Mobile Food Vendors shall meet the following requirements:
(a) The license is valid for one Mobile Food Vendor unit only.
(b) Mobile Food Vendor units shall not:
(1) Be in such a deteriorated physical condition as to adversely affect the character, appearance, image, or economic value of surrounding property.
(2) Exceed twenty-eight (28) feet in length, eight and one-half (8.5) feet in width, or ten (10) feet in height.
(3) Occupy parking spaces which result in a violation of the minimum parking requirements for the principal use or other permanent uses on the property.
(4) Remain attached to any vehicle used to haul the unit. Such hauling vehicle shall be detached from the unit and parked in a lawful parking space separate from the unit.
(5) Contain a drive-through.
(6) Substantially obstruct a public way, impair the movement of pedestrians or vehicles, or pose a hazard to public safety.
(c) Mobile Food Vendors may set up tables and chairs in the space immediately adjacent to the unit, provided the tables and chairs are placed:
(1) Only on a paved surface.
(2) In a location that does not block the entrance or exit of any building or access to bus stops, fire escapes, sidewalks, or utility equipment.
(3) In a location that is not less than five (5) feet from any alley, pedestrian crosswalk, driveway approach, curb ramp, or fire hydrant.
(4) Such that an open area of not less than four (4) feet is available for pedestrian traffic around the tables and chairs.
(5) Such that no other requirement of this chapter is violated.
(d) Adequate paved parking must be available immediately adjacent to the Mobile Food Vendor to ensure public safety of its patrons and the traveling public.
(e) Mobile Food Vendors shall not block, obstruct, or otherwise restrict free passage of vehicles or pedestrians in the lawful use of streets or sidewalks or ingress or egress to property, or obstruct required sight distance.
(f) Mobile Food Vendors shall provide proof of access to permanent restrooms with a hand sink for use by employees, as evidenced by written agreement between the vendor and the business or entity which will provide such access.
(g) Any power required for the Mobile Food Vendor unit shall not use utilities drawn from the public right-of-way. Electrical power from private property may be used when written consent is provided by the property owner. All other power sources must be self-contained, and no external generators shall be permitted. No power cable or equipment shall be extended across any public street, alley, or sidewalk.
(h) No Mobile Food Vendor shall use any outside sound amplifying equipment, music, or noisemakers such as bells, horns, or whistles.
(i) No outdoor storage of equipment shall be permitted.
(j) The Mobile Food Vendor shall maintain an area within a thirty (30) foot radius of the unit clear of all litter and debris arising from its operation, and shall remove all waste generated by the operation at the end of each business day, which shall not be placed in Municipality trash receptacles. No waste liquids, garbage, litter or refuse shall be dumped or drained into sidewalks, streets, gutters, drains, or any other place except one trash receptacle provided and serviced by the Mobile Food Vendor for customer use. All such containers shall be leak -proof and nonabsorbent and shall be kept covered with tight-fitting lids at all times.
(k) The Mobile Food Vendor shall provide a signed statement that the vendor will hold harmless the Municipality and its officers and employees, and shall indemnify the Municipality, its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the Mobile Food Vendor License. The Mobile Food Vendor shall furnish and maintain such public liability, food products liability, and property damage insurance as will protect the vendor, property owners, and the Municipality from all claims for damage to bodily injury, including death, which may arise from the operations under the Mobile Food Vendor License or in connection therewith. Such insurance shall be issued by an insurance company licensed to do business in the State of Ohio and shall provide coverage of not less than one million dollars ($1,000,000) per occurrence. The policy shall further provide that it may not be cancelled except upon thirty (30) days written notice served upon the Municipality Manager of the Municipality of Germantown. A Mobile Food Vendor License issued pursuant to the provisions of this Section shall be invalid at any time the insurance required herein is not maintained and evidence of continuing coverage is not filed with the Municipality Manager of the Municipality of Germantown.
(l) No Mobile Food Vendor License shall be issued until the Mobile Food Vendor provides a valid copy of all required licenses or permits required by governmental health or transportation authorities, including but not limited to the Public Health - Dayton & Montgomery County and the Bureau of Motor Vehicles.
(Ord. 12-39. Passed 10-1-12.)