Mobile food shops shall be operated in accordance with the regulations of this section and as otherwise provided by this code.
(a) Prohibitions. No mobile food shop vendor shall:
(1) Sell food items, display food items, or conduct vending operations to the occupants of vehicles stopped in traffic;
(2) Display food items or place lines or other devices for the display of food items on any building or on any utility pole, planter, tree, trash container, or other sidewalk fixture;
(3) Place any food items in or upon any street or sidewalk;
(4) Use liquefied petroleum gas, or other flammable substances, without a required permit pursuant to Section 385.18 or operate any vending device that does not comply with the Liquefied Petroleum Gas Code, NFPA 58, as promulgated by the National Fire Protection Association;
(5) Leave a vending device unattended at any time;
(6) Make any loud or unreasonable noise for the purpose of advertising or drawing attention to its food shop operations or for any other purpose;
(7) Conduct business without making available a container suitable for the placement of litter;
(8) Throw or deposit any merchandise, packaging, containers, fat, grease, paper or other litter on any streets or sidewalk or in any sewer;
(9) Place or affix any advertising material and signage to any location other than flat upon the vending device being used in its operations;
(10) Operate on a public sidewalk between the hours of 3:00 a.m. and 6:00 a.m.; or
(11) Place a vending unit on a public sidewalk if such vending unit is self-propelled or exceeds six (6) feet in length or four (4) feet in width.
(b) Requirements. All mobile food shop vendors shall:
(1) Obey any lawful order of a police officer to remove himself or herself and his or her vending device entirely from the sidewalk to avoid congestion or obstruction during an emergency;
(2) Comply with all requirements of applicable state and local law, including, without limitation, the City’s Fire Prevention Code, the State of Ohio Fire Code, and the City’s Traffic and Zoning Codes;
(3) If selling or offering frozen desserts, first be licensed as otherwise required by this Code in addition to the license and permits required by this chapter;
(4) If selling merchandise or non-food items, first obtain a license and permit pursuant to Chapter 675 in addition to the license and permits required by this chapter;
(5) Exercise reasonable care to ensure that their operations do not create a health or safety hazard to customers, other users of the sidewalks and streets, or persons on abutting property;
(6) If operating on private property, maintain documentation of the operator’s ownership, or if the operator is not the owner of the private property, notarized documentation, signed by the property owner, of the operator’s right to operate on the property;
(7) Maintain general liability insurance coverage in the amount of one hundred thousand dollars ($100,000.00), to protect against damage to property and/or persons resulting from the operation of the mobile food shop; and
(8) Operate with at least one (1) mobile food shop manager on duty. Every mobile food shop manager on duty must have on his or her person a photo identification badge issued by the Division of Assessments and Licenses.
A. Any person applying for an identification badge under this division shall furnish to the Commissioner of Assessments and Licenses a government issued identification as well as furnish two (2) photographs of the applicant taken within the thirty (30) day period before the date of application and of a size designated by the Commissioner.
B. The Division of Assessments and Licenses is authorized to charge a fee of sixty dollars ($60.00) for the issuance of such identification badge required by this division. In the event that person loses the laminated identification card issued pursuant to this division, the Commissioner shall issue a replacement identification card upon payment of a replacement fee of ten dollars ($10.00).
(c) Supplemental Rules. The Director of Capital Projects is authorized to promulgate additional rules and regulations necessary for the administration of this section. Such rules and regulations shall be published in the City Record and become effective seven (7) days after publication thereof.
(Ord. No. 1657-11. Passed 11-28-11, eff. 11-28-11)