754.08 STREET SALES - GENERAL.
No person licensed as a street vendor shall demonstrate, sell or offer for sale or barter any
goods, wares, merchandise, food, confection or drink upon any highway or sidewalk or any other City-owned property within the City except in accordance with all of the following provisions:
(a) All street vendors must abide by all safety and health regulations as defined by the City of Hamilton Health Code, the City of Hamilton Fire Prevention Code, and the Ohio Fire Code. All food vendors must abide by all rules and regulations pertaining to the Ohio Uniform Food Safety Code Chapter 3717-1, Ohio Administrative Code Chapters 901:301-4-01 and the Ohio Revised Code Chapter 3717.
(b) No merchandise shall be displayed or sold to the occupants of vehicles stopped in traffic.
(c) No street vendor shall park or locate any motor vehicle, trailer, or motor-drawn vehicle on any sidewalk within the City.
(d) Each street vendor selling from a motor or animal-drawn vehicle must comply with all traffic regulations at the location the vehicle is parked or standing.
(e) No merchandise shall be displayed or sold at any sidewalk location where the right-of-way is less than twelve feet in width.
(f) No merchandise shall be displayed or sold within twenty feet from the point of intersection of the curblines (except alleys), crosswalks or bus stop or stairway leading to or from any overhead walkway.
(g) No merchandise shall be displayed or sold within ten feet of a fire hydrant, a standpipe, a sprinkler intake, a doorway or other access point to abutting property, or a sidewalk elevator.
(h) No merchandise shall be displayed, or sold at a location which hinders or restricts access to a telephone booth, mailbox, parking meter, fire alarm call box or traffic-control box.
(i) No merchandise shall be displayed or sold in a manner that blocks, obstructs or restricts the free passage of pedestrians or vehicles in the lawful use of the sidewalks or highways or ingress or egress to the abutting property.
(j) All merchandise shall be displayed or sold from portable stands or containers. Each street vendor shall remove all merchandise, packaging, paper, containers, display stands or tables, or other materials brought to the vending location at the termination of sales each day. No permanent stands or displays will be permitted.
(k) No street vendor's display stand, cart, container or other appurtenances, paraphernalia, merchandise, supplies or signage shall occupy more than fifty inches of lateral sidewalk width, nor more than seventy-two inches of longitudinal sidewalk area.
(l) Each street vendor during the period of selling shall keep the area within ten feet of the location where the street vendor sells or displays merchandise free from all litter and debris arising from the operations, including the litter which arises from actions of customers in disposing of wrapping or packaging materials on merchandise sold by the street vendor.
(m) No street vendor's display stand, cart, container, or other appurtenance or paraphernalia shall be set up along street plantings or street furniture.
(n) Street vendors shall at all times exercise reasonable care that their merchandise, packaging material, display equipment and other paraphernalia shall not create a safety or health hazard to customers or other persons using the public highways or sidewalks or to persons on or in abutting property.
(o) In the event a street vendor sells food, confectionery, or drink items, the street vendor shall be positioned at least 100 feet from the customer entrance of an existing restaurant during its hours of operation, unless the street vendor provides documentation that the restaurant owner supports a closer proximity.
Nothing herein shall be construed to prohibit the distribution of noncommercial handbills, cards, leaflets, other literature or the sale of newspapers and magazines on the sidewalks.
(Ord. 2016-4-25. Passed 4-13-16.)