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Home My WebLink About2021-08-8698ORDINANCE NO. 2021-08-8698 AN ORDINANCE AMENDING CHAPTER 126 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH RELATED TO MOBILE FOOD VEHICLES WHEREAS, any change to the text of the zoning code must be referred to the Paducah Planning Commission before adoption and considered in accordance with KRS 100.211; and WHEREAS, a public hearing was held on July 8, 2021 by the Planning Commission after advertisement pursuant to law; and WHEREAS, the Paducah Planning Commission duly considered said proposal and has heard and considered the objections and suggestions of all interested parties who appeared at said hearing; and WHEREAS, the Planning Commission adopted a proposal to change the text of Section 126-87 Mobile Food Vehicles of the City of Paducah zoning ordinance; and WHEREAS, the City desires to amend certain sections of the Paducah Code of Ordinances to reflect the changes. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky hereby amends Section 126-87 Mobile Food Vehicles of the Paducah Code of Ordinances as follows: Sec. 126-87. Mobile Food Vehicles and Food Tents (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 this chapter has been adopted to allow Mobile Food Vehicles and Food Tents to operate under specific guidelines. (b) Definitions. The following words, terms and phrases[, ..,,.en used in this tion,] shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Food Tent means a temporary structure with or without sidewalls or drops, constructed of fabric or pliable material supported by manner except by air or the contents that it protects, used for the purposes of serving food or beverage to theeg neral public. Mobile Food Administrator means the Director of Planning or designee. The Administrator shall be responsible for the administration, oversight and enforcement of the provisions under this section. Mobile Food Vehicle means 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. Mobile Food Vendor means a person that [prepare er- sei=�xe] prepares or serves food or beverages to the general public from a Mobile Food Vehicle. (c) Exemptions. This section shall not apply to ice-cream or coffee trucks that move from place -to -place and are stationary in the same location for no more than ten (10) minutes at a time. This section also does not apply to food vending push carts, food stands, Mobile Food Vehicles in operation under a special event permit, [and] Mobile Food Vehicles intended to be stationary, such as; but not limited to, in a mobile food vehicle court and Food Tents in the Highway Business District. (d) Zoning locations. Mobile Food Vehicles may operate in the following zones: B-1, B-2, B-2-17, B-3, HBD, M-1, M-2, M-3, A-1, POP and HM [zones] Zones. A Mobile Food Vehicle may operate on a parcel that contains non-residential uses in the MU, H-2, NSZ and NCCZ [sones] Zones and in Planned Unit Developments (PUDs). All other zones are expressly prohibited, except in public parks as described herein. (e) Location and hours. Mobile Food Vehicles are permitted [in-eity] on 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 one hundred (100) feet of the principal entrance of any restaurant where more than fifty (50) percent of sales are derived from food, without the exvress written consent of said restaurant(s). f 1. 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 designee; or the McCracken County Judge Executive or designee (depending on ownership) if the Mobile Food Vendor proposes to operate in a public park. 2. In no case shall a Mobile Food Vehicle obstruct traffic or pedestrian flow. A Mobile Food Vendor shall ensure that a minimum of four (4) feet of unobstructed sidewalk remains open for pedestrian traffic. Mobile Food Vehicles parked in the ROW shall not occupy more than two (2) 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. 3. 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] City 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 stormwater 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. 2. 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. (g) Garbage disposal. All Mobile Food Vendors must provide one (1) 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 two thousand, five hundred (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; the City 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 between Water Street and North 71b Street/ Clarence Gaines Street, 2 a Street or within one hundred (100) feet of a residence, unless a generator is utilized that produces a noise level of 72 decibels or less. (k) Application andpermitting. 1. Mobile Food Permit [Required] 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 [ ] a current [e4y] City business license and any other inspections and permits required by the Paducah Fire Prevention Division, in order to vend in the City limits. In addition to the information required [by] in 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 [oro se]. 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 fourteen (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. Such denial, when requested, shall be in writing and state the reasons for denial. The Mobile Food Permit shall be valid for one (1) 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, 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 [gertnitting] permitting. Permitted operations will be inspected periodically and without notice by representatives of various [city] City departments to ensure compliance with this chapter. 6. Operation without [Pfi4nit]ep rmit. 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 62 180 126-178. 7. Revocation of [Pernxit]ep rmit. The Mobile Food Administrator may revoke a Mobile Food Permit if it is discovered that: a. An applicant obtained the Mobile Food Permit by knowingly providing false information on the application; b. 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 c. The Mobile Food Vendor or Mobile Food Vehicle violates regulations of this article or any other [city] City ordinance. 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 ten (10) days of revocation. An informal hearing shall be conducted within thirty (30) days of the Mobile Food Administrator's receipt of said appeal by a panel comprised of the Chairman of the City Planning [andng] Commission, the City Manager and the Director of the Fire Prevention Division [of the may]. 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 ten (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 (1) year before reapplying for a new Mobile Food Permit. (1) Food Tents. Food Tents shall be principally permitted in the B-2 Zone and as promulgated through the higher -intensity zones. In addition to the following Food Tents shall follow subsections e — j of this chapter as applicable. 1. Festivals/ events Food Tents may be utilized only as part of a private festival or event such as, but not limited to: Food Truck Fridays or block parties. 2. Approvals. Food Tents shall receive necessary approvals from the Fire Prevention Division and the Purchase District Health Department. Food Tents shall be required to pass an on-site inspection by the Fire Prevention Division 3. Cooking. No cooking shall take place under a Food Tent unless the tent meets the requirements of the National Fire Protection Association standard #701 All cooking areas must be kept isolated from the public. 4. Separation. Food Tents shall be located further than twenty (20) feet from another tent or other structure. 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. 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 Chapter 424. ATTE T:. `Etn'dsay Parish, C tF lerk Introduced by the Board of Commissioners, July 27, 2021 Adopted by the Board of Commissioners, August 10, 2021 Recorded by the City Clerk, August 10, 2021 Published by The Paducah Sun, August 13, 2021 ord\126-87 Mobile Food Vehicles and Food Tents