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HomeMy WebLinkAboutOrdinance No. 3048-2019tlteeity1, KENAl,AWKA "\/" Sponsored by : City Clerk CITY OF KENAI ORDINANCE NO. 3048-2019 SUBSTITUTE AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 5.25, MOBILE FOOD VENDORS, TO REVISE APPLICATION REQUIREMENTS , LICENSE TERMS, AND BUSINESS CONDUCT REQUIREMENTS AND MAKE OTHER HOUSEKEEPING AMENDMENTS. WHEREAS, the City of Kenai began issuing Mobile Food Vendor Licenses in 1978; and, WHEREAS, since the regulations were adopted, the State of Alaska has amended its regulations governing Mobile Food Vendors, compelling changes to Kenai Municipal Code; and, WHEREAS, it is also prudent to amend certain application requirements to require less private information for security purposes; and, WHEREAS, simplifying the license term will make it easier for owners of the mobile food vendors to ensure they are properly licensed; and, WHEREAS, amending the appeal process to an Administrative process and not require the Board of Adjustment further simplifies this licensing program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA , as follows : Section 1. Amendment of Section 5.25.010 of the Kenai Municipal Code: That Kenai Municipal Code , Section 5.25.01 O -Definitions, is hereby amended as follows: 5.25.01 O Definitions. (a) "Mobile food vending unit" means any type of vehicle ... [OR] wagon. or trailer. which is designed to be readily movable and from which any food or beverage is prepared for immediate consumption and sold or offered for sale to the public at any location, whether on private or public property, within the boundaries of the City. (b) "Operate" means to engage in the business or to conduct the designated business as owner of the business; or as an owner to employ, induce, or otherwise procure another person to operate or conduct the business. (c) "Owner" means all persons having a proprietary interest in the business requiring a license[; OR IN THE CASE OF A CORPORATION, "OWNER" MEANS ALL PERSONS HOLDING MORE THAN THIRTY PERCENT (30%) OF THE VOTING STOCK OF THE CORPORATION]. Section 2. Amendment of Section 5.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25 .020 -Application for license, is hereby amended as follows : New Text Underlined ; [DELETED TEXT BRACKETED) Ordinance No. 3048-2019 SUBSTITUTE Page 2 of 5 5.25.020 Application for l icense. (a) Applications for a mobile food vending unit license shall be made in writing to the City Clerk on forms prescribed and furnished by the Clerk . (b) Applications shall contain the following information: (1) The full name of the applicant; [(2) THE APPLICANT'S SOCIAL SECURITY NUMBER;] [(3)](2) The mailing, resident ial , and business addresses of the applicant; [(4)](3) The date of the application ; [(5)](4) The nature and a description of the food vending unit business or activity to be conducted ; [(6)] (5) The type of vehicle , license number, and registration number of the vehicle used as said unit; [(7)] (6) The Kenai Peninsula Borough sales tax registration number of the applicant. (c) With the application, the applicant shall also furnish : ( 1) [THE ORIGINAL INSPECTION REPORT TO BE COPIED BY THE CLERK, ISSUED TO THE APPLICANT/OWNER BY THE DEPARTMENT OF HEAL TH AND SOCIAL SERVICES , DIVISION OF PUBLIC HEALTH AND SANITATION , STATE OF ALASKA;] Copy of current valid permit issued by the Alaska Department of Env ironmental Conservation . Division of Environmental Health; (2) The [FEE FOR THE CITY LICENSE AS PRESCRIBED HEREIN] Mobile Food Vending fee as provided in the fee schedule; (3) The legible signature of the applicant/owner or person authorized to sign on behalf of the applicant/owner; (4) An affirmation or oath , as may be required by the Clerk, that the information and statements made in connection with the application are true , correct , and complete ; (5) Certification by the Kenai Peninsula Borough Finance Department in a tax compliance certificate (provided in application materials) that the owner(s) is current in the payment of any tax to the City of Kena i and the Kenai Peninsula Borough; [(5)](6) A certificate of insurance indica t ing that the applicant's operation of a mobile food vending unit is covered by liability insurance as follows: Personal Injury (each $100 ,000 occu rrence) Aggregate Products (each $300 ,000 