HomeMy WebLinkAbout2017-05-8486203379
ORDINANCE NO. 2017-5-8486
AN ORDINANCE CREATING CHAPTER126, ARTICLE III,
SECTION126-88, "MOBILE FOOD VEHICLES," TO THE
CODE OF ORDINANCES OF THE CITY OF PADUCAH,
KENTUCKY
WHEREAS, the City Commission has determined that the operation of Mobile Food
Vehicles in certain areas of Paducah would be beneficial to the development and economic
prosperity of Paducah, and would enhance and enrich the Paducah community by improving
access to a variety of food options not otherwise available in Paducah; and
WHEREAS, it is the consensus of the City Commission that the operation of Mobile
Food Vehicles should be subject to a permit process, and specific regulations that ensure that the
operation of Mobile Food Vehicles will not interfere with the public's use of the City's right-of-
ways or the operation of brick -and -mortar restaurants.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
SECTION 1. Chapter 126, Article III, Section 126-88 Mobile Food Vehicles of
the Code of Ordinances of the City of Paducah is hereby created to read as follows:
A. Purpose and intent.
In order to promote a new dynamic for the citizens of Paducah, create new jobs,
increase quality of life and diversify dining options; this section of the zoning
ordinance has been adopted to allow Mobile Food Vehicles to operate under
specific guidelines.
B. Definitions
The definitions contained in this sub -section shall govern the construction,
meaning and application of words and phrases used in this section.
1. "Mobile Food Vehicle" shall mean a vehicle -mounted, vehicle -
towed or vehicle -carried food service establishment that engages in
the sale and preparation of food or beverages in individual portions
to the general public.
2. "Mobile Food Vendor" shall mean a person or persons that prepare
or serve food or beverages to the general public from a Mobile
Food Vehicle.
3. "Mobile Food Administrator" shall mean the Director of Planning
or his/her designee. The Administrator shall be responsible for the
administration, oversight and enforcement of the provisions under
this section.
C. Exemptions
This section shall not apply to ice-cream trucks that move from place to place and
are stationary in the same location for no more than 10 minutes at a time. This
section also does not apply to food vending push carts or stands.
D. Zoning locations
Mobile Food Vehicles may operate in the following zones:
B-1, B-2, B -2-T, B-3, HBD, M-1, M-2, M-3, A-1, POP and HM zones. A Mobile
Food Vehicle may operate on a parcel that contains non-residential uses in the
MU, H-2, NSZ and NCCZ zones and in Planned Unit Developments (PUDs). All
other zones are expressly prohibited, except in public parks as described herein.
E. Location and hours
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Mobile Food Vehicles are permitted in City of Paducah Right -of -Way ("ROW").
Mobile Food Vehicles are expressly prohibited from locating on State of
Kentucky ROW. Mobile Food Vehicles may not locate within 100 feet of the
principal entrance of any restaurant where more than 50 percent of sales are
derived from food.
A Mobile Food Vehicle shall not operate for more than 14 consecutive days at
one location. After the 14 consecutive days have expired, a Mobile Food Vehicle
shall not operate at the same location until a period of 30 days has elapsed as
required by 902 KAR 45:005.
The Mobile Food Vendor must obtain written permission from the property owner
to locate on private property and said permission must be made available to the
Mobile Food Administrator. Mobile Food Vehicles may locate in public parking
lots with written approval from the Mobile Food Administrator. Vehicles in the
ROW may be asked to be moved in the event of street cleaning, snow removal,
parades, construction or other events as deemed necessary, in the sole opinion, of
the Mobile Food Administrator. Mobile Food Vehicles in private parking lots may
be asked to be moved in the event sufficient parking is not available. Written
permission must be granted from the Paducah Parks Services Director or his
designee; or the McCracken County Judge Executive or his designee (depending
on ownership) if the Mobile Food Vendor proposes to operate in a public park.
In no case shall a Mobile Food Vehicle obstruct traffic or pedestrian flow. A
Mobile Food Vendor shall ensure that a minimum of four feet of unobstructed
sidewalk remains open for pedestrian traffic. Mobile Food Vehicles parked in the
ROW shall not occupy more than two parking spaces. No stop sign, yield sign,
school crossing sign or any other traffic control sign or signal shall be obstructed.
