CHAPTER 1161
Outdoor Food Sales
1161.01   Definitions.
1161.02   Temporary sidewalk occupancy permits.
1161.03   Application for permits; change of location.
1161.04   Permit fee and duration.
1161.05   Permitted locations.
1161.06   Permits.
1161.07   Permitted vending devices.
1161.08   Requirements and conditions of permit.
1161.09   Permit suspension and revocation.
1161.10   Regulations.
1161.11   Exception.
1161.99   Penalty.
   CROSS REFERENCES
   Placing harmful substance in food or confection - see GEN. OFF. 537.16
   Fruit sales - see B.R. & T. 787.06
   Baked goods - see H. & S. Ch. 1109
   Packaging of food - see H. & S. Ch. 1165
   Restaurants - see H. & S. Ch. 1169
1161.01 DEFINITIONS.
   When used in this Chapter:
   (a)   “Commissary” shall mean a catering establishment, restaurant or any other place in which food, containers or supplies are kept, handled, prepared, packaged or stored.
   (b)   “Permittee” shall mean the person who owns the vending device permitted to occupy a stationary location on a sidewalk.
   (c)   “Sidewalk” shall mean the paved portion between the property line and the curb line of a roadway.
   (d)   “Vending device” shall mean a container for the sale, display or transport of food products by a vendor, which has wheels and is capable of being moved by muscular power.
(Ord. 37-2011. Passed 4-4-11.)
1161.02 TEMPORARY SIDEWALK OCCUPANCY PERMITS.
   The Director of Public Service is hereby authorized to issue temporary sidewalk permits, revocable for good cause, authorizing the placement of vending devices at permitted sidewalk locations in U4 Neighborhood Retail and Service Zoning Districts, subject to the provisions of this Chapter.
   Vending devices may be located on private property only within a U4 Neighborhood Retail and Zoning District. Written approval must be received by the property owner and be readily available to the Director of Public Service.
(Ord. 37-2011. Passed 4-4-11.)
1161.03 APPLICATION FOR PERMITS; CHANGE OF LOCATION.
   (a)   Application for a permit shall be made to the Director of Public Service in a form deemed appropriate by the Director of Public Service. Such application shall include, but not be limited to, the following information:
      (1)   Name and address of the applicant;
      (2)   A description of the vending device to be located on the sidewalk;
      (3)   The Ohio license number of the vending device, if applicable;
      (4)   A signed statement that the applicant is the owner of the vending device;
      (5)   The type of food products to be sold;
      (6)   Evidence that all required health licenses have been obtained;
      (7)   Evidence that applicant has a valid vendor's or sales tax license;
      (8)   The location or alternative locations for which application for permit is made;
      (9)   A signed affidavit that the owner has an insurance policy currently in effect, and will maintain same during the entire permit period, covering the owner or any other person using the permitted vending device with the owner's consent for any claims or damages to property or injury to persons resulting from any activity carried on under the permit. Such insurance shall provide coverage of not less than twenty-five thousand dollars ($25,000) for any one incident and shall be combined single limit coverage from an insurance company duly licensed to transact such business in the State, and no deductible shall be allowed from this policy in an amount greater than one thousand dollars ($1,000.00).
   A separate application and permit shall be required for each vending device and location or alternative location.
   (b)   If a permittee seeks a change in location, the permittee shall advise the Director of Public Service, in writing, of the change in location. A permittee is allowed to occupy a temporary location for up to seven days and then shall advise the Director of Public Service, in writing, whether the permittee wishes to make it a permanent location. The permittee will not be required to pay a new fee if the former location is abandoned. A permittee may change a location up to four times a year.
(Ord. 37-2011. Passed 4-4-11.)
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