§ 32-66. Administrative regulations.

(a)

The county administrator shall, upon adoption of the effective date of the ordinance from which this article is derived, establish administrative regulations that may be necessary to implement herein provisions.

(b)

All owners duly licensed by the unified government prior to July 1, 2004, shall continue to be licensed until January 1, 2006, at which time said owners shall be required to be licensed in full compliance with this chapter. Nothing herein shall be construed to exempt said owners or operators from the requirements and restriction in the operation of a food vending vehicle or pushcart.

(c)

The unified government board of commissioners, upon recommendation of the county administrator, may authorize the vending of food from vending vehicles or vending stands adjacent to specified zoning districts or upon any designated area, street, block, park or public right-of-way within any zoning district or authorized area shall be subject to all requirements specified in this Code. Vending of food from a vending vehicle shall be permitted on any sidewalks adjacent to C-D, M-1, M-2, and M-3 zoning districts or on properties in C-2 districts exceeding five acres. Vending of food from a vending vehicle or vending stand shall also be permitted on the frontage of 7th Street in the area beginning north of Tauromee Avenue and ending at the north edge of Armstrong Avenue, provided that the vending vehicle operates on public property within 50 feet of the right-of-way.

(d)

No person shall stop or operate a vending vehicle on a public thoroughfare, park, alley, lane, street, sidewalk or right-of-way or any public or private property for the purpose of selling, giving, displaying or offering for sale any food or beverage product, except as provided in this article, without a license issued pursuant to this article. No person shall stop, park or cause a food vending vehicle to remain on any private property for the purpose of selling, giving away, displaying or offering for sale any food or beverage product to any person other than the owner of such property or his agents, customers or employees.

(e)

Any person operating a duly and properly licensed restaurant pursuant to this Code and the laws of the state may, subject to the requirements of this article and applicable laws, operate a food vending stand adjacent and contiguous to the restaurant's licensed premises on private or public property in compliance with applicable health, fire and life safety codes. No owner's license shall be required for a vending stand operated by a duly and properly licensed restaurant. Ingress and egress to the restaurant shall under no circumstances be partially or fully blocked or impaired. The vending stand may vend only food and beverage sold or available within the restaurant. The person operating the vending stand may be an employee, owner, or an independent contractor. The owner shall be responsible for the operation of the food vending stand. Water flush toilet facilities for the use of the food service personnel shall be available within 100 feet of the vending stand whenever it is open to conduct business for more than a one-hour period.

(Code 1988, § 32-153; Ord. No. O-99-04, § 9, 12-16-2004; Ord. No. O-91-05, § 1, 12-15-2005)