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(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.)
(a) Enforcement. The provisions of this chapter may be enforced by the Mayor, the Avon Police Department, or the Avon Fire Department.
(b) Revocation, Suspension, Modification. In addition to any other penalties specified in Section 838.99
, once a permit has been issued it may be revoked or suspended, for failure to comply with the provisions of this chapter.
(1) Anyone holding a permit that has been revoked or suspended may within ten days of notice of the same, appeal as is provided in Section 838.05(c)(3) above. The Mayor may suspend a permit for no more than three days without notice or hearing, if he or she notifies the permit holder in writing (email is deemed an acceptable writing) that there is a probability of a violation of public safety, health or order. In such a case, anyone holding a permit that has been suspended may request a hearing within seventy-two hours of notice of the suspension in order to determine whether the suspension is justified.
(2) A violation of the rules and regulations under this chapter shall be grounds for the revocation of a permit issued by the Mayor.
(Ord. 47-17. Passed 5-22-17.)
(a) A violation of this chapter for which no penalty is specified is a minor misdemeanor and punishable as set forth in Section 698.02 of the Codified Ordinances of the City of Avon.
(c) Each day that a permit holder is in violation of this chapter is a separate offense or violation.
(Ord. 47-17. Passed 5-22-17.)