The purpose of this chapter is to protect the health, safety and welfare of the public by requiring permits for mobile food vehicles and to establish minimum requirements for the operation of such vehicles related to their location, hours of operation, sanitation, and cleanliness.
(Ord. 98-2019, passed 7-8-2019)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIRE MARSHAL. The Fire Marshal of the Avon Lake Fire Department.
FOOD ESTABLISHMENT. A business operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption.
MAYOR. The Mayor of the City of Avon Lake.
MOBILE FOOD VEHICLE. A food establishment that consists of or is located in or upon a vehicle, including cars, trucks, motorcycles and bicycles, or which is pulled by a vehicle, where food or beverage is cooked, prepared or served for individual portion service. This definition includes but is not limited to mobile food kitchens, pushcarts, bicycle carts, mobile food trucks, canteen trucks and coffee trucks. This definition does not include “meals on wheels” program vehicles, food home delivery services, or a vehicle operated by a peddler pursuant to a current license issued under this code of ordinances.
PERMIT. A mobile food vehicle permit issued pursuant to this chapter.
PRIVATE PARTY. A social gathering not open to the public on private property or on public property reserved for such gathering.
SPECIAL EVENT. Any outdoor activity or series of outdoor activities of the type described in § 1224.02(f)(12) of this code of ordinances.
(Ord. 98-2019, passed 7-8-2019; Ord. 21-70, passed 4-26-2021)
(a) Application. An application for a permit shall be made available by the Fire Marshal.
(b) Information required. Each completed application must include or be accompanied by the following:
(1) The name of the business and its owner or owners, the mailing address of the business, and mobile telephone number of the operator;
(2) The types of food and beverages to be dispensed from the vehicle;
(3) A description of the vehicle and the vehicle identification number;
(4) Certification that the mobile food vehicle has passed all necessary inspections required by the County Health Department with jurisdiction over such mobile food vehicle;
(5) A certificate of insurance evidencing commercial general liability coverage in the minimum amount of $1,000,000 in the aggregate in a form acceptable to the city;
(6) A valid vendors permit if any items being sold are considered taxable; and
(7) A current inspection of their gas and piping system if unit is so equipped.
(c) Approval process: appeals. The completed application must be submitted to the Fire Prevention Department at the Avon Lake Fire Department. Within 30 days of the submission of a completed application, the Fire Marshal shall either issue or deny the application for a permit. If the application is denied in whole or in part, the Fire Marshal shall state the reasons for the denial. Any applicant who has been denied a permit may appeal such denial by submitting a written notice of appeal to the Code Administrator not later than ten days of the date of the denial. The appeal shall be heard by the Zoning Board of Appeals within 30 days of receipt of said appeal upon procedures established by the Zoning Board of Appeals. The decision of the Zoning Board of Appeals may be appealed by either the applicant or the city to the Lorain County Common Pleas Court in accordance with R.C. Chapter 2506.
(Ord. 98-2019, passed 7-8-2019; Ord. 21-70, passed 4-26-2021)
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