§ 155.097  OPEN AIR VENDING.
   Within any commercial or industrial district, open air vending, as that term is herein defined, shall be allowed upon obtaining a certificate of occupancy for such vending from the Building Official.
   (A)   The Building Official shall issue such certificate of occupancy only if he finds:
      (1)   That such vending will not endanger the health, safety or general welfare of the public and specifically in this regard, that said vending will not unreasonably increase congestion upon the public roadways in and about said vending location so as to endanger the safety of drivers and pedestrians; and
      (2)   That the vendor applicant shall be in compliance with all ordinances and laws, including provisions within this chapter, applicable to retail commercial activity, and have obtained all other necessary permits.
      (3)   That the vendor applicant shall be in compliance with all conditions imposed by the Building Official upon said commercial activity necessary for the health, safety or general welfare of the public.
   (B)   For the purpose of this chapter, open air vending shall be defined as the sale of any merchandise or goods from a fixed location upon privately owned property not within any permanent building or structure designed for the sale of such goods. The term "open air vending" shall specifically include the sale of merchandise or goods from "stands", "stalls", and all other sales not within a permanent structure. The term "sale" is herein defined as the actual transfer of goods or merchandise. The term open air vending, however, shall not include activity of itinerant vendors who continuously move about from place to place, and who do not occupy any particular parcel of private property as a permanent or stationary place for the conduct of their business. This term does include seasonal vending operations such as "Snow Cones" and "Ice Cream" stands, etc.
   (C)   No open air vending shall be allowed to be located within any public right-of-way or city parks, or connected with public utilities unless specifically approved by the City Council.
   (D)   No open air vending shall be allowed to be located within any property zoned in a PR, A, Residential or OP District or within the required setbacks of any other zoning districts.
   (E)   No open air vending shall be allowed in or from an unenclosed space or area.
   (F)   Parked vehicles shall not be used as a base of operation for any open air vending.
(Ord. 671, passed 4-15-86)