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(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)
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)
(a) No foods containing industrially-produced trans fat, as defined in this section, shall be stored, distributed, held for service, used in preparation of any menu item or served in any food shop, as defined in division (a) of Section 241.03 of this code or successor provision, except food that is being served directly to patrons in a manufacturer’s original sealed package.
(b) For purposes of this section, a food shall be deemed to contain industrially-produced trans fat if the food is labeled as containing, lists as an ingredient, or has vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil. However, a food whose nutrition facts label or other documentation from the manufacturer notes the trans fat content of the food is zero (0) grams as labeled then it shall not be deemed to contain industrially-produced trans fat.
(c) Food shops shall maintain on site the original labels identifying the trans fat content or an affidavit provided the food supplier identifying the trans fat content of the food products supplied, or other approved alternative documentation for all food products:
(l) That are, or that contain, fats, oils or shortenings;
(2) That are, when purchased by such food shops, required by applicable federal and state law to have labels; and
(3) That are currently being stored, distributed, held for service, used in preparation of any menu items, or served by the food service establishment.
Documentation Instead of Labels. Documentation acceptable to the Director and based upon information. Documentation acceptable to the Director, from the manufacturers of such food products, indicating whether the food products contain vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, or indicating trans fat content, may be maintained instead of original labels.
Documentation required when food products are not labeled. If baked goods, or other food products restricted pursuant to division (a) of this section, that are or that contain fats, oils or shortenings, are not required to be labeled when purchased, food shops shall obtain and maintain documentation acceptable to the Director and based upon information, from the manufacturers of the food products, indicating whether the food products contain vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, or indicating trans fat content.
(d) The Director of Public Health may make rules and regulations to secure proper enforcement of this section.
(e) Whoever violates this section is liable to the City of Cleveland for a civil offense and shall receive a warning on the first offense; on the second offense, shall be fined one hundred fifty dollars ($150.00); on a third offense shall be fined two hundred fifty dollars ($250.00); and beginning with the fourth offense, shall be fined three hundred fifty dollars ($350.00) and each day a violation occurs shall be a separate offense. Any person charged with the commission of a civil offense under this section may appeal to the Director of Public Health, or his or her designee. The appeal shall be taken not later than twenty (20) days from the date of the civil charge. Failure to file an appeal or pay the costs imposed within this time period shall constitute a waiver of the right to contest the charge and shall be considered an admission.
(f) This section shall take effect on January 1, 2013 with respect to oils, shortenings and margarines containing industrially-produced trans fat that are used for frying or in spreads; except that the effective date of this section with regard to oils or shortenings used for deep frying of yeast dough or cake batter, and all other foods containing industrially-produced trans fat, shall be July 1, 2013.
(Ord. No. 1233-15. Passed 11-9-15, eff. 11-11-15)
(a) Definitions.
(1) "Food service operation" has the same meaning as in RC 3717.01.
(2) "Children's meal" means a combination of food items and a beverage that is prepared by and offered for purchase at a food service operation as a unit at a single price and is primarily intended for consumption by children.
(b) Beverage Limitation. No food service operation shall offer a children's meal that includes a beverage unless the beverage is:
(1) water, sparkling water, or flavored water, with no added natural or artificial sweeteners; or
(2) nonfat or one (1) percent milk or a non-dairy milk alternative containing no more than one hundred fifty (150) calories per container or serving as offered for sale; or
(3) One hundred percent (100%) fruit juice or fruit juice combined with water or carbonated water, with no added sweeteners, in a serving size of no more than eight (8) ounces.
(c) Exception. Upon customer's request, a food service operation may sell, and a customer may purchase, a substitute or alternative beverage instead of the beverages offered pursuant to division (b) of this section.
(d) Educational Material. The Director of Public Health or a designee shall make available educational material regarding the nutritional and health reasons to limit a child's consumption of sugared beverages.
(e) Civil Penalty.
(1) Any food service operation offering a children's meal that includes a beverage but that fails to limit the beverages offered in violation of division (b) of this section shall be given a warning on its first offense, and shall be charged a civil penalty of twenty-five dollars ($25.00) for the second offense and fifty dollars ($50.00) for a third and any subsequent offense. The Director of Public Health or a designee is authorized to charge and collect the civil penalties under this section.
(2) Any food service operation charged with a violation of division (b) of this section may appeal in writing to the Director of Public Health or designee within ten (10) days from the date of the civil charge. The Director shall have jurisdiction to affirm, reverse, or modify the decision and shall do so within thirty (30) days of the date of the appeal. A person aggrieved by a final decision of the Director may further appeal to the Board of Zoning Appeals within thirty (30) days after the Director's decision. Failure to file an appeal or pay the fines imposed within this time period shall constitute a waiver of the right to contest the charge and shall be considered an admission.
(3) The offering, by a food service operation on its written or posted menu, of a children's meal with the beverage limitation set forth in division (b) is prima facie evidence of compliance with this chapter.
(Ord. No. 524-2020. Passed 7-29-20, eff. 1-29-21)
(a) Whoever violates Section 241.05 is guilty of a misdemeanor of the first degree. Each day the violation continues is a separate offense.
(1) In addition to any other method of enforcement provided for in this chapter, the above listed minor misdemeanors may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(2) If the offender persists in improper operations after reasonable warning or request to desist, improper operations is a misdemeanor of the first degree.
(c) Unless otherwise specified in this chapter, whoever violates any of the provisions of this chapter, or of any ordinance amending or supplementing such provisions, shall be guilty of a first degree misdemeanor and fined no more than one thousand dollars ($1,000.00) or imprisoned for not more than six (6) months, or both. Each day the violation continues is a separate offense.
(Ord. No. 507-15. Passed 7-22-15, eff. 7-27-15)