(a) Permit and License Required.
(1) Health License or Permit.
A. No Person shall engage in the business of operating one or more mobile food service operations as defined in Section 722.01 within the City of Marietta whether on public or private property, without first obtaining a license in the health district in which the applicant's business headquarters are located, or, if the business headquarters of the applicant are located outside this state, then the applicant must obtain a permit or license from the Board of Health as defined in Section 722.01(d) to operate said business, in the manner provided by law.
(2) City of Marietta Operating License.
A. In addition to obtaining a health license or permit:
1. No person shall engage in the business of operating one or more mobile food service operations as defined in Section 722.01 within the City of Marietta on public property without first obtaining an operating license from the City of Marietta.
(Ord. 337(12-13). Passed 7-18-13.)
(Ord. 337(12-13). Passed 7-18-13.)
(b) Application. An applicant for permit and license under this subsection must file with the Mayor a sworn application in writing on a form to be furnished by the Mayor which gives the following information:
(1) Name of applicant, social security number and date of birth;
(2) Applicant’s home address and business address;
(3) Name of each employee, along with home address, social security number, and date of birth;
(4) The applicant shall submit the completed application along with the appropriate fee, proof of identification and a current BCI & I Web Check to the Office of the Mayor of the City Marietta, Ohio. (current is defined as BCI & I Web Check completed within 30 days prior to the date of the application submission);
(5) A description of applicant’s proposed vending operation including the nature of the business and the goods to be sold;
(6) If employed, the name and address of the employer;
(7) The time period within which the right to do business is desired;
(8) If requesting a license and permit for mobile food service operation, proof of licensing with the Board of Health and payment of fee, or statement of exemption;
(9) Proof of insurance up to $500,000 per occurrence to cover applicant and all employees. Applicant is under a duty to supplement his application upon the hiring of additional employees not listed in the original application.
(Ord. 93(16-17). Passed 6-16-16.)
(c) Investigation; Refusal of Issuance.
(1) Upon receipt of the application, the original application and a copy shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
(2) If, as a result of the investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on the application his disapproval and his reasons for the same, and return the application to the Mayor, who may notify the applicant that his application is disapproved and that no permit and license will be issued.
(3) If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, for the carrying on of the business applied for and return the application to the Mayor, who may, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. The license shall contain the signature and seal of the issuing officer and shall show the name, and address of the licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance, and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such mobile food service operation. The Mayor shall keep a permanent record of all licenses issued.
(d) Fees.
(1) The fees shall be:
A. For each person proposing to operate on foot $5.00 per week, $15.00 per month, or $100.00 per year.
B. For each person proposing to operate by using a handcart, or pushcart, $7.50 per week, $20.00 per month, or $100.00 per year.
C. For each person proposing to operate from a wagon, or motor vehicle conveyance, $10.00 per week, $25.00 per month, or $100.00 per year.
D. For any one subsection above, to-wit: A., B., or C.: An applicant is required to obtain only one license and pay only one license fee regardless of the number of operations he conducts covered by the subsection.
(2) For the purpose of this subsection any period of seven calendar days or less shall be considered one week; any period of more than seven calendar days and not more than 30 calendar days shall be considered one month; any period of more than 30 calendar days and not more than one calendar year shall be treated as a year. The annual fees herein provided for shall be assessed on a calendar year basis and on and after July 1 the amount of the fee for the annual license shall for the remainder of the year, be one-half the amount stipulated.
(e) Non-transferability of Licenses. All licenses issued for mobile food service vendors are nontransferable except as otherwise provided herein and may be used only by the applicant individual, stockholders, partners or other entities capable of taking title to whom the license was granted. Any change in stockholders, partners, or other entity capable of taking title is a transfer of ownership interest and voids the license, except as noted below. A license may be transferred one time as a result of the licensee's death to the holder's heirs and assigns provided the transferee intends to continue the business. If the business is to be sold or liquidated, the license is nontransferable at death.
(f) Use of Public Parks. No mobile food service operation shall have any exclusive right to any location in the public parks of the City of Marietta. Nor shall any vendor be permitted a stationary location, nor shall any vendor be permitted to operate in any congested area where their operations might impede traffic or inconvenience the public. For the purpose of this subsection, the reasonable judgment of a police officer, shall be deemed conclusive as to whether the area is congested, or that traffic is impeded, or the public is impeded or inconvenienced.
(Ord. 337(12-13). Passed 7-18-13.)
(1) Mobile Food Service Operators shall be permitted to vend food as defined in this chapter in the following public parks during the hours of operation as set forth in Section 949.03 of the Codified Ordinances of the City of Marietta, Ohio:
A. Gold Star Park. (Ord. 320(16-17). Passed 11-16-17.)
B. Indian Acres Park.
1. Indian Acres Park does not include the Marietta Aquatic Center for purposes of this section.
2. Indian Acres Park does not, for purposes of this section, include the Hadley Softball Complex. Special written permission to vend in the Hadley Softball Complex must be obtained from the Marietta Softball Association through the Marietta Public Facilities Department.
C. Buckeye Park.
1. Buckeye Park does not, for purposes of this section, include the Buckeye Park Softball Complex. Special written permission to vend in the Buckeye Softball Complex must be obtained from the Marietta Softball Association through the Marietta Public Facilities Department.
D. Jackson/Jaycee Park.
E. Flanders Field. To vend at Flanders Field, special written permission must be obtained from the Marietta Softball Association through the Marietta Public Facilities Department.
(2) Mobile Food Service Operators shall be permitted to vend foods in East Muskingum Park, West Muskingum Park and on the grounds of the Armory only during Street Fairs/Festivals and park events as defined in Section 945.01 of the Codified Ordinances of the City of Marietta, Ohio by special permit issued by the Director of Public Safety and Service. Hours of operation shall be from 8 a.m. to 11 p.m.
(g) Exhibition of License. A mobile food service operation is required to display its license in such a manner so as to be clearly visible. Upon request by any citizen, police officer, or Board of Health official a mobile food service operator shall present said license for further inspection.
(h) Enforcement. It shall be the duty of any police officer of the City to require any person seen operating a mobile food service operation, who is not known by the officer to be duly licensed, to produce his mobile food service operation license and to enforce this subsection against any person found to be violating the same.
(i) Revocation of License. Permits and licenses issued under this subsection may be revoked by the Mayor for any of the following reasons;
(1) Fraud, misrepresentation, or false statement contained in the application for license.
(2) Fraud, misrepresentation, or false statement made in the course of carrying on his business as a mobile food service operator.
(3) Any violation of this subsection.
(4) Conviction of any felony offense or misdemeanor offense involving moral turpitude.
(5) Conducting the business of mobile food service operation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
(j) Appeal. Any person aggrieved by the action of the Chief of Police or the Mayor in the denial of an application for permit or license as provided in Section 722.03(b), or in the decision with reference to the revocation of a license as provided in this section, shall have the right of appeal to the Council of the City of Marietta, Ohio. The appeal shall be taken by filing with the City Council within 14 days, with a written statement setting forth fully the grounds for the appeal. The City Council shall set a time and place for a hearing on the appeal, and notice of the hearing shall be given to the appellant. The decision and order of the City Council on the appeal shall be final.
(k) Expiration of License. All annual licenses issued under this subsection shall expire on December 31 of the year issued. A license for a term other than one year shall expire on the date specified in the license.
(Ord. 337(12-13). Passed 7-18-13.)