occurrence) Property Damage (each $50,000 occurrence) (d) Said insurance policy or policies shall provide for not less than thirty (30) days' written notice to the City Clerk of cancellation or expiration or substantial change in policy conditions and coverage. Sect ion 3. Amendment of Section 5.25.050 of the Kenai Municipal Code : That Kenai Municipal Code, Section 5.25 .050 -License fee and term , is hereby amended as follows : 5.25.050 Licen se fee and t erm. For issuance of a license, an applicant shall pay an annual fee as set forth in the City 's schedule of fees adopted by the City Counc il. All licenses shall be valid for the term of January 1fil until December 31 fil of each year. [THE LICENSE SHALL EXPIRE ONE (1) YEAR FROM ITS New Text Underlin ed ; [DELET ED TEXT BRACKETED] Ordinance No . 3048-2019 SUBSTITUTE Page 2 of 5 ISSUANCE. THE CLERK MAY ISSUE A LICENSE WHICH SHALL EXPIRE WITHIN A SHORTER DURATION OF TIME AND THE FEE THEREFOR SHALL BE PROPORTIONATELY REDUCED.] All non-profit organizations shall be exempt from paying the license fee . Said organizations making application should present sufficient proof to the Clerk of its non-profit status . Section 4. Amendment of Section 5.25.070 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.070 -Appeal, is hereby amended as follows : 5.25.070 Protest Appeal Pr ocedures. [(A) ANY APPLICANT OR LICENSEE DESIRING TO APPEAL FROM THE DECISION OF THE CLERK IN RESTRICTING OR REVOKING ANY LICENSE PROVIDED FOR BY THIS CHAPTER SHALL WITHIN TEN (10) DAYS FROM THE RECEIPT OF A WRITTEN DECISION , AS PROVIDED BY KMC 5.25.060 , FURNISH THE CITY MANAGER A WRITTEN NOTICE OF APPEAL, STATING THE ORDER OR DECISION FROM WHICH THE APPEAL IS TAKEN . THE CITY MANAGER, UPON RECEIPT OF SUCH NOTICE OF APPEAL , SHALL SET THE DATE OF A PUBLIC HEARING BEFORE THE CITY COUNCIL. THE CITY MANAGER SHALL, UPON SETTING THE DATE OF THE PUBLIC HEARING BEFORE THE CITY COUNCIL, NOTIFY THE APPELLANT AND THE CLERK OF THE T IME AND PLACE OF SUCH HEARING . (B) THE NOTICE OF THE TIME AND PLACE OF HEARING SHALL BE GIVEN WITHIN TEN (10) DAYS FROM THE DATE OF THE HEARING AND NOT LESS THAN THREE (3) DAYS PRIOR TO THE HEARING . (C) AFTER PUBLIC HEARING HEREINBEFORE REQUIRED, THE CITY COUNCIL SHALL HAVE THE POWER TO MODIFY, REVOKE, RESCIND, OR AFFIRM THE DECISION OF THE CLERK FROM WHICH THE APPEAL IS TAKEN, OR MAY ENTER ITS OWN DECISION AS MAY BE JUSTIFIED UNDER THE CIRCUMSTANCES .] (a) Any applicant or mobile food vendor license holder who believes that they are adversely affected by the City Clerk's action on an app lication or a mobile food vendor license may file a protest appeal with the City Manager. All protest appeals must be received by the City Manager's office within five (5) business days of the date of the applicant's receipt of notice of the City Clerk 's action being protested . The appeal may be hand delivered. delivered by mail. by email , or by facsimile and must comply with all requirements of this section . If the fifth day is a City-recognized holiday, the deadline for appeal shall be the next business day. It is up to the protester to choose a method of delivery to assure timely receipt by the City Manager's Office. (b) The protest appeal must be in writing and shall include the following information: (1) The name. address . e-mail. and telephone (and facsimile if available) numbers of the protester; (2) The signature of the protester or the protester's representative : (3) A statement of the legal and factual grounds of the protest. including copies of relevant documents; and (5) The form of relief requested. (c) Rejection of Appeal. The City Manager shall reject untimely or incomplete appeals. Such rejection shall be final and may be appealed to the Superior Court pursuant to the A laska Rules of Appellate Procedure . New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No . 