(A) Intent. The purpose of this transient business regulations section is to establish minimum guidelines for transient businesses wishing to conduct business within the city limits. This section provides requirements that promote health, safety, and general welfare of the citizens and establish reasonable and uniform regulations for transient businesses.
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
"TRANSIENT BUSINESS/MERCHANT." The sale of goods or services from roadside or public view by way of tent, trailer, roadside stand, parked vehicle, or other similar enclosure not attached by permanent foundation.
(C) Procedure.
(1) Anyone wishing to operate a transient business must first obtain a transient business license application from the Murray Planning Department. No person shall operate a transient business in the city without an issued license.
(2) The transient business license application will be reviewed by the Murray Planning Department to ensure zoning compliance. If all requirements in division (D) are met, the City Clerk will issue a transient business license to the applicant.
(3) If during the time the license is in effect, the transient business fails to maintain the required conditions pursuant to division (D), the city may revoke the permit and the transient business activity shall be terminated.
(4) The decision of the city official concerning revocation of the transient business license shall be final, unless a written appeal by the applicant is filed with the municipal appeals board within thirty (30) days of the applicant's receipt of the notice to revoke the permit.
(5) Each location shall maintain a separate transient business license. Licenses are non-transferable.
(6) It shall be the duty of the Murray Police Department and/or the Code Enforcement Officer, to see that any person, firm, corporation, partnership, or other entity which engages in, does or transacts any temporary or transient business in the city has the license required and shall cause a citation to be issued for any person not having an appropriate license.
(7) Mobile food vendors shall operate within the guidelines established by this chapter, specifically § 115.06.
(D) Required conditions. Approval of a transient business permit is subject to the following conditions:
(1) Transients businesses are permitted uses in (B-2) Highway Business, (B-3) Central Business, (B-4) Medium Density Business, (G) Government, and (I) Industrial zoning districts and as a conditional use in a (B-1) Neighborhood Business zoning district.
(2) Transient businesses must be a minimum of twenty-five (25) feet from each other (measured by radial distance), if the location is approved by the property owner.
(3) Any signage, other than that permanently affixed to the mobile transient facility must be approved by the Murray Planning Department.
(4) The maximum length of time a transient business will be allowed at an approved location will be ninety (90) consecutive days. The owner/operator may reapply for a permit at the end of that period, but the transient business must be relocated at a minimum of twenty-five (25) feet (measured by radial distance) from the prior location. The owner/operator may return to a previous location after ninety (90) consecutive days, if approved by the property owner of the location.
(5) A site plan must be submitted for review and approval by the Planning Department. The city has the right to accept or reject any site plan submitted. Once approved by the city, all site plans must be maintained by the transient business through the duration of the permit. Any deviation from the site plan by the transient business may result in revocation of the permit and the transient business activity shall be terminated.
(6) All transient businesses are subiect to the Public Noise Ordinance as prescribed in Chapter 99 of this code.
(7) The provisions of this chapter shall not apply to any general sale, fair, auction, or bazaar sponsored by any religious, education, public service, or charitable organization.
(8) Failure to comply with this chapter could result in revocation of the transient business license and/or permit, or a penalty as prescribed in division (E).
(9) The provision of this section shall not be interpreted to be in contravention of KRS Ch. 365.
(10) Any local, state, or federal permit that is required for the transient business, such as, but not limited to, state firework permits, must be submitted with the transient business application.
(E) For penalties, see § 115.99(D).
(Ord. 2023-1846, passed 6-8-23)