ORDINANCE NO. 1449 AN ORDINANCE SPECIFYING THE REQUIREMENTS TO SELL FOOD CONCESSIONS IN THE AREA OF THE NAPPANEE BUSINESS IMPROVEMENT DISTRICT Section 1. Any person or entity desiring to sell food concessions of any kind in the area of the City of Nappanee’s Bid District, as that area is defined by City of Nappanee Ordinance No. 1359 as amended from time to time, must first obtain a permit for same by making application to the City of Nappanee Clerk/Treasurer’s office. Section 2. When making such application, the person or entity applying shall utilize the form prescribed for same from time to time by the City of Nappanee Clerk/Treasurer’s office. In making such application, the applicant shall: (a) Provide the names and addresses of all individuals and entities having any ownership in the proposed concession; (b) Identify all food products, which the applicant plans to sell; (c) Provide proof of insurance that the applicant is insured for at least $100,000 per individual and $300,000 in the aggregate for public liability claims, including any claims arising from the sale of food products to the general public and provide that the City shall have at least thirty (30) days advance notice of the cancellation of any such insurance. (d) Provide proof of a permit or other form of permission from the Elkhart County Health Department for the operation of the proposed concession, if such permit or permission is required by law. (e) Provide proof of a permit or other form of permission from any other governmental entity where same is required by law. Section 3. Provided that the applicant satisfies all requirements of the application provided in Section 2 above, the City’s Clerk/Treasurer shall issue a permit for food concessions within the Bid District to the applicant upon the applicant’s payment of the permit fee of Ten Dollars ($10.00) to the office of the City’s Clerk/Treasurer. Each such permit shall have a term of one (1) year after which term it shall expire and the privileges granted by such permit shall terminate unless the permit holder obtains a new permit. Section 4. Any individual or entity possessing a permit from the City of Nappanee to sell food concessions within the area specified by Section 1 above may locate their concession in the following areas: (a) In the City’s Leadership Lot or Rotary Lot, or (b) On the sidewalk within the Bid District. Section 5. Any individual or entity desiring to locate their food concession in the area defined at Section 5 (b) above shall be subject to the following restrictions: (a) The concession shall not impede traffic on the sidewalk and, must (i) be located between the planters and the curb and, (ii) allow for pedestrians to exit motorized vehicles at curbside (b) the individual or entity desiring to locate their concession on the sidewalk within the Bid District must have prior written permission from the owner of the building adjacent to the area where the concession is to be located and must provide a copy of such written permission to the City’s Clerk/Treasurer’s Office prior to commencing operation of the concession. Section 6. Food concessions in the City’s Bid District operated pursuant to a permit issued by the City of Nappanee may operate any day of the week between dusk and dawn. Operators of such a food concession must completely clean up the area around the concession each day upon close of business. No concession shall leave any grease or other marks upon the concrete or asphalt where the concession is located. Section 7. In the event that any permit holder fails to maintain insurance on the operation of the concession as required by Section 2 (c ) above; fails to maintain for any reason a proof of permit or other form of permission as required by Section 2 (d) or (e); or is prohibited from operation by any applicable law, rule, regulation, ordinance, resolution or similar enactment by any federal, state, or local governmental entity; then, and in any of such events, the permit from the City of Nappanee for operation of such food concession shall immediately terminate and expire. Section 8. In the event that any permit holder fails to comply with any other applicable federal, state or local law, rule, regulation, ordinance, resolution or similar enactment, or otherwise fails to satisfy any other provision of this Ordinance other than those requirements referenced at Section 7 above, the City, by its Code Enforcement Officer, shall give written notice to the permit holder of such failure and the permit holder shall have three (3) days after receipt of such written notice in which to cure the failure. The notice from the Code Enforcement Officer shall state the specific failure of the permit holder. In the event the Code Enforcement Officer finds that the failure has not been cured within such three (3) day period, the Code Enforcement Officer shall send written notice to the permit holder notifying the permit holder that the failure has not been cured. The permit from the City of Nappanee for the operation of such food concession shall automatically terminate and expire five (5) days after notice of the failure to cure by the Code Enforcement Officer unless within such five (5) day period the permit holder files a notice of protest with the Office of the City’s Clerk/Treasurer’s office in which case the protest will be heard at the next meeting of the City’s Board of Public Works and Safety (the “Board”) which is at least seven (7) days after the filing of the notice of protest and the Board shall rule on such protest at such public meeting where the permit holder shall be permitted to address the findings of the Code Enforcement Officer. Section 9. No permit holder shall be permitted to operate his/her or its concession during the term of the Nappanee Apple Festival without applying for, and obtaining the permission of the Nappanee Apple Festival to operate a concession during such festival. Section 10. Any individual or entity operating a food concession within the area specified by Section 1 above without a permit as provided by this ordinance or, who operates a food concession during the Nappanee Apple Festival without the permission of the Nappanee Apple Festival shall, for the first violation or noncompliance be guilty of a misdemeanor and upon conviction shall be fined not less than Five and no/100 Dollars ($5.00) nor more than One Hundred and no/100 Dollars ($100.00), and each day that such violation or noncompliance shall be permitted to exist shall constitute a separate offense and , upon conviction of a second or subsequent such noncompliance shall be fined not less than One Hundred and no/100 Dollars ($100.00) nor more than Five Hundred and no/100 Dollars ($500.00). THIS ORDINANCE shall be in full force and effect from and after its passage, approval and publication all as provided by law. PASSED AND ORDAINED BY THE COMMON COUNCIL OF THE CIVIL CITY OF NAPPANEE, INDIANA THIS 4th DAY OF April, 2011. Kimberly A. Ingle, IAMC, CMC, Clerk-Treasurer PRESENTED TO ME AND APPROVED BY ME THIS 4th DAY OF April, 2011. Larry L. Thompson, Mayor a14