3048-2019 SUBSTITUTE Page 2 of 5 (d) License Denial. If a timely and complete protest appeal is filed based on the denial of an application for a license. the license shall not be issued until the City Manager has issued a written decision to grant the license. (e) License Restriction or Revocation. If a timely and complete protest appeal is filed . the restriction or revocation shall be stayed until the City Manager has issued a written decision. unless the City Manager determines in writing that health or safety issues necessitate an immediate revocation. (f) The Record: Citv Manager Decision . The City Clerk shall provide a copy of the applicant or license holder's file or electronic file to the City Manager. The record consists of the applicant or license holder's file or electronic file and the appellant's protest appeal. Based on the record. the City Manager shall issue a written decision to the appellant within ten ( 10) business days of the date that the appeal was received. with copy to the City Clerk. For good cause shown. the City Manager may extend the date for the written decision for such additional period as may be necessarv. not to exceed thirty additional days. Copies of the appeal and decision shall be provided to any interested party request ing one. (g) Appeal to Superior Court. Appeals may be taken to the Kenai Superior Court from the written decision of the City Manager within thirty (30) days of the date of the decision pursuant to the Alaska Rules of Appellate Procedure. Section 5. Amendment of Section 5 .25 .080 of the Kenai Municipal Code: That Kenai Municipal Code , Section 5.25.080 -Conduct of business, is hereby amended as follows: 5.25 .080 Conduct of business. (a) A mobile food vendor may not operate from a location on a public street, alley, or right- of-way for a period of time in excess of one (1) hour, unless the operator acquires written permission from the [CHIEF OF POLICE] City Clerk to operate for a longer period of designated time to provide service to the public [ATTENDING A SPORTING OR RECREATIONAL EVENT]. (b) Notwithstanding the provisions of subsection (a) above, mobile food vendor may not operate on a public street, alley, or right-of-way where such operation would interfere with the normal flow of traffic, cause of safety hazard to pedestrians, or whe re the stopping or standing of the food vendor's vehicle would violate State or local traffic regulations , or any other regulations required by Title 13 of the Alaska Administrative Code, entitled "Public Safety." (c) The mobile food service may not be operated in front of or immediately adjacent to any established business offering the same or similar commodities upon a fixed location . (d) No person may operate as a mobile food vendor within the boundaries of a City park unless such operation [IS PERMITTED UNDER ORDINANCE OR OTHER LAWFUL AUTHORITY] has been approved by the City Clerk in writing. (e) No person may operate as a mob ile food vendor in a way that interferes with other businesses. through excessive noise. odor. or other nuisances. (f) The mobile food vendor must provide for the collection and removal of all waste from the site at the end of each day of operation. (g) The mobile food vendor must operate in compliance with the regulations found in the City 's Sign Code . New Text Underlin ed ; [DELETED TEXT BRACK ETED] Ordinance No. 3048-2019 SUBSTITUTE Page 2 of 5 (h) The mobile food vendor must post in a conspicuous place. able to be observed by the general public. both the permit issued from the Alaska Department of Environmental Conservation and the mobile food vendor license issued by the City of Kenai. Section 6. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered , and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances . The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 7. Effective Date: That pursuant to KMC 1.15.0?0(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 61h day of March, 2019. ATTEST: B 0 RIAN GABRIEL SR, MAYOR Introduced : January 16, 2019 Enacted: March 6, 2019 Effective: April 5, 2019 New Text Underlined; [DELETED TEXT BRACKETED] 'Vtfl'ar «1/t/t, a Pa~~ Ct'tf «1/t/t, a Fat~" 210 Fidalgo Ave , Kenai , Alaska 99611 -7794 Tele p h o n e : (90 7 ) 283-7535 I Fax : (907 ) 2 83-301 4 w w w .kenai .city MEMORANDU M TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Jamie He inz, City Clerk February 22, 2019 Ordinance No. 3048-2018 SUBSTITUTE -Mobile Food Vendor Amendments The purpose of this memo is to point out the additional amendments that have been made to this substitute ordinance. Since the February 6111 meeting where it was suggested to not completely repeal the appeal process but to include a simplified process, which didn't initiate a Board of Adjustment process. Council Member Molloy, the City Attorney, and I collaborated and developed what is