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§ 123.03 [RESERVED].
§ 123.04 PERMIT AND LICENSE REQUIRED FOR YEARLY OPERATION.
   (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)
§ 123.05 APPLICATION FOR PERMIT.
   (A)   A single permit application shall be accepted and deemed complete on a first come, first served basis. Each application shall indicate on its face, in addition to other requirements as may be determined, that the following materials must be submitted:
      (1)   Each owner of a mobile food vehicle and/or mobile food vendor shall be required to provide a valid copy of all necessary licenses, permits or other written proof of compliance with the regulations of the Pike County Health Department for each mobile food vehicle and/or mobile food vendor.
      (2)   Each owner of a mobile food vehicle or mobile food vendor shall be required to provide a valid copy of an occupational license permit issued by the city.
      (3)   The applicant’s full name, signature, address and whether the applicant is an individual, firm, or corporation, and, if a partnership, the names of the partners, together with their addresses.
         (a)   The address of its commissary.
         (b)   A photograph of the permittee and/or food service worker applicant, e.g. driver’s license, passport or similar.
   (B)   The applicant must specify their desire to operate in a designated food zone within the public right-of-way of the city or if the operation is on private property.
   (C)    A photograph or accurate description of the mobile food vehicle and or pushcart, including the following data: the make, model and type of body. (If this information is not known at the time of permit application, this requirement can be satisfied as a condition of obtaining a final effective permit.) The mobile food vehicle must be duly licensed as required by the Commonwealth of Kentucky and have proof of the required motor vehicle insurance and registration.
   (D)   A statement as to whether the application is for a new permit, renewal of an existing permit, a change in hours of operation, or the addition of a food zone location(s).
   (E)   A statement that the applicant or any of its food service workers has not been convicted of any crime that involves any local, state or federal law or regulation arising out of the operation of a similar business.
   (F)   A statement that the applicant or any of its food service workers has not been convicted of a crime as a result of having perpetrated a deceptive practices upon the public within the last ten (10) years.
   (G)   A signed statement that the applicant shall hold harmless the city and its officers and employees, and shall indemnify the city, its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit if the permit is for operation on public property or right-of-way. Permittee shall furnish and maintain such public liability, food products liability, and property damage insurance as will protect vendor, property owners, and the city from all claims for damage to property or bodily injury, including death, which may arise from the operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than three hundred thousand dollars ($300,000.00) per occurrence. The policy shall further provide that it may not be cancelled except upon thirty (30) days written notice served upon the city. A permit issued pursuant to the provisions of this section shall be invalid at any time the insurance required herein is not maintained and evidence of continuing coverage is not filed with the city.
   (H)   Such other additional information required by law, rule, ordinance, or that any department of the city, Mobile Food Vendors Committee, City Council, or information reasonably deemed appropriate to assist the city in determining whether the permit should be granted. The applicant shall be provided reasonable time to supplement the application.
   (I)    The provisions of this section may be waived or suspended for a festival or special event by the City Manager.
(Ord. 0-2015-019, passed 12-14-15; Am. Ord. O-2019-21, passed 8-12-19)
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