(a) For purposes of this section:
(1) "Merchandise" means goods or wares, and does not include food or beverages other than prepackaged frozen desserts commercially prepackaged foods and beverages contained in displays of less than two hundred (200) cubic feet.
(2) "Street" means street, alley, highway, roadway, or avenue.
(b) No vendor shall sell or display merchandise:
(1) To the occupants of vehicles stopped in traffic;
(2) From any vehicle, structure, or device that is situated in any portion of a street which is designed or ordinarily used for vehicular travel;
(3) At a location or in a manner that hinders or restricts access to a telephone booth, mail box, parking meter, police or fire call box, traffic control box, fire hydrant, or sidewalk elevator, or that blocks, obstructs, or restricts the free passage of pedestrians or vehicles in the lawful use of the sidewalks or streets; or
(4) From a vending device larger than twenty-two (22) feet in length and eight (8) feet in width.
(c) Unless the Director of Capital Projects makes a determination to the contrary, which determination is reflected in the location specified on a permit issued in accordance with this chapter, no vendor shall sell or display merchandise:
(1) At any location where the sidewalk is less than ten (10) feet in width;
(2) Within ten (10) feet of a crosswalk;
(3) Within that portion of a sidewalk bounded by the prolongation of each intersecting abutting property line to the respective curblines or within ten (10) feet thereof;
(4) Within twenty (20) feet of any doorway or the prolongation of any doorway width to the curbline;
(5) Within fifty (50) feet of another permitted location, provided however, that the distance between locations permitted pursuant to Section 675.06 shall be in accordance with the rules and regulations promulgated by the Director of Capital Projects under division (e) of Section 675.06; or
(6) Within twenty-five (25) feet of any restaurant doorway, or prolongation or extension thereof.
(d) No vendor shall display merchandise or place lines or other devices for the display of merchandise on any building or on any utility pole, planter, tree, trash container, or other sidewalk fixture.
(e) A vendor who has received a permit to vend upon private property shall not encroach into any street or sidewalk in any way.
(f) No vendor shall place any merchandise in or upon any street or sidewalk, and all vendors shall exercise reasonable care to ensure that their merchandise, packaging, display equipment or other paraphernalia does not create a health or safety hazard to customers, other users of the sidewalks and streets, or persons on abutting property.
(g) No vendor shall engage in vending door-to-door on residential property between the hours of 7:00 p.m. and 9:00 a.m.
(h) No vendor shall leave a vending device unattended at any time, leave a vending device on a sidewalk between the hours of midnight and 6:00 a.m., or conduct business on a sidewalk or from a vending device between those hours.
(i) A vendor who has received a permit to vend on public property shall 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.
(j) A vendor who is required to move continuously from place to place shall locate any vending device, equipment and merchandise adjacent and parallel to a curb when stopped for a sale.
(k) A vendor who has received a mobile vending permit shall abide by applicable state and local traffic laws and obey any lawful order of a police officer or traffic controller to move or relocate a vending device.
(l) No vendor shall make any loud or unreasonable noise for the purpose of advertising or drawing attention to merchandise or for any other purpose.
(m) All vendors shall comply with all requirements of applicable state and local law, including, without limitation, the City's Fire Prevention Code and State of Ohio Fire Code.
(n) No person shall vend pre-packaged frozen desserts within the City who has been convicted of or pled guilty to any of the following criminal offenses:
(1) Any offense involving a minor;
(2) Any sexually oriented offense, including, but not limited to, corruption of a minor, sexual imposition, importuning, voyeurism, public indecency, procuring, soliciting, prostitution, loitering for the purpose of engaging in prostitution, disseminating material harmful to juveniles, deception to obtain material harmful to juveniles, possession of obscene material involving a minor, possession of sexually oriented material involving a minor, possession of nudity-oriented material involving a minor, and displaying matter harmful to juveniles;
(3) Any assault within seven (7) years after service of sentence after conviction or guilty plea;
(4) Unlawful possession of weapons within five (5) years after conviction or guilty plea; and
(5) Any homicide offense in RC Chapter 2903 or any substantially similar homicide offense under any municipal or state law.
(o) Any applicant for a license or permit under this chapter to vend pre-packaged frozen desserts shall list on the application their name, address, date of birth, and social security number, and shall provide an affidavit stating that the applicant has not been convicted of or pled guilty to any of the criminal offenses listed in division (n) of this section. Any employer applying for a permit to vend pre-packaged frozen desserts shall list the name, address, date of birth, and social security number of each employee or person who will be vending pre-packaged frozen desserts.
(p) The Commissioner of Assessments and Licenses shall refuse to grant a license or permit under this chapter to vend pre-packaged frozen desserts or shall revoke a license or permit under this chapter to vend pre-packaged frozen desserts, for any one (1) or more of the following reasons:
(1) The applicant has been convicted of or pled guilty to any criminal offense involving a minor or any other criminal offense listed in division (n) of this section;
(2) The applicant fails to provide the information required by division (o) of this section;
(3) The applicant makes or made a false statement in the license or permit application; or
(4) The applicant fails to report a conviction that occurs during the license or permit period.
(q) No person shall vend pre-packaged frozen desserts without posting the permit in a conspicuous location in each vehicle used to vend pre-packaged frozen desserts.
(r) On every permit to vend pre-packaged frozen desserts, the Commissioner of Assessments and Licenses shall list the name of each employee or individual authorized to vend pre-packaged frozen desserts on behalf of the applicant.
(s) There shall be no vending of pre-packaged frozen desserts after 9:00 p.m.
(Ord. No. 1382-13. Passed 6-9-14, eff. 6-12-14)