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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 53 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. i 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 54 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. 55 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. 56 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 \ord\plan\zone\126-88-food trucks 57