Section
123.01 Purpose
123.02 Definitions
123.03 [Reserved]
123.04 Permit and license required for yearly operation
123.05 Application for permit
123.06 Application, license and permit fees
123.07 General rules and regulations
123.08 Prohibition against the transfer of a permit and/or license
123.09 Enforcement
123.10 Denial, revocation, suspension or permit and/or business license
123.11 Appeal to council upon denial, revocation or suspension
123.12 Service of notices
(A) The general purpose of these regulations is to promote the health, safety, comfort, convenience, prosperity, and general welfare of the citizens of Pikeville by requiring that new and existing mobile food vehicles and vendors provide patrons and customers with a level of cleanliness, quality and safety.
(B) It is also the intent of these regulations to establish reasonable guidelines and restrictions for mobile food vehicles and vendors and relationship to established restaurant businesses and encourage the safe and convenient use of the city’s right of ways and other properties, including parking lots, parks, office buildings, and the like.
(Ord. 0-2015-019, passed 12-14-15; Am. Ord. O-2019-21, passed 8-12-19)
The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.
FOOD SERVICE WORKER. A person who works for or under the direction of, on behalf of, or as an agent of a food vehicle permittee and/or owner.
FOOD ZONE. An area designated by the City Manager or his or her designee, that has been approved for the specific operation of mobile food vehicles and/or vendors. A zone could include space for one or multiple mobile food vehicles or vendors.
MOBILE FOOD VEHICLE. A unit mounted on or pulled by a self-propelled vehicle where food for individual portion service is prepared, or dispensed; is self-contained with its own drinking water tank and waste water tank including prepackaged food; is designed to be readily movable; and is moved daily to return to its commentary.
MOBILE FOOD VENDOR. Any other mobile food vendor not defined as a “mobile food vehicle” including a non-self propelled mobile food unit that are lightweight enough, design, and intended to be moved by one person. A MOBILE FOOD VENDOR can only be used to prepare and serve only:
(1) Non-potentially hazardous foods such as popcorn, lemonade, soft drinks, hot dogs or flavored ice; or
(2) Foods pre-wrapped at the commissary and maintained at the required temperatures.
(Ord. 0-2015-019, passed 12-14-15; Am. Ord. O-2019-21, passed 8-12-19)
(A) All mobile food vehicles and vendors must submit an application for a permit yearly to the City Manager or his or her designee.
(B) The grant of a permit may be subject to a monthly rotation of the designated food zones within the city.
(C) Although a permit allows for the operation of the food vehicle throughout the city limits, the permittee’s activity must occur in an area that is zoned for that type of an activity.
(D) City designated food zones will be available through assignment only.
(E) Applicant shall notify the City Manager or his or her designee within fifteen (15) days of any changes to application information.
(F) Each owner and food service worker shall be required to apply for a mobile food vehicle or mobile vendor permit that includes a current photo of the owner and/or food service worker.
(G) A permit shall not be approved or reapproved for a location where a mobile food vehicle and/or mobile food vendor would substantially obstruct a public right-of-way, impair the movement of pedestrians or vehicles, or pose a hazard to public safety. Further, a permit shall not be approved or reapproved for a location where there is not adequate parking to serve the perspective permittees customers.
(H) A permit shall not be approved any location which is adjacent to a bus stop, taxi stand, or handicap loading zone or directly in front of a property entryway.
(I) The grant of a permit hereunder shall not be deemed to authorize the conducting of a mobile food vehicles and/or mobile vendors without the payment of the fee for a business license as may be required under the current occupational license fee code. The permittee must subsequently obtain a business license from the Tax Department.
(J) No permit shall be granted in a zoning district that does not allow restaurants or food service facilities.
(K) Permits may be revoked immediately upon nonpayment of any occupational license fee or returns required by the occupational license fee code.
(L) The Commission does not believe that it is in the best interest of the city or its citizens to allow mobile food vehicles or mobile food vendors to operate on city streets, roads, highways or right-of-ways and permits shall not be issued for these areas unless specifically approved by the Commission of the City of Pikeville in connection with a public festival or event.
(Ord. 0-2015-019, passed 12-14-15; Am. Ord. O-2019-21, passed 8-12-19)
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