Summary:

As a citizen of Mt Washington, KY and owner of real property, we have the right to invite mobile food vending operations, to support special events. Mt. Washington City Hall has blatantly and publicly announced their disregard for the provisions established within their own city ordinance which allow owners of real property to invite venders to support these local community events.

I am asking all Mt. Washington, KY citizens and those from the surrounding community speak up. Join us in petitioning City Hall to reconsider their interpretation of the local Mobile Vender ordinance.

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Backstory:

As the quarantined months have forced individuals to stay home, local HOAs and landowners have organized small community events to safely bring the community together. These HOAs and landowners have willingly requested and sought out the support of small business owners of mobile food trucks to support community events. Each event has followed the (already strict) guidelines to comply with CDC and local directives to protect individuals from the Corona Virus. These local events have been in the best interest of the surrounding community and promoted economic growth, while at the same time bringing the community closer together through fellowship and comradery.

Mt. Washington City Hall has decided to take it upon themselves, in direct disinterest of the communities wishes, to ban and threaten the venders who have supported these missions by local organizations. City Hall is actively looking for community events and targeting the venders by threatening to fine the venders. These threats are "supported" by the City Clerk's misinterpretation of the city ordinance. Through the actions of City Hall, the Mt. Washington community is being punished and events have been cancelled. 

Ordinance:

The governing document for this topic is (Mt. Washington, KY) TITLE XI: BUSINESS REGULATIONS § 121 "Mobile Food Unit Vendor". Basic summarization:

A) "licensing of the vendor" $250 permit to operate within city limits. 
B) ALTERNATIVELY, owners of real property may allow mobile food unit vendors to use said property. As long as the venders are in compliance with state agencies' or local health department's licensing and permits.

Legalese in depth: § 121.03 (B)

B) "alternative to the requirements imposed herein under this section,  the owner of the real property ... may ... submit for approval ... to have the property used on a regular basis by one (1) or more mobile food unit vendors, in compliance with the following:"

1. The location of mobile food unit vendors shall be subject to all applicable zoning ordinances and restrictions.
2. That the site is zoned in a category that permits restaurants as a principal permitted use, or that site restrictions are in place that make the mobile vending use compliant with applicable zoning restrictions related to the serving of food within the zone.
3. Notwithstanding the above, a mobile food unit vendor(s) must make available to the government a duly executed statement of permission from the property owner or owners or his, her or its agent for use of the property upon request.
4. Nothing contained in this section shall relieve a mobile food unit vendor from obtaining its applicable merchant license(s) and any other permits required by state agencies or the local health department. 

Bottom Line:

Mt Washington being a Local Municipality and not defined as a State Agency would imply (by the wording of the ordinance itself) that Mt. Washington's § 121.03 (A) is NOT applicable and no food truck vender permits are required. Also, a zoning "exception is provided if permission is obtained from the legally recognized homeowner’s association for the affected property" (§ 121.05 (L)). This clause voids the applicability of § 121.03 (B) (1&2).

The proper procedure for this action SHOULD be:

1. Property owners must notify City Hall of the intended use of real owned property, with local vender support. 
2. Property owner provides vender with a written statement allowing the use of property for operation (in lieu of Mobile vender permit). 

What this petition is NOT:

• An attempt to lift all mobile food truck requirements
• Requesting mobile food trucks to freely roam city streets
• Requesting new legislation/ordinances