No ingress/egress of any driveway or alley shall be obstructed. No fire hydrant or
fire lane shall be obstructed.
Mobile Food Vehicles may operate within the hours of 6:00 a.m. to 11:00 p.m.
Mobile Food Vehicles may operate until 2:00 a.m. if the Mobile Food Vehicle is
located on private property and the principal business located on the private-�
property is open. Mobile Food Vehicles may not be left overnight in public
parking lots or on City of Paducah ROW.
F. Self-contained units and appurtenances
All Mobile Food Vehicles shall have self-contained water and wastewater. No
gray water or grease shall be dumped upon any street, sidewalk or down a storm
water drain. Mobile Food Vehicles on private property may utilize electric power
from the property being occupied or an adjacent property, but only when written
consent is obtained to do so. No power cable, extension cord or other equipment
shall be extended across any street, alley or sidewalk. If a power cable, extension
cord or other electrical equipment is extended across a parking lot, said equipment
must be protected from vehicle movements in accordance with the National
Electrical Code requirements.
No tables, chairs, umbrellas or other appurtenances shall be allowed on public
property.
All Mobile Food Vehicles shall be in compliance with regulations established by
the Cabinet for Health and Family Services, Department for Public Health,
Division of Public Health Protection and Safety and/or the Purchase District
Health Department.
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The Mobile Food Vehicle must have a three compartment sink with drain boards;
a hand sink; hot and cold water; proper screening for insects; refrigeration
equipment that holds at 41 degrees or lower; hot holding equipment that holds at
135 degrees or higher and all work must be done by a Kentucky Master Plumber.
G. Garbage disposal
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All Mobile Food Vendors must provide one or more garbage receptacles for their
patrons. All Mobile Food Vendors must keep the area around their vehicles free
from litter, refuse and garbage.
H. Serving articles and alcoholic beverages
Patrons shall be provided with single -service articles, such as plastic utensils,
plastic or styrofoam cups and paper or styrofoam plates.
Mobile Food Vehicles shall not serve any alcoholic beverage unless permitted as
part of a special event.
I. Special Events
Mobile Food Vehicles are prohibited from vending 2,500 feet from special event
permitted areas; including, but not limited to; Barbecue on the River and Quilt
Week unless the Mobile Food Vehicle is permitted by the City of Paducah; the
City of Paducah Parks Services Department and/or the permit holder responsible
for the special event. The "Safety Guidelines for Special Events and Mobile Food
Vehicles" must be obtained from the Paducah Fire Prevention Division and
followed thereto.
J. Noise
No Mobile Food Vehicle may emit bells, music, horns or other audible sounds
used to attract customers. Strobe lights, flashing lights or other repetitious lighting
are prohibited.
The noise level from the food truck motor and generator must comply with the
City's Noise Ordinance. Generators shall not be permitted on Broadway, 2nd
Street or within 100 feet of a residence.
K. Application and Permitting
1. Mobile Food Permit Required. Any operator of a Mobile Food
Vehicle must apply for and receive on an annual basis a Mobile Food
Zoning Compliance Permit (the "Mobile Food Permit") from the Mobile
Food Administrator. The Mobile Food Permit is required for each Mobile
Food Vehicle. The Mobile Food Permit shall be prominently displayed on
the Mobile Food Vehicle along with other permits as required by this
Chapter.
2. Application. Every Mobile Food Vendor desiring to operate a
Mobile Food Vehicle shall submit an application for a Mobile Food
Permit to the Mobile Food Administrator. All Mobile Food Vendors shall
obtain necessary inspections and permits otherwise required by the City of
Paducah, the Purchase District Health Department, and any other local,
state or federal agencies or departments, including without limitation a
current City of Paducah business license and any other inspections and
permits required by Paducah Fire Prevention Division, in order to vend in
the City limits. In addition to the information required by the application,
the Mobile Food Administrator may request other information reasonably
required. The Mobile Food Permit application shall not be considered
complete until the Mobile Food Administrator has all information as
required by the application or otherwise.
