(a) Mobile Food Shops on Public Sidewalks Outside of the Central Business District. No vendor shall operate a mobile food shop on a public sidewalk outside of the Central Business District in the following locations:
(1) 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;
(2) Within ten (10) feet of a fire hydrant, bus stop, mail box, telephone booth, building entrance, sidewalk elevator, fire exit or escape, or a police or fire call box;
(3) In a location that restricts the free passage of pedestrians in the lawful use of the public sidewalks by leaving an unobstructed sidewalk area of less than six (6) feet or as otherwise determined by the City;
(4) Within fifty (50) feet of another mobile food shop on the public sidewalk, except if the other mobile food shop is located on the other side of a public street;
(5) Within one hundred (100) feet of a food service business operating from a fixed and permanent location existing at the time of license issuance or renewal, during the operating hours of such business;
(6) Within fifty (50) feet of the property of a gas station; or
(7) Within seven hundred fifty (750) feet of a special event or community event established pursuant to Chapter 131, except for a mobile food shop that has been authorized to participate such event.
(b) Mobile Food Shops on Public Sidewalks Inside of the Central Business District. No vendor shall operate a mobile food shop on a public sidewalk inside the Central Business District without a permit issued under Chapter 508. The location of mobile food shops on public sidewalks in the Central Business District shall be as regulated in Chapter 508.
(c) Mobile Food Shops on Public Streets. No vendor shall operate a mobile food shop located on a public street in the following locations:
(1) 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;
(2) In a location where on-street parking is prohibited;
(3) Within ten (10) feet of a driveway apron or crosswalk;
(4) Adjacent to a sidewalk area that is less than ten (10) feet wide from the curb to the closest property line;
(5) Within five (5) feet of another mobile food shop operating on a public street;
(6) Within one hundred (100) feet of a food service business operating from a fixed and permanent location existing at the time of license issuance or renewal, during the operating hours of such business;
(7) Within fifty (50) feet of the property of a gasoline station;
(8) Within seven hundred fifty (750) feet of a special event or community event established pursuant to Chapter 131, except for a mobile food shop that has been authorized to participate in the event; or
(9) Within fifty (50) feet of another mobile food shop operating on a sidewalk within the Central Business District in accordance with a permit under Chapter 508.
(d) Mobile Food Shops on Private Property. No vendor shall operate a mobile food shop located on a private property in the following locations:
(1) On a property located in a residential zoning district, except in the case of a property occupied by a school or church or other institutional use permitted in the residential district or a property occupied by a legal nonconforming commercial use;
(2) Within ten (10) feet of a property occupied by a residence;
(3) Within ten (10) feet of a driveway or driveway apron;
(4) Within ten (10) feet of a building entrance, fire exit or escape;
(5) Within five (5) feet of another mobile food shop;
(6) Closer than ten (10) feet from any public sidewalk, as measured from the sidewalk to the closest point on the mobile food shop, except that the mobile food shop may be located closer than ten (10) feet to a public sidewalk if the vending device is set back at least twenty (20) feet from the inside edge of the tree lawn or, if no tree lawn exists, at least twenty (20) feet from the outside edge of the curb;
(7) Within fifty (50) feet of the property of a gasoline station;
(8) Within seven hundred fifty (750) feet of a special event or community event established pursuant to Chapter 131, except for a mobile food shop that has been authorized to participate in the event;
(9) Encroaching into any public sidewalk or public street;
(10) In any location that will interfere with the safe movement of vehicles or pedestrians on the subject property; or
(11) On property not owned by the applicant without first obtaining written permission from the property owner and, in the case of property owned by the City of Cleveland, permission from the applicable City department.
(e) Mobile Food Shops in Organized Vending Zones. Notwithstanding the restrictions contained in divisions (a) through (d) of this section, the Director of Capital Projects, in consultation with the Director of City Planning and the City Councilmember(s) representing the ward(s) in which the organized vending zone(s) will be located, are authorized to establish organized vending zones, wherein the holders of a permit issued pursuant to Section 241.36 may operate on such days, at such times of day, and under the conditions that the Director determines.
(1) The zones shall be created by rule, taking into account the following factors:
A. Pedestrian and vehicular traffic patterns, including possible congestion during special events and sporting events;
B. Proximity to special events and sporting events;
C. Proximity to permanent food establishments; and
D. Other factors deemed relevant by the Director of Capital Projects.
(2) The rules establishing an organized mobile food shop vending zone shall first be published in the City Record with the effective date of the zone.
(4) Any organized vending zone may be dissolved in the same manner as it is created or by resolution of Council.
(5) The Director of Capital Projects may promulgate rules and regulations for the administration of this division. Such rules and regulations shall be published in the City Record and become effective seven (7) days after publication thereof.
(f) Mobile Food Shops Participating in Special Events. Notwithstanding the restrictions contained in divisions (a) through (e) of this section, no vendor shall operate a mobile food shop at the site of a special event or community event except in accordance with the regulations of Chapter 131.
(Ord. No. 435-13. Passed 5-20-13, eff. 5-23-13)