Loading...
(a) Single Application. There shall be made available by the Mayor a single application form to apply for each mobile food vehicle permit. The application shall provide the following:
(1) A description of the necessary inspections and fees.
(2) A description of the areas of the City where the operation of mobile food vehicles are limited or prohibited.
(b) Submission of Materials. Each application shall include the following materials:
(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) A description of the proposed plan of operation for the mobile food vehicle operation.
(3) A plan illustrating the proposed location(s) of the mobile food vehicle.
(4) Certification that the mobile food vehicle has passed all necessary inspections required by the City Fire Department and the Lorain County Health Department.
(5) A certificate of insurance providing general liability coverage in the minimum amount of one million dollars ($1,000,000) in the aggregate in a form acceptable to the City.
(c) Approval Process. An application must be submitted to the Mayor.
(1) The Mayor or his or her designee may work with the applicant or permit holder to modify a location(s) at any time: (i) before the issuance of a permit; (ii) after the issuance of a permit, if it is determined that the granting of a permit or the approval of a location or service route constitutes a public nuisance or otherwise endangers public health, safety or order or by the request of the permit holder.
(2) Within thirty days of the submission of a completed application, the Mayor shall either issue or deny the application for a permit.
(3) If the application is denied in whole or in part, the Mayor shall state the specific reasons for the denial. Any applicant who has been denied a permit may appeal such denial by submitting a written appeal request to the Planning Department within ten days of the date of the denial. The appeal shall be heard by the Board of Zoning and Building Appeals within thirty days of receipt of said appeal upon procedures established by the Board of Zoning and Building Appeals. The decision of the Board of Zoning and Building Appeals may be appealed by the applicant or the Lorain County Common Pleas Court as is provided in Ohio R.C. Chapter 2506.
(Ord. 47-17. Passed 5-22-17.)
(a) General. The following rules and regulations apply:
(1) No operator of a mobile food vehicle shall park, stand or move a vehicle and conduct business within areas of the City where the permit holder has not been authorized to operate for a special event or private party or gathering;
(2) The issuance of a permit does not grant or entitle the exclusive use of a location to the mobile food vehicle permit holder, other than the time and place as approved for the term of the permit;
(3) No mobile food vehicle shall provide or allow any dining area, including but not limited to tables, chairs, booths, bar stools, benches and standup counters, unless a proposal for such seating/standup arrangements is submitted with the permit application and approved by the Mayor;
(4) Permit holders shall provide customers with single service articles, such as plastic silverware and paper plates, and a waste container for their disposal. All mobile food vehicles shall offer a waste container for public use that the operator shall empty at his or her own expense if not provided by the special event sponsor;
(5) No mobile food vehicle shall make or cause to be made any unreasonable or excessive noise in violation of Section 648.10 of the City's Codified Ordinances;
(6) No permittee shall employ the use of flashing or moving lights on or near a mobile food vehicle as part of its operation;
(7) A mobile food vehicle may not operate on public property, including right-of-way, unless the Mayor has otherwise granted approval on the special event permit application for its operation at the particular location during specific times;
(8) The City reserves the right to relocate a mobile food truck to an alternate location as determined by the Mayor if the approved location needs to be used for emergency purposes or other public benefit; and
(9) Mobile food vehicles shall adhere to all applicable parking regulations for commercial vehicles.
(b) A mobile food vehicle must be licensed by the health district in which the home base or business headquarters is located. Said license is valid throughout the State of Ohio and must be on site for validation. In addition, mobile food vehicles shall at all times be in compliance with all applicable governmental rules and regulations, including but not limited to those of the Lorain County General Health District and the State of Ohio.
(c) Without exception, a permit under Section 838.04(c) is required for all mobile food vehicles in use within the City of Avon. Mobile food vendors are responsible to ensure compliance with all applicable Federal, State and local fire safety statutes, regulations, ordinances and codes. Inspections and approvals by the Avon Fire Department are valid for the life of the permit. No food establishment or mobile food vehicle shall operate within the City unless it has a permit from the City and has been approved for operation by the Avon Fire Department.
(Ord. 47-17. Passed 5-22-17; Ord. 43-20. Passed 5-11-20.)
(a) Special Event Application Fee. There shall be no application fee for a permit for a special event.
(b) Seasonal Vendor Permit Fee. The one-time application fee for an annual event permit is fifty dollars ($50.00) for the calendar year.
(c) Exemptions. There shall be no application fee for the following:
(1) A private party or gathering;
(2) Mobile food vehicles owned and operated in Avon by Avon-based restaurants; or
(3) Mobile food vehicles being operated pursuant to contract with the City.
(Ord. 47-17. Passed 5-22-17; Ord. 43-20. Passed 5-11-20.)
(a) Transfers for Value Prohibited. No person holding a permit for a mobile food vehicle shall sell, lend, lease or in any manner transfer or assign a mobile food vehicle permit except as provided for under subsection (b) below.
(b) Non-value Transfers as Part of the Sale of a Business. Notwithstanding subsection (a) above, a permit holder may transfer a permit as part of the sale of a majority of the stock in a corporation holding such permit, as part of the sale of a majority of the membership interests of a limited liability company holding such permit, or as part of the sale of a business or substantially all of its assets; provided that there shall be no allocated or actual value for the transfer of the permit.
(1) Prior to any such transfer, the transferor shall notify the Mayor in writing and the transferee shall submit a food vehicle permit application for approval to the Mayor pursuant to the process set forth in Section 838.05.
(2) Any such transfer shall be subject to the terms and conditions of the original permit.
(Ord. 47-17. Passed 5-22-17.)
(a) Operation Without Permit. No mobile food vehicle shall be operated without a valid mobile food vehicle permit issued by the Mayor pursuant to this chapter.
(b) Unattended Vehicles Prohibited. No mobile food vehicle shall be parked on the street overnight, or left unattended and unsecured at any time food is kept in the mobile food vehicle. The owner or operator of any mobile food vehicle found to be in violation of this subsection may be charged with a violation of this chapter.
(c) A mobile food vehicle operating at an unauthorized location, or beyond the hours for which the special event or private party has been permitted, shall be deemed operating without a permit in violation of this section and may be subject to enforcement under Section 838.10.
(Ord. 47-17. Passed 5-22-17.)
Loading...