(a) Vendors intending to engage in the sale of food, goods, wares or merchandise within the City of Loveland on public streets, public properties, public sidewalks, public parking lots or other places frequented by the public, or upon any public or private property as part of an approved special event as defined within the City of Loveland's Special Events Policy, shall apply to the City of Loveland Building and Zoning Department for a vendor permit, seeking authorization to conduct such activity in compliance with the provisions of this Chapter. Except as otherwise provided herein, the rules promulgated in this Chapter shall not apply to Mobile Food Vendors operating as a regulated Temporary Use entirely upon private property, as per Chapter 1165, Section 1165.20 of the Planning and Zoning Code for the City of Loveland, Ohio.
(b) Preapplication Meeting Required. Applicants seeking permits under this Chapter must contact the Building and Zoning Department for information prior to filing a permit seeking authorization to conduct activities as regulated herein.
(c) Background Investigation Required. A transient vendor or mobile food vendor engaging in activity as regulated by this Chapter shall complete an FBI/BCI Criminal Background Check prior to filing an application seeking authorization in accordance with this Chapter. The completed background investigation shall be furnished as part of the vendor's application. For any special event as defined by the City of Loveland Special Event Policy, a separate background investigation shall be required for each vendor seeking to operate during the approved special event or activity.
(1) A vendor seeking a permit pursuant to this Chapter shall be responsible for the payment of any fees associated with the background check prior to initiating an application.
(2) If the vendor is operating or participating as part of a special event as defined by the City of Loveland's Special Event Policy, the event organizer shall be responsible for ensuring that the required background check is completed and all applicable and related fees are paid for each participating vendor prior to filing an application seeking a permit pursuant to this Chapter.
(d) Application Requirements. Applicants seeking permits to operate as a transient vendor or mobile food vendor as regulated by this Chapter shall be required to file the following materials in person with the Building and Zoning Department:
(1) Application form as prescribed by the City Manager;
(2) Required Filing Fees as established by City Council;
(3) Completed FBI/BCI Criminal background check and report for review by the City of Loveland Police Department;
(4) Site Plan and Location Map demonstrating the location, approximate dimension, and arrangement of the vendor(s) for which the application seeks authorization;
(5) Written description of the proposed activities containing sufficient information to determine the nature of the business, type of foods, goods, wares, or merchandise proposed for sale;
(6) Sanitation Plan documenting that adequate facilities will be provided and maintained as to assure proper disposal of trash and other waste arising from the proposed use or patrons thereof;
(7) The proposed dates and times for which the activities will be conducted;
(8) Applicable licensing information and certificates of inspection from the Hamilton County Board of Health, State of Ohio, Fire Department, or any other federal, state, or local agency having regulatory authority over the proposed activities;
(9) Current Driver's License, State-Issued Photo Identification, or other similarly identifiable information documenting the identity of the party or parties for which the permit is sought;
(10) Proof of a current, in-force Commercial Liability Insurance Policy, insuring the vendor's commercial activities and operation in the minimum amount of one million dollars ($1,000,000) per occurrence/three million dollars ($3,000,000) aggregate, and subject to the following additional requirements:
A If the activity regulated by this Chapter is proposed to occur on or within any public street, roadway, right-of-way, or other publicly owned property, the applicant shall provide, in addition to proof of coverage, a Certificate naming the City of Loveland, Ohio, and its agents, assignees, or designees, as additional insured parties for the duration of the time for which a permit is sought and activities are to be conducted.
(11) Any other information as required at the discretion of the Zoning Administrator as to make a determination regarding the activities for which the permit is sought.
(e) Review Process. Upon receipt of an application seeking authorization to conduct activities as regulated by this Chapter, the Building and Zoning Department shall date stamp the application and shall review the materials submitted for completeness, accuracy, and conformance with the regulations promulgated herein.
(f) Approval Process. Once the Zoning Administrator has completed a review of the application materials; and has determined that the proposed transient vendor or mobile food vendor engaging in activity as regulated by this Chapter complies with the applicable provisions of this Chapter, the Zoning Administrator shall issue a permit to the applicant. Such permit shall contain the signature of the issuing officer and shall show the name and address of the permit holder, the kinds of foods, goods, wares, or merchandise to be sold thereunder, the approximate location or streets where the activities are authorized to occur, the amount of fee paid, the date of issuance, the length of the time the permit shall be operative, and the permit number. All vendor permits shall be nontransferable.
(g) Disclosure. A transient vendor or mobile food vendor seeking a permit to engage in any activity as regulated by this Chapter on public property or any public street or right-of-way shall disclose whether the applicant, or any operator engaging in the regulated activity, is a currently registered sex offender, or has been previously convicted of any felony offense.
(h) Supplementary Conditions and Safeguards. In granting any permit, the Zoning Administrator may prescribe appropriate conditions and safeguards to assure conformity with the intent of this Chapter, any other adopted City Ordinance or policy, or as required to protect public health and safety. Violation of such conditions and safeguards when made a part of the terms under which a permit is granted shall be deemed a violation of this Ordinance, punishable under Section 732.99 of this Chapter.
(i) Denial of Permit Request. If the Zoning Administrator determines, upon examining the application materials and the required supplemental filing information, that the proposed use will result in the proliferation of uses, practices, or conditions that pose a detriment to public health and safety, the Zoning Administrator may deny the permit request. A denial issued by the Zoning Administrator may be appealed to the City Manager, pursuant to Section 732.10 of this Chapter.
(j) Time Limitation for Approvals. Vendor permits issued under this section shall be valid for a designated number of visits or time period based upon the permit fee paid and the approval granted by the Zoning Administrator. When the period of validity of a permit issued hereunder has expired, the permit may be renewed for an additional term by updating and filing the application, associated application materials, and background investigation, and paying the permit fee.
(Ord. 2023-93. Passed 9-12-23.)