(a) Mobile Food Vendors.
(1) Permits and Fees.
A. No vendor of a mobile food vending shall sell, offer for sale or display food items from City streets, rights-of-way or property without first obtaining a permit from the City of Canton. Mobile Food Vendors must submit an application to the City License Bureau to operate any Mobile Food Vending Unit.
B. The owner of a Mobile Food Vending Unit must obtain a permit which will be valid and effective on a calendar year basis, one (1) year from the date of issue, shall expire on December 31 of each year and are not transferable from the date of issue.
1. Applications for permit of a Mobile Food Vending Unit shall contain the following:
• The vendor's name, address, phone number, email address and description of the items to be offered for sale;
• Tax identification number;
• Proof of City income tax filing number or exemption from the City of Canton;
• Proof that the vendor is current and compliant in the payment of any City of Canton taxes on payroll;
• A retail food establishment operation license issued under Chapter 3717 of the Ohio Revised Code;
• Proof of a current State of Ohio Vendor license pursuant to Ohio R.C. 5739.01 et seq.;
• Proof of license with the Board of Health of the health district in which the vendor is located; and,
• Proof of general liability insurance in the amount of One million dollars ($1,000,000.00) for motorized trucks or trailers intended for Mobile Food Vending or three hundred thousand dollars ($300,000.00) for Pushcarts.
2. Mobile Food Vendors desiring to conduct business outside the downtown area designated as the Downtown Canton Special Improvement District (SID) shall pay an annual permit fee to the City in the amount of two hundred fifty dollars ($250.00) per Mobile Food Vending Unit (food truck).
3. The permit fee for a mobile food service operation and/or food truck park, operating as an extension of a retail food establishment or food service operation within the City shall pay an annual application fee of two hundred fifty dollars ($250.00).
C. Mobile food vending is permitted within all zoning districts with the exception for Residential Zoning Districts R1 - R5 where mobile food vending shall not permitted.
D. A permit is not required for a vendor participating in a City-sanctioned special event or designated community event co-sponsored by the Downtown Canton Special Improvement District (SID), the Pro Football Hall of Fame Museum, Visit Canton, Arts in Stark, the Canton Regional Chamber of Commerce and/or the city of Canton; however, notification to the Safety Director of vendor participation shall be made.
E. Mobile food vending within the City streets or rights-of-way within the B5 Central Business Zoning District designated as the Downtown Canton Special Improvement District (SID) shall only be permitted:
1. In conjunction with a designated City-sanctioned or community special event within pre-approved areas;
2. Central Plaza;
3. Centennial Plaza - along 4th Street NW between Market Avenue N and Cleveland Avenue NW; and,
4. Centennial Plaza - along 3rd Street NW between Market Avenue N and Cleveland Avenue NW.
F. Mobile food venders within the SID shall additionally be limited to no more than:
1. Two vendors locating in Central Plaza North;
2. Two vendors locating in Central Plaza South;
3. Six vendors located adjacent to Centennial Plaza on 4th Street NW between Market Avenue N and Cleveland Avenue NW; and,
4. Six vendors located adjacent to Centennial Plaza on 3rd Street NW between Market Avenue N and Cleveland Avenue NW.
G, Mobile food venders within the SID shall not be permitted to park a mobile food vending unit on the fountain areas of Central Plaza (North or South) or within the plaza area and/or event lawn of Centennial plaza.
(2) General Operational Standards and Restrictions.
A. Mobile Food Vendors may not operate in any manner that blocks, obstructs, or restricts the free passage of vehicles or pedestrians in the lawful use of the sidewalks or highways or ingress or egress to the abutting property. Mobile Food Vendors shall maintain a clear path of travel on the sidewalk pursuant to the Americans with Disabilities Act, as amended ("ADA") free of customer queuing, signage and/or all portions of the vehicle for clear movement of pedestrians.
B. Mobile Food Vendors shall comply with all state and local traffic laws and comply with any and all zoning regulations.
C. Mobile Food Vendors may not operate in front of a private residence or a vacant lot.
D. If operating on private property, maintain documentation of the mobile food vendor's property ownership, or if the mobile food vendor is not the owner of the property, documentation signed by the owner of the property of the mobile food vendor's permission to operate on said property.
E. Mobile Food vendors, unless during a designated special event, and/or expressly permitted, shall not operate a mobile food unit on public property in the following locations:
1. On a public sidewalk;
2. Within fifty (50) feet of a property occupied by a residence, excluding residences with ground floor retail space and excluding residences located on the opposite side of a public street;
3. Within ten (10) feet of a curb cut, fire hydrant, transit stop, mail box, building entrance, fire exit or escape and/or a police or fire call box;
4. Within two hundred (200) feet of the parcel containing a food service business operating from a fixed and permanent location, during operating hours of such business;
5. Within twenty-five (25) feet of a parcel containing a food service business operating from a fixed and permanent location during an authorized, designated special event;
6. Within fifty (50) feet of the property of a gas station;
7. Within one thousand (1,000) feet of any school property between 8:00 a.m. and 4:00 p.m.; or
8. Within five (5) feet of another mobile food unit.
(3) General Regulations.
