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HomeMy WebLinkAboutORDINANCE 0420-1978CITY OF KENAI ORDINANCE NO. 420-78 AN ORDINANCE OF TILE. COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING CHAPTER 20, MOBILE FOOD VENDER, OF TITLE V OF THE KENAI CODE. WHEREAS, the City of Kenai p~'esently has no ordin.mnee regulating mobile food vending units within the boundaries of the City; and, WHEREAS, it is in the public interest to have an ordinance placing certain eon- t~ols on such mobile food vending units so that these operations cen be made to eonfm'm to certain standards benefiting the public health and safety. NOW, THEREFORE, be it ordained by the Council of the City of Kenai, Alaska, as follows: Section I. There is hereby added to the Code of the City of Kenat, Alaska, a new chapter in Title V, BUSINESS & OCCUPATION8, entitled Chapter 20. Mobile Food Vender. Said chapter shall read in its entirety as attached hereto. CITY OF KBNAI Vincent O'Reilly, May~t,~ ATTEST: 'St/e P~ter, City Clerk FIRST READING: SECOND READING: EFFECTIVE DATE: July 5, 1978 July 19, 1978 August 19, 1978 6/29/78 Mobile Food Vender 5.20.010 5.20.020 5.20.030 5.20.040 5.20.050 5.20,060 5.20.070 5.20.080 5.20,090 Defimflons Application fox' License Prohibited Aete License: Non-Transferable License Fee and Term Revocation or Restx'ieflon of License Appeal Conduct of Business Penalty 5.20.010 Definitions As used in this Chapter: "Mobile food vending unit" means any type of vehicle ox' wegon which is designed to be re~ d/l$, movable and fx'om which any food or beverage is sold or offex'ed fee sale to the public at any location, whether on px'ivate or public property, within the bound/wles of the ClOy. e 'Opex'ate" means to engage in the business m' to conduct the des- ignated business as ownex' of the business; ox' ss sn owner, to employ, induce, ox' otherwise proetwe anothex' pex*son to operate ce conduct the business. "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 30~ of the voting steek of the corporation. AMF2IDED PAGE 6/28/?8 5.20.020 Application for License Applications for s mobile food vending unit license shah be made in writing to the City Clerk on forms prescribed and furnished by the Clerk. 1. ITEMS TO BE INCLUDED IN APPLICATION Applications shall contain the following information: a. The full name of the applicant; b. The applieant*s Social Security number; c. The mailing, residential, and business addresses of the appli- cant; d. The date of the application; e. The natu~'e and a description of the food vending unit business or aet~.vity to be conducted; f. The type of vehicle, license nurr~ber, and registration number of the vehicle used es said unit; g. The Kenal Peninsula Borough sales ta~ registration number of the applicant. 2. ITEMS REQUIRED IN ADDITION TO APPLICATION FORM With the application, the applicant shall also fm'nish: a. The original inspection report, to be eopisd by the Clerk, is- sued to the applieant/owner bi/ the Department of Health & Social Services, Division of Public Health & Sanitation, State of Alaska; b. The fee for the City license as prescwibed herein; e. The legible signature of the applicant/owner or person author- ized to sign on behalf of the applicant/owner; d. An affirmation or oath, as ma!/be required by the Clerk, that the information and statements made in connection with the ap~ plicaflon ~u'e true, ~orrect, and complete; AMENDED PAGE 7/10/78 5.20.020 5.20.030 5.20.040 Application for License 2. ITEMS REQUIRED IN ADDITION TO APPLICATION FORM (continued) A certificate of insurance, indicating that the applicant*s opera- tion of a mobile food vending unit is covered by liability insurance as follows: Personal Injury (Each Occurranee) Aggregate Products (Each Ocourrance) Property Damage (Each Oceurrance) $100,000 $300,000 $ 60,000 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. Prohibited Acts It is unlawful: For any person to engage in a business of operating a mobile food -,,ending unit as defined by Section 5.20.020 (1) without first obt_~_!_n_ing a mobile food vending unit license from the City Clerk. For any person to obtain or attempt to obtain a license by making a false statement in the application or by other fraudulent or de- ceptive means. For any person licensed under this chapter to kno~hxgly or wil- fully authorize, order, instruct, or permit an employee, agent or person under his supervision or control to do an act in connection with the licensed activity which violates any provision of this chap- ter or a license issued under this chapter. License: Non-Transferable 1~o license may be sold, conveyed, or otherwise transferred by the holder thereof to any other person at any time, and no license sold, conveyed, or otherwise transfem'ed shall be valid as to the new holder thereof. Successors in interest to persons licensed under this chapter shall make original application for a license ff successor wishes to continue or to resume the activity. 5.20,050 5.20.060 5.20,070 License Fee and Term An applicant shall pay a fee of $120 for the issuance of a license, which shall expire one year from its issuance. The Clerk may issue a license which shall expire within a shorter duration of time and the fee therefor will be proportionately reduced. All non-profit organi- zations shall be exempt from paying the above license fee. Said gantzations making application should present proof sufficient to the Clerk of its non-profit status. Revocation or Restriction of License The Clerk may revoke or restrict any license upon written notice there- of to the license holder. Any revocation o~ restriction shall be made in writing, steting briefly the reason for such decision. Such decision shall be mailed by certified m.~!l tc the licensee at the address as pro- vided in the application or may be delivered to the licensee at his place of business. Appeal Any applicant or licensee desi~-ing to appeal from the decision of the Clerk in restricting or revoking any license provided for by this chapter shall within ten days fx'om the receipt of a written decision, as provided by Seotion 5.20.060, furnish the City Manager a written notice of appeal, stating the order or decialon from which the appeal is taken. The City Managor 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 snd place of such hearing. The notice of the time and place of hearing shall be given within ten days from the date of the hearing and not less than three days prior to the hearing. 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 deci- sion as may be Justified under the ~.ireumstances. AMENDED PAGE 6/30/78 5.20.090 Conduct of P, ustne:;s A mobile food vender may not operate from a location on n public street, alley or right-of-way for a peri¢~l of time in excess of one hour, unless the operator acquires written permission from the Chief of Police to operate for a longer period of designnted time to provide service to the public attending a .qporting or recreational event. Notwithstanding the provisions of (1) above, mobile food vender may not operate on a public street, alley or right of way where such operation would interfere with the ,~o:'n,~l flow of traffi, e, 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 la of the Alaska Administrative Code, entitled (Public Safety). The mobile food service may not be operated in front of or immedi- ately adjacent to any established business offering the same or sim- ilar commodities upon a fixed location. No person may operate as a mobile food vender within the boundar- ies of a City park unless such operation is permitted under ordin-- anee or other lawful authority. penal_ty_ Any person who violates any provision of this chapter or the tetras, conditons, or limitations of any license issued here- under shall be subject to a civil penalty of not less than $50.00 nor more than $1,000.00 for each offense, or injunctive relief to restrain the person from continuing the violation or threat of violation, or both the civil penalty or injunctive relief. Upon application far inJtinetive relief and a.flnding that a perscm is violating or threatening to violate any provision of this ehapt,~r, the terms, conditions, or limitations of any license issued here- under the Superior Court shall grant injunctive relief to restrain the violation. Each day of violation of any provision of this chapter or conditions or limitations of any license issued hereunder shall constitute a separate offense.