at least two million dollars ($2,000,000.00) from an insurer authorized to do business in the Commonwealth of Kentucky;
c. Documentation that every commercial quadricycle operated on public streets and highways has been inspected and is certified as meeting the safety and equipment standards;
d. A proposed travel route which shall meet the requirements of Section 3-29(c) of this chapter;
e. Payment of an annual permit fee of two hundred fifty dollars ($250.00) per quadricycle to the division of revenue;
f. Any other documents as the division of alcoholic beverage control may require.
(2) Any permit under this section may be denied, suspended or revoked for one (1) or more of the following reasons:
a. The applicant has failed to comply with one (1) or more of the provisions of this chapter;
b. Fraud, misrepresentation, or bribery in securing or renewing a permit;
c. Fraud, misrepresentation, or false statements made in the application and investigation for, or in the course of the applicant's business;
d. The operating permit is defaced, altered, forged or counterfeited; or
e. Failure to comply with any other local, state or federal law.
(3) A commercial quadricycle business may appeal any denial, suspension, or revocation within seven (7) days of the date of the decision to the commissioner of public safety. A denial by the commissioner of public safety may be appealed within thirty (30) days of the decision to the Fayette County Circuit Court.
(c) [Travel routes:]
(1) A commercial quadricycle business must submit its proposed travel route to the alcoholic beverage control administrator for approval. Proposed travel routes shall include:
a. Starting and ending points;
b. Drop off points;
c. Duration of the trip;
d. Expected starting times; and
e. The days of the week that the quadricycle will be traveling this route.
(2) The travel route will be restricted to the following boundaries: High Street turning into Versailles Road from Woodland Avenue to South Forbes Road; South Forbes Road from Versailles Road to West Main Street; West Main Street from South Forbes Road to Newtown Pike; Newtown Pike from West Main Street to Fourth Street; Fourth Street from Newtown Pike to Jefferson Street; Jefferson Street from Fourth Street to Sixth Street; Sixth Street from Jefferson Street to Elm Tree Lane; Elm Tree Lane from Sixth Street to East Third Street; East Third Street from Elm Tree Lane to Winchester Road; Winchester Road from East Third Street to Delaware Avenue; Delaware Avenue from Winchester Road to Henry Clay Blvd; Henry Clay Blvd. from Delaware Avenue to Fairway Drive; Fairway Drive From Henry Clay Blvd to Fairwood Lane; Fairwood Lane from Fairway Drive to East Main Street; East Main Street from Henry Clay Blvd. to Woodland Avenue and Woodland Avenue from East Main Street to High Street. The proposed travel route will need to be vetted with traffic engineering, Lexington division of police, and streets and roads for any adverse impact on safety and roadways. The applicant must submit its planned route during the application process for approval.
(3) Approval or denial of the purposed travel routes for commercial quadricycles will include, but not limited to, the following factors:
a. The number of other travel routes;
b. The safety concerns raised by operating the quadricycle on public highways and streets;
c. The density of vehicular and pedestrian traffic in an area during the proposed operating times; and
d. Any other information relevant to the approval process.
(4) The division of alcoholic beverage control may place additional conditions and limitations on any approved travel route, such conditions and limitations may include, but not limited to, dates and times of operation.
(5) Appeal of any denied travel route may be made within seven (7) days to the commissioner of public safety. A denial by the commissioner of public safety may be appealed within thirty (30) days of the decision to the Fayette County Circuit Court.
(d) Safety and equipment standards:
(1) Every commercial quadricycle in operation shall be annually inspected by the division of alcoholic beverage control and meet the following minimum requirements:
a. A slow-moving emblem in accordance with KRS 189.820;
b. A back or seatbelt for each passenger seat;
c. A minimum of four (4) hydraulically operated brakes;
d. A rearview mirror;
e. Headlights; and tail lights if planning to operate at night;
f. Brake lights;
g. Turning signals;
h. A trash receptacle for refuse; and
i. Any other equipment required to comply with all applicable federal and state law.
(2) A commercial quadricycle business shall affix its authorized public consumption license number to each commercial quadricycle in a clear and conspicuous place, if it is allowing for consumption of alcohol.
(e) Hours of operation. Commercial quadricycles shall only operate between the local hours of 10:00 a.m. to 11:00 p.m., Monday through Saturday, and 11:00 a.m. to 10:00 p.m. on Sunday.
(f) Consumption of alcohol:
(1) Consumption of alcohol shall be allowed if the proper alcoholic consumption license is obtained by the quadricycle business. The APC license will permit passengers to bring a maximum of forty eight (48) total ounces of malt beverages for consumption during travel from nondescript cups; shall not permit glass containers; shall not sell alcoholic beverages or provide samples.
(2) An individual applying for an alcoholic public consumption license shall file an application using the current alcoholic beverage control process and standards, locally and with state alcoholic beverage control. Along with the application, affidavit of publication and newspaper clipping, background check, articles of incorporation, deed/lease/permit, fee payment form, final inspection form, quadricycle photograph and photo copy of driver's license/photo identification are required to be submitted.
(g) Standards for commercial quadricycle operation:
(1) a. Every quadricycle shall operate in conformity and with respect to all traffic laws, rules and regulations of the Lexington-Fayette Urban County Government and the Commonwealth of Kentucky.
b. Commercial quadricycle operators shall be twenty-one (21) years old.
c. Hold a valid drivers' license, complete certified alcoholic beverage control server training program as approved by local or state alcoholic beverage control.
d. No person shall operate a commercial quadricycle unless all passengers are seated in a seat designated for that purpose and remain seated the entire time the quadricycle is in motion.
e. No person shall operate a commercial quadricycle when the number of passengers exceeds the number of available inspected seats.
f. No commercial quadricycle shall be stored on public property overnight, including, but not limited to, streets, highways or thoroughfares.
g. Every commercial quadricycle shall operate as close as possible to the shoulder of the road, except when necessary to overtake another vehicle or to avoid a stationary object.
h. The driver and other employees must not consume or be under the influence of alcoholic beverages or illegal substances.
(h) Standards for loading and unloading passengers:
(1) Loading and unloading passengers shall be done off roadway in a parking lot, if possible, for traffic and passenger safety.
(Ord. No. 50-2020 , §§ 1—8, 6-11-20)