(a) As used in this section, "Concession Stand" shall have the definition as set forth in Ontado Codified Ordinance Section 1133.02(37). This section shall not be applicable to Concession Stands operated as temporary outdoor amusements as defined in and operated pursuant to Chapter 731 of the Codified Ordinances of this City or to Concession Stands operated on property owned by the owner or operator of the Concession Stand.
(b) No Concession Stand will be allowed to operate in this City without a valid permit obtained from the Zoning Inspector.
(c) Permit Required.
(1) A Concession Stand can only receive one (1) permit per calendar year. Each permit issued pursuant to this section shall expire December 31 of the calendar year of issue. Each permit will be valid for thirty (30) days, consecutive or not, shall be valid for only that calendar year, and shall allow the Concession Stand to operate at the address or addresses listed on the permit prior to expiration. Should a Concession Stand operate in this City after the expiration of the permit or at an address not listed on the permit, this shall be a violation and the penalty shall be as set forth in subsection (e) below. Permit fees shall be determined by Ordinance. Concession Stand permits are not ìansferable to any other business, individual or organization.
(2) The owner or operator of the Concession Stand shall be required to give the Zoning Inspector the following information so that a permit can be issued:
A. The owner of the Concession Stand's name/DBA, address, phone number and email address.
B. The operator of the Concession Stand's name, address, and phone number if different than the owner.
C. The location and business hours that the Concession Stand will be operated for the purposes of selling goods, objects, apparel or food for direct sale to the general public.
D. Owner must have proof of liability insurance for the minimum amount of one hundred thousand dollars ($100,000) in order to operate in the City.
E. Vehicle/trailer information where applicable: Make, model, year, license plate number and color.
F. Should the Concession Stand operate at a different location within the City which is not listed on the permit, then within forty eight (48) hours of moving to that location, the owner or operator of the Concession Stancl shall give this new address to the Zoning Inspector who shall add that address to the permit.
G. Failure to give any of this information to the Zoning Inspector shall be a violation of this section which shall be penalized per subsection (e) below.
H. City sponsored events will require a Concession Stand permit, but the fee will be waived. City sponsored events will not contribute to the maximum allowed days for the Concession Stand permit.
I. Concession Stands operated by an organization organized as a not-for-profit pursuant to I.R.C. §501(c)(3) will require a Concession Stand permit, but the fee wil be waived.
(3) The Zoning Inspector shall issue the permit; to the owner and/or operator of the Concession Stand. Upon being given the permit, the owner and/or operator shall acknowledge on the permit that the owner/operator is aware that operating the Concession Stand in the City for more than thirty (30) days or after its expiration shall constitute a violation of this section.
(4) Within two (2) days after the expiration of the permit, the Concession Stand shall be required to cease operations and move from any premises listed on its permit until a new permit can be issued.
(5) Once issued, the permit is not transferrable to any other Concession Stand owner or operator.
(d) Other Requirements.
(1) Applicants must have permission of the property owners and must NOT operate in any residential districts.
(2) Must acquire all necessary permits/licenses from Richland County and the State of Ohio.
(3) Applicants are NOT entitled to City utilities.
(4) Each mobile unit is required to be inspected by the local fire department when necessary.
(5) Operators are required to dispose of all waste properly.
A. Provide a trash receptacle available to the public
B. Keep area clean and free of trash, grease and debris
C. Dumping in City property or sewers is prohibited
(6) Subject to occasional monitoring.
(7) Operation in designated handicap parking spots is prohibited.
(8) Occupying parking spots in such a way it violates the minimum parking spaces for that business is prohibited.
(9) Shall not operate closer than fifteen (15) feet to crosswalks, fire hydrants, ingress or egress locations, or store entrances.
(10) Shall not operate in any public right of way or on any public property.
(11) Common ownership is considered one lot.
(12) Shall only operate in Business and Industrial Districts.
(13) Shall not use amplified audio.
(14) Shall not display additional signage except for a menu board no larger than eight (8) square feet.
(e) Whoever violates this section shall be subject to the following penalties:
(1) A fine of one hundred dollars ($100.00) per day for each day the Concession Stand is operated in excess of the allowed thirty (30) days, without a valid permit, with an expired permit, or with an invalid permit, immediate revocation of the permit if still valid, and ineligibility of the Concession Stand, its owner, and its operator to receive a permit to operate in this City for five (5) years from the date of violation. The City may also seek an injunction or other court order to prevent the occurrence of the Concession Stand or to otherwise enforce the provisions of this section.
(f) This section also applies to a Concession Stand owned or operated by the same owner or operator but is operated under a different business name or operated by a family member of the Concession Stand owner or operator.
(g) Anything not covered in or in deviation of Section 1145.88 will be subject to the approval of Planning Commission.
(Ord. 22-02. Passed 1-19-22.)