For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“MOBILE FOOD UNIT.” Food establishment which is on wheels, either pulled or self-propelled, and which sells food and/or beverages and shall also include non-self-propelled units with or without wheels, or otherwise mobile, that are lightweight enough in design and intended to be moved by one person and that are used to prepare or sell consumable foods.
“MOBILE FOOD UNIT VENDOR.” A merchant who conducts business from a mobile food unit.
“MOBILE FOOD UNIT VENDOR PERMIT.” A permit which authorizes a person to conduct business from a mobile food unit. This license is in addition to the city's business license which is also required.
(Ord. 7-2024, passed 8-19-24)
(A) The licensing and permitting of a mobile food unit vendor shall be on a per unit basis, with each different mobile food unit vendor acquiring a separate business license and permit for each mobile food unit.
(B) Mobile food unit vendors shall be required to have a city business license, and no permit or license shall be transferable.
(C) All applications for city business licenses and mobile food unit permits shall be accompanied by the required certificate of general liability insurance and proof of Health Department approval and required fee established by the city.
(D) Vendors shall submit the business license application and fee to the City of Shively, Shively City Hall, 3920 Dixie Highway, Shively, Kentucky 40216. Licenses shall be valid for 12 months unless otherwise invalidated, revoked, or terminated prior to the end of the 12 month term. Mobile food unit vendors must reapply and pay the fee each year.
(E) The mobile food unit vendor applicant shall notify City Hall when their location changes and provide any additional information requested by the city for the new location.
(F) It shall be unlawful for any person to intentionally provide false information or to intentionally omit requested information on an application for any license pertaining to mobile food unit vendors.
(G) As a condition of issuance of any license, the mobile food unit vendor agrees to indemnify, hold harmless and the defend the city and its officials, officers, employees, representatives, and agents against liability and/or loss arising from activities connected with and/or undertaken pursuant to the license. The city is not liable for any business loss, property loss, or other damage that may result from use of the license or suspension or revocation of the license, or the discontinuances of the practice of permitting such activity, and no such vendor shall maintain any claim or action against the city and/or its officials, officers, employees, or agents on account of any suspension, revocation or discontinuance. In no way shall a mobile food unit vendor be considered an employee of the city.
(H) If a mobile food unit vendor will be operating on private property, then said vendor shall provide a written authorization from the property owner or the business owner. Said authorization shall be presented to the city at Shively City Hall at least ten days before use.
(I) Permits and licenses may be revoked immediately upon non-payment of any business and/or occupational license fee or returns required by city ordinances.
(Ord. 7-2024, passed 8-19-24) Penalty, see § 127.99
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