included in Section 4 of this substitute ordinance . The manager has reviewed the process and we believe this accomplishes a simplified appeal process for licensees. Additionally, after discussions with the City Manager and Finance Director, I am proposing an additional change to the license term which has also been included in this substitute. The change is to switch from a yearly term based on application date, to a calendar year term. This further simplifies the process by giving the mobile food vendor a license which is good for an entire year, provides an expiration date that coincides with the licensee's permit issued by the state, is eas ily trackable fo r both the Clerk's Office and the licensee, and, with this defined expiration date , the Clerk's Office will be able to provide reminders to the licensees regarding license expiration and renewal. As I have mentioned previously, along with this change it has been my intention to propose an amendment to the fee schedule. My proposal is a reduction in the fee from $120 per year to $50 per year. This recognizes that Mobile Food Vendors are typically unable to operate in the winter months and makes the fee comparable to the City of Soldotna . The vendors typically purchase four to five months, either one or two months at a time or all at once. This would also provide the opportunity for the vendors to participate in a shoulder or off-season event which they may have declined in the past due to not being licensed. The resolution to amend the fee schedule will be coming forth at the March 20111 meeting as the ordinance needs to be adopted prior to the resolution and this ordinance appearing on the agenda as unfinished business, after public hearings where the resolution would appear made it difficult. The attachment that will be provided with the resolution is attached to this memo. Your consideration is appreciated . City of Kenai Schedule of Rates, Charges and Fees CITY CLERK CEMETERY FEES (All Cemetery Fees are Exempt from Sales Tax) APX -1 Title 24 · Cemetery Regulations Section 1: b . Standard Plot Section 1: b . Veteran Plot Section 1: b . Infant Plot Section 1: b . Section 1: c . Section 2:c. Cremains Columbarium Niche (up to two standard urns) Columbarium Niche -opening and/ closing fee for reasons other than inurnment Marker/Headstone Deposit (applies to Cemetery Plots and Columbarium Niches) Cemetery Gazebo Marker Fees (includes first 30 letters, shipping @ $50 .00, one proof @$30 .00, extra letters@ $3.00 each.) MEMORIAL PARK FEES (All Memorial Park Fees are Exempt from Sales Tax) Tree (includes transportation/planting, soil , edging , weed block , and a one-year guarantee on planting.) Shrub (includes transportation/planting , soil, edging , weed block, and a one-year guarantee on planting .) Marker Memorial Park Rock (Actual cost for ground preparation , transportation, placement, etc. and plaque borne by requestor.) Logo or emblem MOBI LE FOOD VENDOR LICENSE 5.25 .050 Annual Mobile Food Vendor License (License may be puFGhasea On 3 30 say basis.) OIL & GAS WELL 5.35.050 Oil & Gas Well Application Fee Oil & Gas Well Processing Fee Page 1of2 $1,000 .00 $750 .00 $150 .00 $300 .00 $1,000.00 $100 .00 $400.00 Actual Cost $265 .00 $165 .00 Actual Cost Actual Cost Additional Fee $120 .00 $50.00 $500 .00 $100 .00 City of Kenai Schedule of Rates, Charges and Fees CITY CLERK -continued PUBLIC RECORDS REQUESTS KMC 10.40.050 APX -Public Record Inspection Regulations 1.01 1.01 1.01 1.02 1.03 First 1 O copies are free, more than 1 O copies per copy Audio CD or cassette, first Audio CD or cassette, additional Certified Copy Fee Production fee will be calculated for work over 5 hours RECOUNT OF VOTES -APPLICATION 6 .05.220 Recount of Votes Application Fee (Amendments must be pre-cleared with Department of Justice through the City Clerk.) TRANSIENT MERCHANT AND PEDDLER LICENSE 5.30.040 Annual Transient Merchant and Peddler License VEHICLE FOR HIRE 20 .05.050 (a) 20.05.050 (a) Annual Vehicle for Hire Permit -Permit and First Vehicle Annual Vehicle for Hire Permit -Additional Vehicle (Additional Vehicle may be added at any time during the year.) Page 2 of 2 $0.25 $25.00 $5 .00 $10.00 Actual $100.00 $25 .00 $250.00 $100.00 thedfJef, KENAI, ALASKA "\:/ CITY OF KENAI ORDINANCE NO. 3048-2019 Sponsored by: City Clerk AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 