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(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)
(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)
(A) Upon filing a completed application and compliance with all aspects of this chapter, a mobile food vehicle/vendor permit will be issued.
(B)
Each applicant shall maintain an occupational license and timely file all occupational license fee returns and reports as required by this code and promptly pay all occupational license taxes when due. Additionally, all permittees shall comply with the city’s restaurant tax ordinance, timely filing all reports when due and paying all taxes when due.
(C)
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; Am. Ord. O-2023-03, passed 4-24-23)
(A) No person or business entity, including religious or charitable organization, shall operate a mobile food vehicle and/or a mobile food vendor upon the public right-of-way within the city without a permit issued by the city hereunder.
(B)
It shall be unlawful to leave any approved mobile food vehicle unattended on a public right-of-way, nor remain on a public or private property outside of these allowed hours of operation.
(C)
Mobile food vehicles and/or mobile food vendors shall not operate within five hundred (500) feet of any fair, stadium, carnival, circus, festival, special event, civic event, or other like event that is licensed or sanctioned by the city, unless they are authorized participants in such event or the City Manager has waived or suspended this provision.
(D)
The permit may contain additional limitations on hours and days that the City Manager determines are appropriate, including limitations to prevent conflict with special events.
(E) No mobile food vehicle and/or mobile food vendor shall use or maintain any outside sound amplifying equipment, lights (other than nonmoving or flashing sign lights), or noisemakers, such as bells, horns or whistles or similar devices to attract customers. A mobile food vehicle and/or vendors may use battery operated lights with appropriate protective shields for the purpose of illuminating merchandise.
(F)
With the exception of trash bin receptacles, no mobile food vehicle or vendor shall use external signage, seating, or any other equipment not contained within the vehicle on the public sidewalks unless the permit authorizes use of the sidewalk.
(G) No mobile food vehicle and/or mobile food vendor shall have any exclusive and/or perpetual right to any location upon the streets, alleys, or public grounds of the city.
(H) No mobile food vehicle and/or mobile food vendor granted a permit to operate within the city right-of-way shall be of a size as to interfere with the city or public’s use of any public ways.
(I) No mobile food vehicle and/or mobile food vendor shall vend in any congested area where the operation will impede pedestrian or vehicle traffic; including customer queues, accessory units, or signage.
(J) No mobile food vehicle and/or mobile food vendor shall make or solicit any sales to occupants of vehicles or engage in any activities which impede vehicular traffic.
(K) Permittee shall obey any lawful order of a police officer to move to a different permitted location to avoid congestion or obstruction of a public right-of-way or remove the mobile food vehicle or pushcart entirely from the public right-of-way or adjacent property if necessary to avoid such congestion or obstruction.
(L) The mobile food vehicle and/or mobile vendor must prominently display the name and address of the owner.
(M) Any power required for the mobile food vehicle and/or pushcart located on a public way shall be self-contained and shall not draw its power from the public right of way. No power cable or equipment shall be extended at grade or overhead across any public street, alley or sidewalk and less the permit specifically allows such.
(N) Permittee and/or licensee shall contain all refuse, trash, and litter within the mobile food vehicle or a small moveable trash can maintained by the permittee and/or licensee, and located adjacent to the mobile food vehicle and/or pushcart in such a manner as not to block or otherwise obstruct pedestrian or vehicular traffic. The owner/operator of the mobile food vehicle and/or public food vendor shall be responsible for properly disposing of such refuse, trash, and litter as would any business, and shall not place it in any public trash container, or in any private container without proper permission.
(O) The proposed mobile food vehicle and/or pushcart vending activity shall not violate the Americans with Disabilities Act.
(P) Mobile food vending shall only occur from the side of a food vehicle that is parked abutting and parallel to the curb.
(Q) The mobile food vehicle shall not have drive-through service.
(R) The decibels on any generator(s) used may not exceed “60dBA”. If so required, the operator must provide the manufacturer’s specs on decibels generated by his particular generator. The Pikeville Police Department will make the final determination if power generators used by mobile food vehicle constitute a noise violation.
(S) The use of the permitted operating location for mobile food vehicle and/or mobile food vendor must be compatible with the public interest in use of the public right-of-way. In making such determination, the width of the public way, parking issues, traffic congestion, the weight that can be supported by the paving or street surface at the proposed location, the proximity and location of existing street furniture, including, but not limited to, utility poles, parking meters, bus shelters, benches, street trees, news racks, as well as the presence of bus stops, truck loading zones, taxi stands or other businesses or approved mobile food vehicles to determine whether the requested location would result in pedestrian or street congestion may be considered.
(T) Any new business that opens or moves near an existing mobile food vehicle or pushcart zone shall be deemed to have accepted the proximity of the existing mobile food vehicle and/or pushcart in operation.
(Ord. 0-2015-019, passed 12-14-15; Am. Ord. O-2019-21, passed 8-12-19)
(A)
No permit or license is transferable.
(B) No person holding a permit and/or license for a mobile food vehicle shall sell, lend, lease or in any manner transfer a mobile food vehicle permit and/or license for value.
(C) A permit and/or license holder may transfer a permit and/or license as part of the sale of a majority of the stock in a corporation holding such permit and/or license, as part of the sale of a majority of the membership interests of a limited liability company holding such permit and/or license, or as part of the sale of a business or substantially all of its assets; provided that there shall be no allocated or actual value for the transfer of the permit and/or license.
(1)
Prior to any such transfer, the transferor shall notify the City Manager, or his or her designee, in writing and the transferee shall submit a mobile food vehicle permit application for approval.
(2) Any such transfer shall be subject to the terms and conditions of the original permit.
(D) Any unauthorized transfer or attempt to transfer a permit shall automatically void such permit. Whoever violates this provision, including both the transferor and transferee, shall be subject to a fine of three hundred dollars ($300.00). The unauthorized transfer or attempt to transfer of each permit shall constitute a separate violation.
(Ord. 0-2015-019, passed 12-14-15; Am. Ord. O-2019-21, passed 8-12-19)
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