(a) All persons employed and/or entities operating as frozen dessert peddlers shall:
(1) Register with the City for a solicitor's permit and display the permit by wearing it at all times while peddling within the City;
(2) Be eighteen (18) years of age or older;
(3) Wear clean, washable outer garments or uniforms disclosing the name of the employer thereon;
(4) Maintain themselves in a clean and personable condition and free from contagious disease;
(5) Possess a valid Ohio driver's license if operating a motor vehicle;
(6) Quarterly file a revenue report with the City of Brunswick Finance Department for any income generated in the City. Reports must be filed within thirty (30) days of quarter end;
(7) Maintain all necessary food services licenses as required by law; and
(8) Comply with all food service and/or health guidelines as required by law.
(b) No person shall sell frozen desserts within the City who has been convicted of or pled guilty of 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 ten (10) years after conviction or guilty plea;
(4) Unlawful possession of weapons within ten (10) years after conviction or guilty plea;
(5) Any felony drug abuse or trafficking in drugs within ten (10) years after conviction or guilty plea;
(6) Any homicide offense in Ohio Revised Code Chapter 2903 or any substantially similar homicide offense under any municipal or state law; and
(7) Any other felony within ten (10) years after conviction or guilty plea.
(8) A B.C.I. and F.B.I. Webcheck must be completed through the Medina County Sheriff's Office and provided with the application.
(c) All vehicles used for the peddling of frozen desserts shall:
(1) Be clearly marked with the company name and phone number on both sides in letters at least four inches high;
(2) Carry a minimum of three hundred thousand dollars ($300,000) bodily injury and property damage insurance. A copy of this insurance coverage policy must be filed with the original application to the City.
(3) Be safety inspected annually with certification by a mechanic that the vehicle is in safe operating condition. A copy of this inspection must be filed with the City Manager's office.
(4) Be issued an annual "Food Service Mobile License" by the Medina County Department of Health. A copy of this license must be filed with the City Manager's office.
(5) Any violations or complaints will be reviewed and investigated by the Division of Police.
(d) Frozen dessert peddling is permitted each day between noon and 8:30 p.m. or dusk, whichever comes first.
(e) Music on frozen dessert vehicles must not be audible in excess of fifty (50) feet from the vehicle and must be turned off while the vehicle is stopped for sales.
(Ord. 47-2020. Passed 9-14-20.)
(f) No peddler of frozen desserts shall sell, attempt to sell or offer for sale any wares:
(1) Within 100 feet of any street intersection.
(2) Within 1,000 feet of any school premises, day care center, playground, church or place of worship during regular hours of operation unless these entities or facilities request the service.
(g) The following actions, without limitation, by a peddler of frozen desserts are hereby declared to be nuisances and are prohibited in the City:
(1) The frequent and repeated canvassing in any area or upon any street by representatives of the same organization.
(2) Failure to keep and maintain the vehicles and containers used for the sale of frozen desserts in a clean and sanitary condition.
(3) The sale of frozen desserts by a peddler with a communicable disease. (Ord. 47-2020. Passed 9-14-20.)
(4) Failure to maintain adequate provisions for the safety of children, including failure to provide for safe street crossings and to maintain a safe environment.
(5) Any other violation of this Section or this Chapter.
(h) All licenses issued hereunder to frozen dessert peddlers shall be valid for the entire calendar year in which same was issued.
(Ord. 51-2021. Passed 5-10-21.)