(b) The permitted area of a stationary type vendor device shall consist of:
(1) The East Palestine Park and Village parking lots.
(2) On private commercial/industrial property with the written approval of the property or business owner and the required Village license.
(c) The Building and Zoning Officer shall determine the exact location where said device shall be located on a Village right-of-way or parking lot and said device shall not be relocated without permission.
(d) A stationary type vendor located on the sidewalk in a Village right-of-way shall not block the normal flow of pedestrian traffic and shall not be located on the roadway (street surface) unless specifically authorized, nor shall they be permitted to operate in a congested area where said operations might impede or inconvenience the public. For purposes of this chapter, the judgement of a police officer exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. In addition, a stationary type vendor shall not be located within fifty feet of an establishment whose business sells the same product as the stationary vendor.
(e) Permission may be granted to operate said devices within Village property under the direct control of the East Palestine Parks Department.
(f) In addition, vendors located on public or private property during any major community event shall be required to obtain a "spot" type license for said event from the sponsoring organization. Stationary and mobile vendors who only participate by obtaining a "spot" at a major community event are exempt from the requirements of this chapter with the exception of income tax (R.I.T.A,) and Health Department requirements. Said vendors shall be in compliance with all requirements established by the sponsoring organization including the payment of fees to the sponsoring organization.
(g) Each vendor device shall constitute a separate license.
(h) Once obtained, a vendor license shall be issued by the Village of East Palestine Building and Zoning Office and said license shall be displayed on each device.
(i) For the sale of food products, a current Health Department Certificate, in accordance with the Ohio Health Department Regulations shall be displayed on each device.
(j) All advertising signs shall only be attached to the device and shall not extend beyond the device.
(k) Each stationary type vendor device shall be self-contained and shall not be connected to an exterior/outside source of power/water unless the stationary vendor has obtained a "spot" license for a major community event where exterior/outside electrical power/water is provided.
(l) The hours for a stationary type vendor device shall not be before 9:00 a.m. and not after 9:00 p.m. and each device shall be removed from a Village right-of-way or parking lot/property at the close of business each day except those stationary vendors who have obtained a "spot" license for a major community event.
(m) Solicitor activity permitted under authority of this chapter shall not commence prior to 9:00 a.m. nor continue after 9:00 p.m., or dusk, whichever comes first. This time limitation shall be stated on the permit.
(n) No solicitor, nor any person on his/her behalf shall make unreasonable noise for the purpose of attracting attention to any goods, wares, or merchandise which the licensee proposes to sell. (See Section 648.12
of the City Code of Ordinances.) A stationary type vendor device shall not employ any sound amplifying device and shall not employ any parts or elements which revolve, rotate, whirl or spin to attract attention. Each device shall employ only light emitting a light of constant intensity. In addition, a lighting device shall not permit the beams to be directed upon a public thoroughfare so to cause glare or reflection that may constitute a traffic hazard.
(o) Vendors who only conduct business operations on property under the direction of the East Palestine Parks Department and/or at major community events as found in Section 832.01
(a) and (b) are exempt from license requirements and fees, except income tax (R.I.T.A.) and Health Department requirements.
(p) Vendors who are mobile and move about the streets using a motor vehicle to sell ice cream, popsicle, ice sherbet, other frozen desserts, soft drinks, candy, sandwiches, peanuts, popcorn shall comply with the following regulations:
(1) The operator/owner of each vehicle shall be required to have currently in-force commercial general liability insurance consisting of three hundred thousand dollars ($300,000) each occurrence combined single limit for bodily injury and property damage liability and list the Village of East Palestine a certificate holder. In addition, the owner/operator shall have a currently in-force general vehicle insurance and valid operator's license for any operator.
(2) Day or night, yellow warning lights shall be operated continuously when the vendor is stopped for sales and when the vehicle has slowed down to five miles per hour or less for selling. Lights must be off when traveling to and from route.
(3) Vendors shall display the Village license on the window being used for sales.
(4) No riders except those who are employees of the vendor shall be allowed.
(5) Sales shall only be conducted from the right side of the vehicle. Vendors shall not sell to customers unless they stay on the curb lawn or berm. In no case shall the vehicle pull to the wrong side of the street to service customers. Vendors must make sure that all children/customers are away from the vehicle before driving away. Vendors shall act to protect children/customers at all times especially from oncoming traffic.
(6) Vendors shall refrain from allowing boxes and papers to fall upon the public right-of-way and shall pick up any papers deposited in the immediate area of sale by their customers.
(7) Vendor hours shall not be before 9:00 a.m. and not after 9:00 p.m., or dusk, whichever comes first.
(Ord. 23-2022. Passed 12-28-22.)