838.01 Purpose.
838.02 Definitions.
838.03 Scope of chapter.
838.04 Mobile food vehicle permit required.
838.05 Application for a mobile food vehicle permit.
838.06 Rules and regulations.
838.07 Permit fees.
838.08 Prohibition against the transfer of a permit.
838.09 Operation of mobile food vehicles.
838.10 Enforcement.
838.11 Severability.
838.99 Penalty.
(a) The City recognizes and supports the vitality and activity that is created by outdoor business activities at special events within the French Creek Business District, in City parks and in other locations. However, the operation of such business or other uses within public street rights-of- way requires careful consideration and review to ensure that such uses function in a manner as to create the aforementioned benefits without any undue negative effects.
(b) The purpose of establishing these regulations is to create a pleasant and vibrant downtown environment for visitors and residents, to provide an opportunity for limited operations in park and residential areas, to prevent the obstruction of pedestrian, bicycle and motor vehicle traffic, to ensure that adequate efforts are made 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, cleanliness, etc.
(Ord. 47-17. Passed 5-22-17.)
When used in this chapter, unless the context otherwise requires, the following terms shall have the following meanings:
(a) “The Mayor” shall mean the Mayor of the City of Avon.
(b) “Food establishment” shall mean a business operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption.
(c) “Mobile food vehicle” shall mean a food establishment that is located upon a vehicle including 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, pushcart vendors, bicycle cart vendors, mobile food trucks, canteen trucks, and coffee trucks. This definition does not apply to “meals on wheels” program vehicles or food home delivery services.
(d) “Private party” shall mean a social gathering on private property not open to the public.
(e) “Special event” for the purpose of this chapter, shall mean any outdoor activity or series of outdoor activities open to the public specific to an identifiable time and place most often produced in conjunction with community organizations, held on public property including street rights-of-way, non-profit organization property or non-residential private property and generally occurring once a year and for which a special event permit is required. A special event includes but is not limited to:
(1) Any activity involving entertainment and/or amplified sound, food, beverage, merchandise sales or any activity promoted as a festival, sports event, trade show, craft show, public dance, concert or performance;
(2) Any activity that may substantially increase or disrupt the normal flow of traffic on any street or highway;
(3) Any activity which involves the use of public facilities; or
(4) Any activity which involves the use of City services that would not be necessary in the absence of such an event.
(f) “Seasonal vendor permit:” vendors anticipating operating within the City of Avon during the course of the calendar year may pay a one-time fee, following all required application and inspection requirements to be pre-approved for the year. Vendors must still be approved to participate by each special event organizer/sponsor and must notify the Mayor's Office one week in advance that they will be operating in Avon for specific special events.
(Ord. 47-17. Passed 5-22-17; Ord. 43-20. Passed 5-11-20.)
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