ORDINANCE NO. 9026

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER VI, ARTICLE 17, SECTIONS 6-1711 THROUGH 6-1716, INCLUSIVE, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2013 EDITION, AND AMENDMENTS THERETO, PERTAINING TO MOBILE FOOD VENDORS, AND REPEALING EXISTING SECTIONS 6-1711 THROUGH 6-1716, INCLUSIVE.

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

SECTION 1. Chapter VI, Article 17, Sections 6-1711 through 6-1716, inclusive, of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, are 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 to the City, for its approval, a standard Site Plan showing, among other things, the location on the site 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.

~~6-1711~~ ~~SIGNS.~~

Signs shall be limited to those that may be mounted or incorporated on the Mobile Food Unit. Signs shall not exceed the dimensions of the Mobile Food Unit by more than one (1) foot in any direction. No flashing signs shall be permitted. Illuminated signs are permitted, provided that the signs are only illuminated when the Mobile Food Unit is stationary, that such signs are only illuminated during hours that the Mobile Food Unit is being operated, and that any such signs, within five hundred (500) feet of any traffic signal, are not green, amber, or red in color. When the sign is illuminated by a light or lights reflected upon it, direct rays of light shall not beam upon any residential building or into any residential neighborhood or street.

6-1712 MOBILE FOOD UNIT STANDARDS.

All Mobile Food Units shall comply with the following standards:

(a) All Mobile Food Units shall be maintained in good, operable condition and shall, at all times, be capable of being moved.

(b) The exterior of all Mobile Food Units shall be maintained in good repair, shall be sound, shall be free from peeling or flaking paint, and shall be clean and sanitary so as not to pose a threat to the public health, safety, and welfare.

(c) All Mobile Food Units, unless completely self-contained, shall be located in close proximity to and shall be connected safely to electricity and other necessary utilities, such that they do not pose a threat to the public health, safety, and welfare.

(d) Signs shall be limited to those that may be mounted or incorporated on the Mobile Food Unit. Signs shall not exceed the dimensions of the Mobile Food Unit by more than one (1) foot in any direction. No flashing signs shall be permitted. Illuminated signs are permitted, provided that the signs are only illuminated when the Mobile Food Unit is stationary, that such signs are only illuminated during hours that the Mobile Food Unit is being operated, and that any such signs, within five hundred (500) feet of any traffic signal, are not green, amber, or red in color. When the sign is illuminated by a light or lights reflected upon it, direct rays of light shall not beam upon any residential building or into any residential neighborhood or street.

~~6-1712~~

6-1713 MOBILE FOOD VENDOR’S LICENSE REVOCATION.

(a) The City Clerk may revoke any Mobile Food Vendor’s License issued under this Article for one or more of the following reasons:

(1) Fraud, misrepresentation, or false statement contained in the application for the Mobile Food Vendor’s License;

(2) Any violation of the provisions of this Article;

(3) Conducting a licensed activity in an unlawful manner, in a manner that disturbs the peace, or in a manner that is injurious to the health, safety, or welfare of the residents of the City;

(4) Unauthorized use of a public right of way;

(5) Violation of a site plan requirement for an existing land use or for any other violation of Chapter 20 of the City Code; or

(6) Revocation or denial of any license issued by the State of Kansas for food service establishments.

(b) Notice of Revocation shall be in writing, shall be mailed to the applicant at his or her given address, shall inform the licensee of the reason for revocation, and shall inform the licensee that he or she has fourteen (14) days from the date of the Notice of Revocation to appeal the revocation to the Governing Body. The City Clerk shall maintain a copy of the Notice of Revocation in his or her files.

~~6-1713~~

6-1714 MOBILE FOOD VENDOR’S LICENSE APPEAL.

Any person aggrieved by the action of the City Clerk in denying an application for a Mobile Food Vendor’s License or in revoking a Mobile Food Vendor’s License shall have the right to appeal that action to the Governing Body. Such appeal shall be taken by filing with the City Clerk a Notice of Appeal within fourteen (14) days of the date of the Notice of Denial or the Notice of Revocation. The Notice of Appeal must be in writing and must set forth why the applicant or the licensee believes that the denial or the revocation is erroneous. After the Notice of Appeal is filed, the Governing Body shall set a time and place for hearing the appeal. Notice of the hearing shall be given to the applicant or licensee in the same manner as the Notice of Denial or the Notice of Revocation. The Governing Body’s decision and order on such appeal shall be the final order of the City.

~~6-1714~~

6-1715 MOBILE FOOD VENDOR’S LICENSE MUNICIPAL OFFENSE.

Operating as a Mobile Food Vendor without a Mobile Food Vendor’s License shall be a municipal offense. Any person, upon an adjudication of guilt or the entry of a plea of no contest, shall be subject to a fine of a minimum of $500.00 and a maximum of $1,000.00. The municipal court judge shall have no authority to suspend all or any portion of the minimum fine.

~~6-1715~~

6-1716 MOBILE FOOD VENDOR’S LICENSE EXEMPTIONS.

The provisions of this Article shall not apply to the following activities:

(a) Ice cream vendors licensed under Article 9, Chapter 3 of the Code of the City of Lawrence.

(b) Street vendors licensed under Article 6, Chapter 14 of the Code of the City of Lawrence.

(d) Vendors selling at the Farmers’ Market.

(e) Vendors selling on school or university campuses.

(f) Vendors selling as part of a City Approved Event.

~~6-1716~~ ~~SEVERABILITY.~~

If any section, clause, sentence, 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 2. Existing Sections 6-1711 through 6-1716, inclusive, of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, are hereby repealed, it being the intent of the Governing Body that Section 1 of this Ordinance supersede them.

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:

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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.