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(A) No person shall peddle frozen desserts from a motor vehicle within the city without the following:
(1) A completed FBI and BCI fingerprint check and proof of same on the person selling such products to be presented to the Barberton Police Department before a permit is issued. Such cost for the fingerprint criminal background check shall be borne by the company and/or individual applying for the permit;
(2) A permit issued by the Barberton Police Department for the cost of $50 per applicant;
(3) A validated Ohio driver’s license; and
(4) A State of Ohio mobile food vendor license issued by a county health department.
(B) No person shall peddle frozen desserts within the city who has been convicted of, or pled guilty to, any of the following criminal offenses:
(1) Any offense involving a minor;
(2) Any sexually oriented offense, including, but not limited to, corruption of a minor, sexual imposition, importuning, voyeurism, public indecency, procuring, soliciting, prostitution, loitering for the purpose of engaging in prostitution, disseminating material harmful to juveniles, deception to obtain material harmful to juveniles, possession of obscene material involving a minor, possession of sexually oriented material involving a minor, possession of nudity-oriented material involving a minor and displaying matter harmful to juveniles;
(3) Any assault within seven years after service of sentence after conviction or guilty plea; and
(4) Unlawful possession of weapons within five years after conviction or guilty plea; and/or
(5) Any homicide offense in Ohio R.C. Ch. 2903 or any substantially equivalent homicide offense under any municipal or state law.
(C) Any applicant applying for a permit to peddle frozen desserts under this chapter shall complete the application in its entirety and shall provide an affidavit stating that the applicant has not been convicted of or pled guilty to any of the criminal offenses listed in division (B) above. Such application shall be filed annually. Any employer applying for a permit to peddle frozen desserts shall list the name, address, date of birth and Social Security number of each employee or person who will be peddling frozen desserts.
(D) The Police Chief or his or her designee, shall refuse to grant a permit to peddle frozen desserts under this section, or shall revoke a permit to peddle frozen desserts under this section, for anyone or more of the following reasons:
(1) The applicant has been convicted of, or pled guilty to, any criminal offense involving a minor or any other criminal offense listed in division (B) above;
(2) The applicant fails to provide the information required by division (A) above;
(3) The applicant makes or made a false statement in the permit application;
(4) The applicant fails to report a conviction that occurs during the permit period; and
(5) The applicant fails to pay the applicant permit fee.
(E) There shall be no peddling of frozen desserts after 9:00 p.m.
(F) No audible signal, music or amplified sound of any type shall be permitted when the mobile vendor is in a stationary position.
(G) Violation of this section shall be a misdemeanor of the fourth degree.
(Ord. 182-2008, passed 10-13-2008; Ord. 53-2011, passed 5-9-2011)