5.25, MOBILE FOOD VENDORS , TO REVISE APPLICATION REQUIREMENTS, LICENSE TERMS, AND BUSINESS CONDUCT REQUIREMENTS AND MAKE OTHER HOUSEKEEPING AMENDMENTS. WHEREAS, the City of Kenai began issuing Mobile Food Vendor Licenses in 1978; and, WHEREAS, since the regulations were adopted, the State of Alaska has amended its regulations governing Mobile Food Vendors, compelling changes to Kenai Municipal Code; and, WHEREAS, it is also prudent to amend certain application requirements to require less private information for security purposes; and, WHEREAS, simplifying the license term will make it easier for owners of the mobile food vending units to ensure they are properly licensed; and WHEREAS, appeals to the Board of Adjustment are not provided for with other licenses the City Clerk issues , nor has an appeal ever been brought for a Mobile Food Vendor License and, because the reasons for granting a license and revocation are objective such as tax compliance or valid insurance policies, an appeal process is not necessary. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, as follows: Section 1. Amendment of Section 5.25.010 of the Kenai Municipal Code: That Kenai Municipal Code , Section 5.25.010 -Definitions, is hereby amended as follows: 5.25.010 Definitions. (a) "Mobile food vending unit" means any type of vehicle ... [OR] wagon, or trailer, which is designed to be readily movable and from which any food or beverage is prepared for immediate consumption and sold or offered for sale to the public at any location , whether on private or public property, within the boundaries of the City. (b) "Operate" means to engage in the business or to conduct the designated business as owner of the business; or as an owner to employ, induce , or otherwise procure another person to operate or conduct the business . (c) "Owner" means all persons having a proprietary interest in the business requiring a license[; OR IN THE CASE OF A CORPORATION , "OWNER" MEANS ALL PERSONS HOLDING MORE THAN THIRTY PERCENT (30%) OF THE VOTING STOCK OF THE CORPORATION]. New Text Underlined; [DELETED TEXT BRA CKETED] Ordinance No . 3048-2019 Page 2 of 4 Section 2. Amendment of Section 5.25.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.020 -Application for license , is hereby amended as follows : 5.25 .020 Application for license. (a) Applications for a mobile food vending unit license shall be made in writing to the C ity Clerk on forms prescribed and furnished by the Clerk. (b) Applications shall contain the following information : ( 1) The full name of the applicant; [(2) THE APPLICANT'S SOCIAL SECURITY NUMBER ;] [(3)](2) The mailing , residential, and business addresses of the applicant; [(4)](3) The date of the application; [(5)](4) The nature and a description of the food vending un it business or activity to be conducted; [(6)] (5) The type of vehicle , license number, and registration number of the vehicle used as said unit; [(7)] (6) The Kenai Peninsula Borough sales tax registration number of the applicant. (c) With the application, the applicant shall also furnish : (1) [THE ORIGINAL INSPECTION REPORT TO BE COPIED BY THE CLERK, ISSUED TO THE APPLICANT/OWNER BY THE DEPARTMENT OF HEAL TH AND SOCIAL SERVICES, DIVISION OF PUBLIC HEAL TH AND SANITATION, STATE OF ALASKA;] Copy of current valid permit issued by the Alaska Department of Environmental Conservat ion. Division of Environmental Health; (2) The [FEE FOR THE CITY LICENSE AS PRESCRIBED HEREIN] Mobile Food Vending fee as provided in the fee schedule; (3) The legible signature of the applicant/owner or person authorized to sign on behalf of the applicant/owner; (4) An affirmation or oath , as may be required by the Clerk, that the information and statements made in connection with the application are true, correct, and complete; (5) Cert ification by the Kenai Peninsula Borough Finance Department in a tax compliance certificate (provided in application materials) that the owner{s) is current in the payment of any tax to the City of Kenai and the Kenai Peninsula Borough; [(5)](6) A certificate of insurance indicating that the applicant's operation of a mobile food vending unit is covered by liability insurance as follows: Personal Injury (each $100,000 occurrence) Aggregate Products (each $300 ,000 occurrence) Property Damage (each $50 ,000 occurrence) ( d) Said insurance policy or policies shall provide for not less than thirty (30) days ' written notice to the City Clerk of cancellation or expiration or substant ial change in policy conditions and coverage. Se ction 3. Amendment of Section 5.25.050 of the Kenai Mun icipal Code: That Kenai Municipal Code, Section 5.25 .050 -License fee and term , is hereby amended as follows: New Text Underl ined; [DELETED TEXT BRAC KETED] Ordinance No . 