832.04 RETAIL SALE OF FOOD ITEMS FROM MOBILE, NON-PERMANENT, FOOD CARTS.

   (a)   No person shall be permitted to sell retail food items from a mobile, non- permanent cart, except as set forth in this section:

      (1)   No person shall operate a said business without first obtaining a permit from the City. The fees for such permit from the City shall be determined by City Council, which upon its discretion shall set the fees dependent upon the hours of operation of said cart.

      (2)   No person shall operate said business unless it is in compliance with all regulations for the sale of food as provided in Chapter 820 and the Revised Code of Ohio.

      (3)   No persons shall operate said business on public property within the City. The hours of operation shall be determined by City Council.

      (4)   No person shall be permitted to sell any alcoholic beverages from mobile or non-permanent food carts.

      (5)   No pushcart shall be left unattended on a public right-of-way for longer than thirty (30) minutes.

      (6)   Pushcart owners shall be responsible for the cleaning and repair of any public right-of-way soiled, stained or damaged by the placement and operation of their pushcarts. Such cleaning or repair shall be done in such a manner so as to return the area to its original state, and shall be at the expense of the pushcart owner. The License Section may conduct an inspection of any such areas to determine if the repair or cleaning is satisfactory.

      (7)   Pushcarts are prohibited from operating on any public right-of-way where public safety is jeopardized;

         A.   Any pushcart found to cause consistent, justified complaints from the general public in the area where operating, shall be prohibited from operating in that area. This shall include, but not be limited to failing to maintain a clean working area, damaging sidewalks or buildings with foodstuff and wrappers, spilling of grease on the sidewalk, or failing to respect the rights of building occupants.

         B.   Propane tanks on pushcarts shall not be changed while resting on any public right-of-way.

         C.   No pushcart shall be placed within ten (10) feet of any fire hydrant.
(Ord. 44-11. Passed 12-13-11.)

      (8)   The provisions of Section 832.04, including (a)(1) through (7) hereof may be waived at the request of the organizing event and by written permission of the Mayor for the purpose of allowing food service at community events.
(Ord. 24-12. Passed 5-22-12.)

   (b)   Pushcart standards as follows will apply and be enforced:

      (1)   Generators on pushcarts powered by gasoline are prohibited. Only generators powered by propane are acceptable. Generators shall not be placed on the ground, or placed so as to extend the allowable dimensions of the cart.

      (2)   The braking mechanism on a pushcart shall be affixed in such a manner that it is not readily removable. The use of ropes and chocks as the sole braking mechanism is prohibited.

      (3)   Unsecured weather guards on pushcarts are prohibited. Weather guards shall be included as part of the allowable measurements of the cart.

   (c)   Reserved.

   (d)   With the exception of merchandise or food items to be sold, pushcarts presented for inspection shall be exactly as they will appear when operating on a public right-of-way or private property, including any food rack.

   (e)   No modification even if such modification does not violate measurement requirements, shall be made to a pushcart that violates any health or safety regulation or law.

   (f)   Umbrellas, canopies, or other covers used on pushcarts shall be clean and well maintained, with no holes or tears. Pushcart owners shall have ninety (90) days to comply with this requirement where it is necessary to replace the umbrella or canopy. Pushcart owners shall have a period of five (5) days to comply with this requirement where it is necessary only to repair or clean an umbrella or canopy. These time frames shall not apply where holes, tears and cleanliness are found to be a violation of the Health Code.

   (g)   Pushcarts shall be maintained in such a manner that prevents the spilling or splattering of grease, water, food or trash on any public right-of-way or private property, where the cart is placed.

   (h)   A three foot by five foot (3' x 5'), National Sanitation Foundation (NSF) approved mat shall be used with pushcarts from which foodstuff is sold. The mat shall be placed flush with the pushcart beneath the food preparation area in such a manner to prevent any foodstuff or grease spillage.

   (i)   Pushcarts shall have a clean appearance at all times.

(Ord. 44-11. Passed 12-13-11.)