719.01 DEFINITIONS.
   For purposes of this chapter, the following definitions shall apply:
   (a)   "Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.
   (b)   "Food delivery operation" means a food service operation from which food is ordered off-site by a customer, prepared, and delivered to the customer. "Food delivery operation" includes, by way of example and not by way of limitation, pizza delivery, sandwich delivery, restaurant delivery services, or "food delivery sales operations" as defined in Ohio Revised Code 3717.01(H).
   (c)   "Food Service Operation" means a place, location, site, or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. As used in this chapter, "served" means a response made to an order for one or more individual portions of food in a form that is edible without washing, cooking, or additional preparation and "prepared" means any action that affects a food other than receiving or maintaining it at the temperature at which it was received.
   (d)   "Food trailer" means any vehicle without motive power that is designed to be drawn by a motor vehicle and is specifically designed or used for food vending operations.
   (e)   "Food truck" means a vehicle propelled by an engine which has been specifically designed or used for mobile food vending.
   (f)   "Food vending operation" means a place, location, site, or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation.
   (g)   "Licensing period" means January 1st through December 31st of each calendar year.
   (h)   "Mobile food vending court" means a location designated by the City of Bellefontaine on a temporary or permanent basis to allow two or more mobile food vending units to operate from such location.
   (i)   "Mobile food vending unit" means a food service operation or retail food establishment that is operated from a food truck, food trailer, pedi-food cart, or pushcart, and that can or does routinely change location. For the purposes of a license under this chapter, "mobile food vending unit" excludes food delivery operations and vending machines, as defined in Ohio Revised Code 3717.01(L).
   (j)   "Mobile food vendor" means every person, firm, partnership, corporation or other business owning, controlling, operating or managing any mobile food vending unit.
   (k)   "Motor vehicle" means any vehicle used for the displaying, storing or transporting of food, beverages or merchandise offered for sale by a vendor which is required to be licensed and registered by the Department of Motor Vehicles.
   (l)   "Pedi-food cart" means a vehicle propelled by human power which has been specifically designed or used for mobile food vending and is or may be operated on a road, street or alley.
   (m)   "Public streets or sidewalk" includes all public streets, sidewalks, roadways, highways, parkways, alleys, public parks, public parking lots or any other public way or area in the corporate limits of the City of Bellefontaine.
   (n)   "Pushcart" shall mean a vehicle propelled by human power which has been specifically designed or used for mobile food vending. Vehicles not specifically designed for mobile food vending including, by way of example and not by way of limitation, racks, wheelbarrows, dollies, grocery carts, baby carriages, tables, chairs, benches, cabinets, or other furniture and boxes, buckets, tubs, or other containers or devices which normally rest on the ground whether or not wheels have been attached shall not be licensed as pushcarts.
   (o)   "Retail food establishment" means a premises or part of a premises where food is stored, processed, prepared, manufactured, or otherwise held or handled for sale of food to a person who is the ultimate consumer.
   (p)   "Stand" means any table, showcase, bench, rack, pushcart, pedi-food cart, wagon, or any other wheeled vehicle or device which may be moved without the assistance of a motor and which is not required to be licensed and registered by the Department of Motor Vehicles, used for the displaying, storing or transporting of food, beverages or merchandise offered for sale by a vendor.
   (q)   "Vendor" means any person, firm, partnership, corporation or other business engaged in the selling or offering for sale, of food, beverages or merchandise from a mobile food vending unit, stand or motor vehicle or from his person.
      (Ord. 16-41. Passed 9-13-16.)