3048-2019 Page 2 of 4 5.25.050 License fee and term. For issuance of a license, an applicant shall pay an annual fee as set forth in the City's schedule of fees adopted by the City Council. The license shall expire one ( 1) year from its issuance. [THE CLERK MAY ISSUE A LICENSE WHICH SHALL EXPIRE WITHIN A SHORTER DURATION OF TIME AND THE FEE THEREFOR SHALL BE PROPORTIONATELY REDUCED .] All non-profit organizations shall be exempt from paying the license fee. Said organizations making application should present proof sufficient to the Clerk of its non-profit status. Section 4. Amendment of Section 5.25.070 of the Kenai Municipal Code: That Kenai Municipal Code, Section 5.25.070 -Appeal, is hereby repealed in its entirety: 5.25.070 [APPEAL.] Repealed [(A) ANY APPLICANT OR LICENSEE DESIRING TO APPEAL FROM THE DECISION OF THE CLERK IN RESTRICTING OR REVOKING ANY LICENSE PROVIDED FOR BY THIS CHAPTER SHALL WITHIN TEN (10) DAYS FROM THE RECEIPT OF A WRITTEN DECISION, AS PROVIDED BY KMC 5.25.060 , FURNISH THE CITY MANAGER A WRITTEN NOTICE OF APPEAL, STATING THE ORDER OR DECISION FROM WHICH THE APPEAL IS TAKEN. THE CITY MANAGER, UPON RECEIPT OF SUCH NOTICE OF APPEAL, SHALL SET THE DATE OF A PUBLIC HEARING BEFORE THE CITY COUNCIL. THE CITY MANAGER SHALL, UPON SETTING THE DATE OF THE PUBLIC HEARING BEFORE THE CITY COUNCIL, NOTIFY THE APPELLANT AND THE CLERK OF THE TIME AND PLACE OF SUCH HEARING . (B) THE NOTICE OF THE TIME AND PLACE OF HEARING SHALL BE GIVEN WITHIN TEN (10) DAYS FROM THE DATE OF THE HEARING AND NOT LESS THAN THREE (3) DAYS PRIOR TO THE HEARING. (C) AFTER PUBLIC HEARING HEREINBEFORE REQUIRED, THE CITY COUNCIL SHALL HAVE THE POWER TO MODIFY, REVOKE , RESCIND, OR AFFIRM THE DECISION OF THE CLERK FROM WHICH THE APPEAL IS TAKEN, OR MAY ENTER ITS OWN DECISION AS MAY BE JUSTIFIED UNDER THE CIRCUMSTANCES.] Section 5. Amendment of Section 5.25.080 of the Kenai Municipal Code : That Kena i Municipal Code, Section 5.25.080 -Conduct of business, is hereby amended as follows: 5.25.080 Conduct of business. (a) A mobile food vendor may not operate from a location on a public street, alley, or right- of-way for a period of time in excess of one (1) hour, unless the operator acquires written permission from the [CHIEF OF POLICE] City Clerk to operate for a longer period of designated time to provide service to the public [ATTENDING A SPORTING OR RECREATIONAL EVENn. (b) Notwithstanding the provisions of subsection (a) above , mobile food vendor may not operate on a public street, alley, or right-of-way where such operation would interfere with the normal flow of traffic, cause of safety hazard to pedestrians, or where the stopping or standing of the food vendor's vehicle would violate State or local traffic regulations , or any other regulations required by Title 13 of the Alaska Administrative Code, entitled "Public Safety." (c) The mobile food service may not be operated in front of or immediately adjacent to any established business offering the same or similar commodities upon a fixed location . New Text Underlined ; [DELETED TEXT BRACKETED) Ordinance No . 3048-2019 Page 2 of 4 (d) No person may operate as a mobile food vendor within the boundaries of a City park unless such operation [IS PERMITTED UNDER ORDINANCE OR OTHER LAWFUL AUTHORITY] has been approved by the City Clerk in writing . (e) No person may operate as a mobile food vendor in a way that interferes with other businesses . through excessive noise. odor, or other nuisances . (f) The mobile food vendor must provide for the collection and removal of all waste from the site at the end of each day of operation . (g) The mobile food vendor must operate in compliance with the regulations found in the City's Sign Code . (h) The mobile food vendor must post in a conspicuous place, able to be observed by the general public, both the permit issued from the Alaska Department of Environmental Conservation and the mobile food vendor license issued by the City of Kenai. Section 6. