(A) Purpose and intent. In order to promote a new dynamic for the citizens of McCracken County, create new jobs, increase quality of life and diversify dining options, this section has been adopted to allow mobile food vehicles to operate under specific guidelines.
(B) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MOBILE FOOD ADMINISTRATOR. The Planning and Zoning Administrator or designee. The ADMINISTRATOR shall be responsible for the administration, oversight and enforcement of the provisions under this section.
MOBILE FOOD VEHICLE. A vehicle-mounted, vehicle-towed or vehicle-carried food service establishment that engages in the sale and preparation of food or beverages in individual portions to the general public.
MOBILE FOOD VENDOR. A person who prepares or serves food or beverages to the general public from a mobile food vehicle.
(C) Exemptions. This section shall not apply to ice-cream trucks that move from place-to-place and are stationary in the same location for no more than ten minutes at a time. This section also does not apply to food vending push carts or stands. Mobile food vehicles located on private property and not serving the general public may locate in any zone for up to 72 hours at one location.
(D) Zoning locations. Mobile food vehicles may operate in the following zones: Commercial, Light Industry, and Heavy Industry Zones. All other zones are expressly prohibited, except in public parks as described.
(E) Location. Mobile food vehicles are expressly prohibited from locating on state or county rights-of-way. Mobile food vehicles may not locate within 100 feet of the principal entrance of any restaurant where more than 50% of sales are derived from food.
(1) A mobile food vehicle shall not operate for more than 14 consecutive days at one location. After 14 consecutive days has expired, a mobile food vehicle shall not operate at the same location until a period of 30 days has elapsed. The Mobile Food Administrator must receive written notice (letter or email) 48 hours prior to any mobile food truck setting up operation in McCracken County. Failure to provide 48 hours’ notice will be grounds to revoke a mobile food vehicle’s permit. This notice must include all of the following:
(a) Mobile food vehicle business name;
(b) Contact name and phone number and mailing address;
(c) Location the mobile food vehicle will be operating and the dates it will be operating at that location;
(d) Written permission to locate upon site if required by division (E)(2) below;
(f) Proof of mobile food permit currently valid, and continuously valid during the time of operation specified in the notice.
(2) The mobile food vendor must obtain written permission from the property owner to locate on private property and said permission must be made available to the Mobile Food Administrator. Mobile food vehicles in private parking lots may be asked to be moved in the event sufficient parking is not available. Written permission must be granted from the McCracken County Judge Executive or designee (depending on ownership) if the mobile food vendor proposes to operate in a public park.
(3) In no case shall a mobile food vehicle obstruct traffic or pedestrian flow. No stop sign, yield sign, school crossing sign or any other traffic-control sign or signal shall be obstructed. No ingress/egress of any driveway or alley shall be obstructed. No fire hydrant or fire lane shall be obstructed.
(F) Parking requirements. There are no parking requirements if a mobile food vehicle locates in the parking lot of an existing business as described in division (D) above. If a mobile food vehicle locates on a stand-alone parking lot, there must be a minimum of eight parking spots per mobile food vehicle.
(G) Self-contained units and appurtenances. All mobile food vehicles shall have self-contained water and wastewater. No gray water or grease shall be dumped upon any street, sidewalk or down a stormwater drain. No power cable, extension cord or other equipment shall be extended across any street, alley or sidewalk. If a power cable, extension cord or other electrical equipment is extended across a parking lot, said equipment must be protected from vehicle movements in accordance with the National Electrical Code requirements.
(1) No tables, chairs, umbrellas or other appurtenances shall be allowed on public property.
(2) All mobile food vehicles shall be in compliance with regulations established by the Cabinet for Health and Family Services, Department for Public Health, Division of Public Health Protection and Safety and/or the Purchase District Health Department.
(3) All mobile food vehicles are responsible for the litter created by their unit.
(H) Serving articles and alcoholic beverages. Patrons shall be provided with single-serve articles, such as plastic utensils, plastic or Styrofoam cups and paper or Styrofoam plates. Mobile food vehicles shall not serve any alcoholic beverage unless permitted as part of a special event.
(I) Noise. No mobile food vehicle may emit bells, music, horns or other audible sounds used to attract customers. Strobe lights, flashing lights or other repetitious lighting are prohibited.
(J) Application and permitting.
(1) Application. Every mobile food vendor desiring to operate a mobile food vehicle shall submit an application for a mobile food permit to the Mobile Food Administrator. All mobile food vendors shall first obtain necessary inspections and permits otherwise required by the county, the Purchase District Health Department, and any other local, state or federal agencies or departments, including without limitation a current county business license, in order to vend in McCracken County. All applicants must pass a fire inspection performed by the Paducah Fire Prevention Division. Cost of the fire inspection is set by the City of Paducah. In addition to the information required by the application, the Mobile Food Administrator may request other information reasonably required. The mobile food permit application shall not be considered complete until the Mobile Food Administrator has all information as required by the application or otherwise.
(2) Issuance of mobile food permit. Once the application is considered complete by the Mobile Food Administrator, the Mobile Food Administrator shall issue or deny the mobile food permit within 14 business days. The mobile food permit shall be valid for one calendar year from the date of issuance, unless the mobile food permit is revoked pursuant to this section.
(3) Permit renewal. Every mobile food permit in good standing can be renewed annually prior to expiration with the Mobile Food Administrator. Upon the mobile food permit’s expiration, the holder of the mobile food permit forfeits the right to renew and the mobile food vendor must reapply for a new mobile food permit.
(4) Fees. Application fee is $50. Permit renewals are $25.
(5) Inspections after permitting. Permitted operations will be inspected periodically and without notice by representatives of various government service providers referenced herein to ensure compliance with this section.
(6) Operation without permit. Any mobile food vehicle operating without a valid mobile food permit may be deemed a zoning violation and subject to the penalties listed in § 150.999.
(7) Revocation of permit. The Mobile Food Administrator may revoke a mobile food permit if it is discovered that:
(a) An applicant obtained the mobile food permit by knowingly providing false information on the application;
(b) The continuation of the mobile food vendor’s use of the mobile food permit is a threat to public health or safety, or if the mobile food vendor otherwise presents a threat to public health or safety; or
(c) The mobile food vendor or mobile food vehicle violates regulations of this section or any other county ordinance.
(8) Appeal of revocation. Decisions of the Mobile Food Administrator may be appealed to the McCracken County Board of Adjustment pursuant to § 150.107 of this code. The decision resulting therefrom shall be final. Following the revocation of a mobile food permit, a vendor must wait one year before reapplying for a new mobile food permit.
(Ord. 2021-06, passed 8-9-2021)