ORDINANCE NO. 9026

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER VI, ARTICLE 17, SECTION 6-1711 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2013 EDITION, AND AMENDMENTS THERETO, PERTAINING TO MOBILE FOOD VENDORS, AND REPEALING EXISTING SECTION 6-1711.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Chapter VI, Article 17, Section 6-1711 of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, is hereby amended to read as follows:

6-1711             MOBILE FOOD VENDOR'S LICENSE RESTRICTIONS.

(a)        Mobile Food Vendors shall obtain the permission of the property owner before engaging in any activities licensed by this Article.

(b)        Mobile Food Vendors may only engage in activities licensed by this Article on improved surfaces in commercial, industrial, and nonresidential special purpose zoning districts as defined in Chapter 20, Article 2 of the Code of the City of Lawrence.

(c)        Mobile Food Vendors are prohibited from offering for sale any food and/or beverage from a public right of way, except as part of a City Approved Event.

(d)        Mobile Food Vendors are prohibited from offering for sale any food and/or beverage from any unoccupied or vacant lot, except as part of a City Approved Event or pursuant to a City-approved Site Plan establishing a location for Mobile Food Vendors as a permanent or seasonal element of the site in accordance with subsection (g) of this Section.

(e)        No more than two (2) Mobile Food Units may be operated at the same time on any single property, except as part of a City Approved Event or pursuant to a City-approved Site Plan establishing a location for Mobile Food Vendors as a permanent or seasonal element of the site in accordance with subsection (g) of this Section.

(f)        Mobile Food Vendors are prohibited from offering for sale any food and/or beverage from a single property for more than three (3) hours out of every day, except as part of a City Approved Event or pursuant to a City-approved Site Plan establishing a location for Mobile Food Vendors as a permanent or seasonal element of the site in accordance with subsection (g) of this Section.

(g) The City may approve a Site Plan establishing a location for Mobile Food Vendors as a permanent or seasonal element of a site only when the following conditions are met:

(1) The owner must submit for the City's approval a standard Site Plan, showing, among other things, the location of Mobile Food Vendors as either a permanent or seasonal element of the site;

(2) The proposed Site Plan must meet all requirements of Chapter 20 of the Code of the City of Lawrence, as amended, and the provisions of this Article; and

(3) The real property that is the subject of the Site Plan must be located in a zoning district where Fast Order Food, as that term is defined at Section 20-1724(6) of the Code of the City of Lawrence, as amended, is a permitted use.

SECTION 2. Existing Section 6-1711 of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, is hereby repealed, it being the intent of the Governing Body that Section 1 of this Ordinance supersede it.

SECTION 3. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ___ day of ________, 2014.

 APPROVED:

___________________________________

Mike Amyx

Mayor

ATTEST:

__________________________________

Diane Trybom

Acting City Clerk

APPROVED AS TO FORM:                   

__________________________________

Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.