759.06 FORM; CONTENTS.

   (a)   Permit shall be issued in a form so that they may be affixed to the vending device.

   (b)   Each permit shall contain the following information:

      (1)   The name and address of the permittee;

      (2)   A description of the vending device;

      (3)   A description of the permitted location;

      (4)   The expiration date of the permit; and

      (5)   If applicable, the location of the commissary which supplies the vending device; and any other information the Director deems desirable.

   (c)   Applicants who meet all of the above criteria and file an application shall be issued a permit on a first-come first-served basis.

   (d)   No individual or business may hold more than two permits.

(Ord. 93-081. Passed 5-4-93.)

759.07 PERMITTED VENDING DEVICES.

   The Bureau shall issue a permit to the applicant only if the applicant's vending device meets all of the requirements of this section.

   (a)   The vending device does not exceed four feet in width, including wheels; six feet in length, including tongue unless the tongue is capable of being folded up; or five feet in height, excluding canopies, umbrellas or transparent enclosures; the vending device occupies no more than twenty-four square feet of sidewalk space; and, if required, the Health Department has issued a license for the vending device.

   (b)   The vending device is not designed for cooking. Vending devices designed for warming food are permitted.

   (c)   If the vending device has a heating apparatus, the vending device shall have been inspected and approved by the Fire Chief or his designee for compliance with provisions of the Fire Prevention Code.

      (Ord. 93-081. Passed 5-4-93.)

759.08 REQUIREMENTS AND CONDITIONS OF PERMIT.

   (a)   Permittees and their agents shall comply with all of the requirements of this section while engaged in activity at permitted locations.

      (1)   Each vending device shall be attended at all times by at least one individual.

      (2)   The vending device shall be placed on the sidewalk only at the location set forth in the permit.

      (3)   No vending device shall remain in its permitted location between the hours of midnight and 6:00 a.m. and no activity shall be conducted from any permitted location between those hours.

      (4)   Permittees and their agents shall obey any lawful order of a police officer to remove their vending devices from the sidewalk if necessary to avoid congestion or obstruction in any emergency.

      (5)   Permittees or their agents selling food from vending devices required by state law to have a food service operation license shall be limited to serving non-potentially hazardous foods or commissary-wrapped food maintained at proper temperatures.

      (6)   Permittees or their agents selling food from vending devices required by state law to have a food service operation license shall operate only from a licensed commissary. Permittees shall cause their vending devices to be taken to the commissary daily for cleaning and servicing operations. Vending devices shall not be serviced or cleaned at residences or any other unapproved premises.

      (7)   Permittees and their agents shall be responsible for keeping the sidewalk and adjacent curb area within twenty-five feet of the permitted location free of litter. Permittees and their agents shall provide a suitable container for the placement of paper, wrappers and other similar items by customers and others.

      (8)   The permit shall be affixed to the vending device at all times that the vending device is located on the sidewalk.

      (9)   Permittees and their agents shall operate in compliance with the following:

         A.   No merchandise shall be displayed or sold to occupants of vehicles stopped in traffic.

         B.   No merchandise shall be displayed or sold at any location where the sidewalk or clear area is less than ten feet in width.

         C.   No merchandise shall be displayed on any utility pole, planter, tree, trash container or other sidewalk/street fixture, nor shall lines or other devices be placed or attached thereon.

         D.   No vending device shall be placed at a location which hinders or restricts access to a telephone booth, mail box, fire alarm call box, fire hydrant, traffic control box or bus stop.

         E.   No merchandise shall be displayed or sold in a manner that blocks or restricts the passage of pedestrians or vehicles in the lawful use of sidewalk or streets.

         F.   No vendor shall make any loud or unreasonable noise of any kind by vocalization or otherwise to advertise or attract attention to his merchandise.

      (10)   No permittee or agent thereof shall conduct business in violation of the provisions of any ordinance or regulations for a community event.

   (b)   Permits issued by the Director shall be subject to the following conditions:

      (1)   Each permit shall be personal only and shall not be transferrable in any manner.

      (2)   Each permit is valid only when used at the location designated in the permit.

      (3)   The permit as it applies to a given location may be suspended by Council or the Director for up to ten days during the holding of a community event.

         (Ord. 93-081. Passed 5-4-93.)

759.09 VENDORS ADVISORY COMMITTEE.

   There is hereby established a Vendors Advisory Committee of six members, consisting of one person appointed by the Downtown Growth Association, two persons appointed by Main Street Mansfield, one of whom shall be a local artist, a person from the Bureau appointed by the Superintendent thereof, a representative of the vendors to be selected by the Mayor, and the chairperson or designee of the Economic Development Committee of Council who shall be designated as the chairperson of the Advisory Committee. The Advisory Committee shall assist vendors under this chapter to resolve problems relating to sidewalk vending and it may make recommendations to Council for the amendment of this chapter.

(Ord. 93-081. Passed 5-4-93.)

759.10 PERMIT SUSPENSION AND REVOCATION.

   (a)   The Bureau may suspend or revoke the permit of any permittee if the permittee or his agent fails to abide by the provisions of this chapter or if any required health license has been suspended or revoked.

   (b)   The Bureau shall give written notice of suspension or revocation of the permit to the permittee or his agent stating the reasons therefor. If the reason for the suspension or revocation is that a required health license has been suspended or revoked or that the permittee does not have a currently effective insurance policy as required by this chapter, the action shall be effective upon giving such notice to the permittee or to his agent. Otherwise, such notice shall contain the further provision that the action shall become final and effective ten days thereafter unless, within five days of receipt of the notice, the permittee requests a hearing before the Bureau. The Bureau, within five days after receipt of a request, shall hold the hearing, at which time the permittee shall be afforded the opportunity to give his version of the facts which gave rise to the Bureau's action. The Bureau shall determine whether to proceed with the action or to rescind it and shall so notify the permittee in writing within five days after the hearing.

   The action of the Bureau may be appealed in accordance with the provisions of state law.

(Ord. 93-081. Passed 5-4-93.)

759.11 REGULATIONS.

   The Bureau may promulgate regulations, not inconsistent with the provisions of this chapter, establishing procedures for the issuance of permits.

(Ord. 93-081. Passed 5-4-93.)