Food trucks and outdoor vendors (hereinafter "itinerant retailers") require a conditional use permit jointly requested by the property owner (or tenant in possession) and the itinerant retailer and may only operate in the B1, B2, B3, and Conservation districts, subject to the following limitations.
(A) The following conduct shall be prohibited:
(1) No merchandise shall be displayed or sold within ten feet of a:
(a) Doorway or entranceway or within ten feet of prolongation of a doorway or entranceway to the curbline;
(b) Crosswalk;
(c) Designated bus stop;
(d) Fire hydrant; or
(e) Curbcut.
(2) No operation between the hours of 10:00 p.m. to 8:00 a.m.
(3) No merchandise shall be displayed on any utility pole, planter, tree, trash container, public bench, or other sidewalk fixture.
(4) No merchandise shall be displayed or sold in any manner that blocks, obstructs, or restricts the free passage of pedestrians in the lawful use of sidewalks.
(5) (a) No itinerant retailers shall operate within the boundaries of a designated special event, nor elsewhere in the village during the operation of a designated special event without the express permission of the sponsor of the special event. It is the responsibility of the itinerant retailer to ensure they do not violate this division; a permit that includes dates of a special event, even if issued, is not valid for operation during such an event. Itinerant retailers operating in special events are exempt from the license requirement and limitations of this section during the event. Designated special events shall include only those events for which the written approval of Council has been obtained for the use of public property for the special event. The Council may grant permission for the use of the public property for special events sponsored by community service organizations and nonprofit corporations. A map designating the boundaries of the public property being utilized for the special event must be submitted by the sponsoring entity to the Chief of Police after the special event has been approved.
(b) Currently approved and recurring special events include: The Bellville Agricultural Street Fair, the Farmers Market, "First and Third Thursday" events, and the Clear Fork Valley Chamber of Commerce Street Mart.
(6) No itinerant retailer shall operate in any one location for more than three consecutive days and no more than twice a year at any combination of locations throughout village corporation limits.
(7) Itinerant retailers shall remove all equipment, vehicles and price postings from their places of operation at the end of each day.
(8) No itinerant retailer shall operate on any private property without the landowner or tenant in possession being a party to the permit application.
(9) No itinerant retailer shall operate in municipal parks, street rights of way or on any other public property.
(B) For itinerant retailers selling food, copies of a mobile food service license issued within the State of Ohio must be provided. For temporary licenses, separate application must be made to Richland Public Health with approval in hand prior to the application for a permit.
(C) The itinerant retailer ("owner") and landowner (or tenant in possession) must each have an insurance policy currently in effect, and will maintain same during the entire permit/approval period covering the owner or any other person using the described/permitted vending device with the owner's consent for any claims or damages to property or injury to persons resulting from any activity carried on under the permit/approval. Such insurance shall provide coverage of not less than $25,000 for any one incident and shall be combined single limit coverage from an insurance company duly licensed to transact such business in the State of Ohio, and no deductible shall be allowed from this policy in an amount greater than $250. The landowner must have a general business insurance policy that covers personal injuries to business invitees.
(D) Must have current Richland Health Department and Food Service License.
(E) Each conditional use permit is only valid the current calendar year; a new permit with all required documentation and fees is required for subsequent years.
(F) The permit shall be requested on the form provided by the village and accompanied by a $100 permit fee; the Village Administrator is given discretion to request any information that may be useful or necessary for the village in enforcing this section or subsequently in the event of any malfeasance or mishap, which can include, for example, personally identifying information of the applicant (name, height, weight, SSN, hair, eye, gender, etc.), descriptions of the goods/services to be offered for sale, dates of operation, numbers and names of employees, a BCI background check of the applicant and/or employees, business information such as license numbers, trade names, etc. The Village Administrator shall also be the approval authority for permits issued under this section.
(G) Grandfather clause. Itinerant retailers with permits issued prior to the effective date of this subchapter shall not be required to pay permit fees for yearly renewals; however, all other restrictions and requirements, including but not limited restrictions on locations, timing, duration, and frequency, apply to current permit-holding businesses and those businesses must provide copies of all required documents annually in lieu of applying for a new calendar year permit.
(H) Violations, penalty. A violation of this section, either by operation without a permit or operation in violation of any of the terms, is an unclassified misdemeanor punishable by a fine of up to $500, plus forfeiture of any gross revenue received in violation of this section. Each day of operation is considered a separate violation.
(Ord. 26-2021, passed 7-20-2021; Ord. 40-2021, passed 11-2-2021)