3. Issuance of Mobile Food Permit. Once the application is
considered complete by the Mobile Food Administrator, the Mobile Food
Administrator shall issue or deny the Mobile Food Permit within 14
business days. If the Mobile Food Administrator is satisfied that the
application and Mobile Food Vehicle conform to the requirements of this
Chapter and other pertinent laws and ordinances, a Mobile Food Permit
shall be issued to the applicant. If the application and Mobile Food
Vehicle does not conform to the requirements of this Chapter or other
pertinent laws or ordinances, the Mobile Food Administrator shall not
issue the Mobile Food Permit, but shall inform the applicant of the denial.
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Such denial, when requested, shall be in writing and state the reasons for
denial. The Mobile Food Permit shall be valid for one calendar year from
the date of issuance, unless the Mobile Food Permit is revoked pursuant to
this Chapter.
4. Permit Renewal. Every Mobile Food Permit, unless suspended or
revoked for a violation of any provision of this Chapter or other
requirement or ordinance of the City of Paducah, can be renewed annually
prior to expiration. An application for renewal of a Mobile Food Permit
shall be made through the Mobile Food Administrator. Upon the Mobile ')
Food Permit's expiration, the holder of the Mobile Food Permit forfeits ,
the right to renew and the Mobile Food Vendor must reapply for a new
Mobile Food Permit.
5. Inspections after Permitting. Permitted operations will be
inspected periodically and without notice by representatives of various
City departments to ensure compliance with this Chapter.
6. Operation without Permit. Any Mobile Food Vehicle operating
without a valid Mobile Food Permit may be deemed a public safety hazard
and may be ticketed and impounded. The penalty for operating without a
Mobile Vehicle Permit shall be the same as Section 126-178 of the
Paducah Zoning Ordinance.
7. Revocation of Permit. The Mobile Food Administrator may
revoke a Mobile Food Permit if it is discovered that:
i. An applicant obtained the Mobile Food Permit by knowingly
providing false information on the application;
ii. The continuation of the Mobile Food Vendor's use of the
Mobile Food Permit is a threat to public health or safety, or if the Mobile
Food Vendor otherwise presents a threat to public health or safety; or
iii. The Mobile Food Vendor or Mobile Food Vehicle violates
regulations of this Chapter or any other City of Paducah ordinance.
8. Appeal of Revocation. If a Mobile Food Permit is revoked, the
Mobile Food Administrator shall state the specific reasons for the
revocation. Any Mobile Food Vendor whose Mobile Food Permit has
been revoked may appeal such denial by submitting a written request for a
hearing to the Mobile Food Administrator within 10 days of revocation.
An informal hearing shall be conducted within 30 days of the Mobile Food
Administrator's receipt of said appeal by a panel comprised of the
Chairman of the City Planning and Zoning Commission, the City Manager
and the Director of the Fire Prevention Division of the City of Paducah.
The panel shall consider whether the revocation was justified and whether
good cause exists to reinstate the Mobile Food Permit. The panel shall
issue its decision on the appeal in a written opinion within 10 business
days; the written opinion will be sent via first class mail to the Mobile
Food Vendor at the address listed on the Mobile Food Vehicle application.
The decision resulting therefrom shall be final. Following the revocation
of a Mobile Food Permit, a Vendor must wait one year before reapplying
for a new Mobile Food Permit.
SECTION 2. SEVERABILITY. If any section, paragraph or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the remaining
provisions of this Ordinance.
SECTION 3. COMPLIANCE WITH OPEN MEETINGS LAWS. The City
Commission hereby finds and determines that all formal actions relative to the adoption of this
Ordinance were taken in an open meeting of this City Commission, and that all deliberations of
this City Commission and of its committees, if any, which resulted in formal action, were in
meetings open to the public, in full compliance with applicable legal requirements.
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SECTION 4. CONFLICTS. All ordinances, resolutions, orders or parts thereof
in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby
repealed and the provisions of this Ordinance shall prevail and be given effect.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be read on two
separate days and will become effective upon summary publication pursuant to KRS 424.
/n - ,
MAY
ATTEST:
Tammara S. Sanderson, City Clerk
Introduced by the Board of Commissioners, April 25, 2017
Adopted by the Board of Commissioners, May 9, 2017
Recorded by Tammara S. Sanderson, City Clerk, May 9, 2017
Published by The Paducah Sun, May 12, 2017
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