(a) Issuance.
(1) A Mobile Food Service Permit shall be issued upon full completion and review of the application required by this section, except that no Mobile Food Service Permit will be issued to:
A. An operator, or any person affiliated with the Operator for purposes of operating a mobile Food Vehicle that is the subject of a suspended Mobile Food Service Permit or has held a Mobile Food Service Permit revoked within the prior twelve (12) month period.
(b) Fees.
(1) Fees for a Mobile Food Service Permit shall be $75.00 per month or $375.00 per year.
(c) Expiration.
(1) A Mobile Food Service Permit expires on the date twelve (12) months after issuance and may be renewed provided that all City requirements are met and the license has not been suspended or revoked.
(d) Transferability.
(1) A Mobile Food Service Permit may not be transferred.
(e) Enforcement.
(1) Warning.
A. An officer of the Chillicothe Police Department may provide one (1) warning to any Operator for a violation of this section except that a citation shall be issued as set forth in the section.
(2) Citation.
A. An officer of the Chillicothe Police Department must issue a citation to the Mobile Food Service Operator for a second violation found to have occurred after a warning was issued within the previous six (6) months.
B. An officer of the Chillicothe Police Department must issue a citation to the Mobile Food Service Operator for any violation that constitutes ground for revocation of a Mobile Food Service Permit.
(3) Suspension.
A. A Mobile Food Service Permit shall be suspended until reinstatement upon issuance of a citation for any of the following reasons.
(i) A second violation of this section is found to have occurred after a warning has been issued within the previous six (6) months.
(ii) The required vehicle license, health permit, or business tax license for the Operator or the Mobile Food Service Vehicle has expired or been suspended, revoked, or otherwise terminated.
(iii) The Operator fails to obtain or maintain the insurance coverages required by this section.
(4) Revocation.
A. Permits may be revoked for any of the follow reasons.
(i) Fraud, misrepresentation, or false statements contained in the application for the license.
(ii) Fraud, misrepresentation, or false statement made in the course of carrying on the business as a Mobile Food Service Operator.
(iii) After two suspensions within a twelve (12) month period.
(iv) The Operator operates in an unlawful manner such a manner as to constitute a disturbance of the peace, interferes with the normal use of the right-of-way, or otherwise constitutes a menace to the health, safety, or general welfare of the public.
(5) Reinstatement.
A. Suspension. An Operator may instate a suspended Mobile Food Service Permit by payment of a fee of $500.00 to offset the City's cost of compliance measures, necessary inspections, and the correction of any circumstance that lead to the suspension.
B. Revocation. The City may allow an Operator to reapply for a Mobile Food Service Permit after twelve (12) months from the date of revocation. The Operator shall correct all circumstances that led to the violations, the Operator shall pay a fee in the amount of five hundred dollars ($500.00) to offset the City's costs of compliance measures, necessary inspections, and the circumstances that led to the suspension have been corrected.
(f) Notice of Denial, Suspension or Revocation.
(1) Upon denial, suspension or revocation of a Mobile Food Service Permit, the City shall give notice to the Operator in writing. There shall be no refund of any other fee paid to the City.
(g) Appeal.
(1) Citations may be appealed to the Mayor, whose decision, which will be based upon a written summation of the facts submitted by the office charged with Mobile Food Service Permit compliance (the Chillicothe Police Department), and the permit holder, is final.
(Ord. 103-18. Passed 12-10-18.)