(a) Registration Required; Effective Period; Revocation. No peddler shall sell or offer for sale any ice cream, frozen dessert, soft drink, candy, sandwich, nuts, novelty confection or similar foodstuff, food, merchandise, or services on public rights of way within the City without first obtaining a registration from the City prior to engaging in such selling or offering for sale, such registration to be issued by the Service-Safety Director. Any registration issued hereunder shall be valid for a period of one year from the date of issue. Such registration may be revoked for failure of the registrant, or his agents or employees to comply with the terms of this chapter.
(b) Conditions of Registration; Fee. The registration provided in this Section 751.06 shall be issued by the Service-Safety Director upon payment of a fee of twenty-five dollars ($25.00) and upon compliance with the following conditions:
(1) The applicant shall submit to the City evidence of insurance providing coverage for property damage and bodily injury occasioned by the registrant, his/her agents or employees, the limits of such coverage to be not less than one million dollars ($1,000,000) combined single limit coverage (property damage and bodily injury).
(2) The application shall contain a schedule of vehicles to be used by the applicant, and the applicant shall submit evidence that each person required to be licensed to operate such vehicles under the laws of the State has a valid Ohio operator’s or chauffeur’s license as required by law.
(3) Each operator shall provide evidence that a valid food handler’s permit has been issued by the Fairfield County Department of Health to the operator and his/her agents and employees.
(4) The applicant shall be the owner.
(5) Street peddlers requesting registration desiring access to City water and electricity shall comply with additional administrative regulations adopted by the Service-Safety Director. Any additional fee and utility charges may be assessed.
(6) The Service-Safety Director shall establish Administrative Rules and Regulations and fees as necessary.
(c) Hours of Sale. Street peddlers or their agents or employees, subject to the provisions of this Section 751.06 shall operate only from 9:00 a.m. to 8:00 p.m.
(d) Location of Sales. The Service-Safety Director maintains management and oversight of the public rights of way and reserves the right to deny a street peddler’s request for a location due to health, safety or welfare concern.
(e) Stopping Vehicle for Sales. Solicitors, peddlers and street peddlers, or their agents or employees shall transact business only when the vehicle is stopped at the curbing or, if there is not curbing, when the vehicle is stopped at the right edge of the paved part of the right of way.
(f) Street Vendors Serving Fairs and Festivals.
(1) In order to provide for the health and safety of persons attending a fair or festival authorized by the City, the Service-Safety Director shall designate those streets, highways and public rights of way adjacent to, or in the area of, a fair or festival which shall not be used for the purpose of the sale of foodstuffs pursuant to the registration issued under the terms of this chapter or for the purpose of the sale of goods, merchandise or property of any kind and under terms of the right of way permit.
(2) The Service-Safety Director shall approve the layout of the festival and number of approved street peddlers at the time the right-of-way permit is drawn by the festival. The Service-Safety Director shall establish administrative rules governing said use of right of way for fairs and festivals.
(3) Any person, firm, corporation, group or agency which has secured a permit for the purpose of sponsoring a fair or festival may promulgate its own rules, regulations and fees to oversee its function in addition to those established by the Service-Safety Director, as long as said rules are consistent with those established by the Service-Safety Director.
(g) Registration Revocation. Any registration issued hereunder shall be revoked by the Service-Safety Director if the holder thereof is convicted of a violation of any of the provisions of this chapter, or has made a false material statement in the registration application.
(h) Nontransferable. Once issued, a registration may be used in conformity with the laws of the City and the State of Ohio and may not be assigned or transferred.
(Ord. 34-07. Passed 6-25-07.)