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision , or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances . The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision , or application. Section 7. Effective Date : That pursuant to KMC 1.15 .0?0(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5 th day of February, 2019. ATTEST: Jamie Heinz, CMC, City Clerk BRIAN GABRIEL SR., MAYOR Introduced: January 16, 2019 Enacted: February 6, 2019 Effective: March 8, 2019 New Text Underlined; [DELETED TEXT BRACKETED] . 'lftfl~ t11/t/i a Pa~~ Ct'tj t11/t~ a Fu.t«!"e" 210 F idalgo Ave , Kenai , Alas ka 99611 -7794 Telep hone: (907) 283-7535 I Fax : (907) 2 83 -301 4 www .kenai .c ity ME MORAN DUM TO: FROM: DATE: SUBJECT: Mayor Brian Gabriel and Kenai City Council Jamie Heinz, City Clerk January 8, 2019 Ordi nance No. 3048-2018-Mobile Food Vendor Amendments The code enacting mobile food vending licens ing was developed in 1978 and has remained relatively unchanged since enactment. Given changes over the years in state licensing and identity security it is prudent to update the regulations forthe City's mobile food vending licensing. This ord inance proposes some amendments to the application requirements consistent with the state licensing and requires less private information for security purposes. In addition , this ordinance simplifies the license term to provide for an annual license term and removes the option for a shorter duration which c reates duplicate work when the vendor wants to extend operation and expiration dates that need to be tracked. We find these to be an inconvenience to the vendors. At the next meeting it is my intention to bring forth a resolution , to coincide with enactment of this ordinance, to amend the fee schedule for Mobile Food Vending Licensure from $120 per year to $50 per year which is consistent with the fee in Soldotna. Finally, after consultation with the Attorney, we have removed the appeal process because licensure is objective. A license would be revoked for reasons such as lapse in insurance coverage o r expired permit from the State of Alaska, Department of Environmental Conservation and these are not reasons subject to opinion that it would be appropriate to appeal. Your consideration is appreciated. 5.25.030 Prohibited acts I Kenai Municipal Code 5.25.030 Prohibited acts. It is unlawful: (a) For any person to engage in a business of operating a mobile food vending unit as defined by KMC 5.25.01 O(b) without first obta i ning a mobile food vending unit license from the City Clerk. Page 1 of 1 (b) For any persons to obtain or attempt to obtain a license by making a false statement In the application or by other fraudulent or deceptive means. (c) For any person licensed under this chapter to knowingly or wilfully authorize, order, instruct, or permit an employee, agent, or person under his or her supervision or control to do an act in connection with the licensed activity which violates any provision of this chapter or a license is sued under this chapter. (Ord. 420) The Kenai Municipal Code is current through Ordinance 3044-2018, passed December 5, 2018. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code . Users shou ld contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.ci.kenai.ak.us City Telephone: (907) 283-8231 Code Publishing Company Th e Kenai Municipal Code is current through Ordinance 3044-2018, pas sed December 5, 2018 . 5.25.060 Revocation or restriction of license I Kenai Municipal Code Page 1 of 1 5.25.060 Revocation or restriction of license. The Clerk may revoke or restrict any license upon written notice thereof to the li cense holder . Any revocation or restriction shall be made in writing, stating briefly the reason for such decision. Su ch decision shall be mailed by certified mail to the licensee at the address as provided in the application o r may be delivered to the li censee at his or her place of business. (Ord. 420) The Kenai Municipal Code is current through Ordinance 3044-2018, passed December 5, 2018. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.ci.kenai.ak.us City Telephone: (907) 283-8231 Code Publishin~ Company The Kenai Municipal Code is current through Ordinance 3044-2018, passed De cember 5, 2018. 