A. Mobile Food Vendors may only operate between the hours of 8:00 a.m. and 11:00 p.m.
B. Mobile Food Vendors shall obey any lawful order by police to remove themselves or vending unit to avoid congestion or obstruction during an emergency.
C. Mobile Food Vendors must keep the area within fifteen (15) feet of their Mobile Food Vending Unit free from all litter and debris arising from their operations, including the litter which arises from actions of customers in disposing of wrapping or packaging materials on food and/or merchandise sold by the vendor. Mobile Food Vendors not operating on a short-term, place-to-place basis as specified in Section 1148.12 (b) must provide receptacles for trash and litter, and recycling within fifteen (15) feet of their location during hours of operation. While operating, Mobile Food Vendors must maintain these receptacles in a manner that prevents waste from overflowing.
D. Mobile Food Vendors shall be considered a fixed source for noise and subject to the limitations specified in Section 509.04 Noise-making and noise-amplifying devices and 509.05 Excessive vehicular sound system amplification of the Codified Ordinances of Canton. This includes, but is not limited to the use of loudspeakers, bells and generators or other devices.
E. Mobile Food Vendors shall be responsible for removing all waste generated by the internal operations of their vending unit including all packaging, containers, grease, paper or other liter. Such waste shall not be placed in public trash receptacles, city streets or drains, except those designated by the City for that use.
F. Mobile Food Vendors shall park parallel to the curb and operate towards the sidewalk unless the street has been temporarily closed by the City for an approved event.
G. No Mobile Food Vendor shall sell or offer for sale any food or other products from a Mobile Food Vending Unit unless it is legally parked, or shall sell or offer for sale products other than in the direction of the curbside if operating from an open public street.
H. Merchandise and/or food may not be displayed or sold to the operator or occupants of vehicles stopped in traffic.
I. No food lines or other queuing devices are to be placed on any adjacent building or any utility pole, planter, tree or streetscape appurtenance.
J. Mobile Food vendors shall not place or affix any advertising material or signage to any location other than upon the vending unit being used in its operation.
K. Mobile Food Vendors shall not utilize the City's electrical outlets, unless specifically authorized by the city; such authorizations shall be provided on forms provided by the City of Canton with associated fees and costs.
L. Mobile Food vendors shall not operate any vending unit that does not comply with the Liquefied Petroleum Gas Code, NFPA 58, as promulgated by the National Fire Protection Association.
M. Mobile Food Vendors must remain with their Mobile Food Vending Unit at all times that the Mobile Food Vending Unit is parked on an open public street.
(b) Short-term, Place-to-place Mobile Food Vending Units - Ice Cream Trucks.
(1) In addition to the requirements of Section 1148.11(a), this section shall apply to Mobile Food Vending Units that are operated from place to place upon a street, alley, or road with the intent to vend on a short-term, temporary basis at each place; pursuant to Ohio R.C. Chapter 3717.
A. No Mobile Food Vendor of any such Mobile Food Vending Unit shall stop such vehicle for the purpose of selling or offering for sale at such vehicle any food products without having the following equipment mounted on the vehicle and in operation during the period of selling such products:
1. There shall be two (2) warning lights. Each warning light shall be double-faced, yellow in color and not less than six (6) inches in diameter. One light shall be mounted on the roof near the left center of the roof line and the other light shall be mounted on the roof near the right center of the roof line. When operating, the lights shall flash and be clearly visible from both the front and rear at a distance of at least 300 feet. The lights shall be operated when the motor vehicle is stopped for the purpose of selling or offering for sale any food products and at no other time.
2. There shall be two (2) warning signs. Each warning sign shall carry the legend "CHILDREN" on the top line and "PROCEED WITH CAUTION" on the bottom line in five (5) inch, black, block letters on a yellow background. The signs shall be a minimum of fifty (50) inches in length and the other located on the rear end of the vehicle. The signs shall not extend more than two (2) feet above nor two (2) feet below the top roof line of the vehicle. The signs shall be located transversely so as not to obstruct the two (2) warning lights. The signs shall form a complete warning unit with the two (2) warning lights that can be clearly visible by motorists who approach such vehicle from the front and rear.
B. A Mobile Food Vendor operating in this manner may not use any loudspeaker, bell, or other device to emit an audible signal to advertise his or her products or the presence of the Mobile Food Vending Unit while the Mobile Food Vending Unit is in motion.
C. No motorist, when approaching any such parked Mobile Food Vending Unit from any direction at a time when such vehicle has the yellow warning lights operating, shall fail to proceed with caution to pass such vehicle.
(c) Violations and Penalties.
(1) The City of Canton may suspend or revoke any permit granted under this section on the basis of a violation of this chapter.
(2) Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a fourth degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall be guilty of an unclassified misdemeanor and fined a mandatory fine of two hundred and fifty dollars ($250.00). Each day that any person engages in selling any goods without the proper permit/privilege, as provided in this chapter, shall constitute a separate offense.
(3) Nothing herein contained shall prevent the City of Canton from taking such other lawful action as is necessary to prevent or remedy any violation. The City of Canton shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(Ord. 114-2021. Passed 6-7-21.)