7.15.120 Appeal procedures I Kenai Municipal Code Page 1 of2 7.15.120 Appeal procedures. (a) Any party submitting a bid or proposal for a contract with th e City and who believes that they are adversely affected by the City's relevant ordinances, regulations, procurement process, or by any acts of the City in connection with t he award of a City contract, may file a protest appea l with the City Clerk. All protest appeals must be to the City within five (5) calendar days of the issuance of the City's notice of its intent to award the contract. The appeal must be hand delivered, delivered by mail, or by facsimile and must comply with all requirements of this section. If the fifth day is a City-recognized holiday or a weekend, the deadline for appeal sha ll be the ne xt work day. It is up to the protester to choose a method of delivery to assure timely receipt by the City. (b) Rejection of Appeal. The Clerk shall reject an untimely or incomplete appeals. Such rejection sha ll be final and may be appealed to the Superior Court pursuant to the Court Rules of Appellate Procedure. (c) The protest appeal must be in writing and shall include the following information: (1) The name, address, e-mail, and telephone (and facsimile if available) numbers of the protester; (2) The signature of the protester or the protester's representative; (3) Identification of the contracting agency and the solicitation or contract at issue; (4) A statement of the legal and factual grounds of the protest, includ ing copies of relevant documents; and (5) The form of relief requested. (d) Stay of Award. If a timely and complete protest appeal is filed, the award of the contract shall be stayed until all administrative remedies have been exhausted, unless the City Manager determines in w ri ting that award of the contract pending resolution of the appeal is in the best interests of the City. (e) Notice and Response. Notice of the stay and protest appeal shall be delivered to any party who may be adversely affected by the City Manager's decision by facsimile , first class mail or in person within three (3) business days of receipt of a properly filed appeal. (f) City Manager Decision. The City Manager shall issue a written decision to the appellant within ten (10) business days of the date the appeal is filed. If multiple appeals have been filed, they may be conso lidated for purposes of the decision. Copies of the appeal and decision shall be provided to any interested party requesting one. The decision may include any lawful action, including without limitation an amendment o f all or any part of the recommended award. Fo r good cause shown, the City Manager may extend the date for the decis ion for such add itiona l period as may be necessary. (g) If the City Manager sustains a protest in whole or in part, the City Manager shall implement an approp r iate remedy. In determining an appropriate remedy, the City Manager shall consider the circumstances surrounding the solicitation or procurement incl uding the seriousness of the procurement deficiencies, the degree of prejudice to other interested parties or to the integrity of the procurement system, the good faith of The Kenai Municipal Code is current through Ordinance 3044-2018, passed December 5, 2018. 7.15.120 Appeal procedures I Kenai Municipal Code Page 2 of 2 the parties, the extent the procurement has been accomplished, costs to the agency and other impacts on the agency of a proposed remedy, and the urgency of the procurement to the welfare of the City. (h) Notwithstanding subsections (a) and (b) immediately above, if the City Manager sustains a bid protest appeal in whole or part, the protester's damages shall not exceed the reasonable bid or proposal preparation costs. (i) Appeal to Superior Court. Appeals may be taken from the written decision of the City Manager within thirty (30) days of the date of the decision pursuant to Part VI of the Alaska Rules of Appellate Procedure . (Ord . 2852-2015) The Kenai Municipal Code is current through Ordinance 3044-2018, passed December 5, 2018. Disclaimer: The City Clerk has the official version of the Kenai Municipal Code. Users should contact the City Clerk for ordinances passed subsequent to the ordinance cited above. City Website: www.ci.kenai.ak.us City Telephone: (907) 283-8231 Code Publishing Company The Kenai Municipal Code is current through Ordinance 3044-2018, passed December 5, 20 18.