(b) The permitted area of a stationary type vendor device shall consist of:
(1) The west right-of-way of Ellsworth Avenue to the east right-of-way of Lincoln Avenue and the north right-of-way line of East Second Street to the south right-of-way line of Pershing Street. Included are city parking lots in this general area..
(2) On private commercial/industrial property with the written approval of the property or business owner and the required city license.
(c) The Director of Public Service and Safety shall determine the exact location where said device shall be located on a city right-of-way or parking lot and said device shall not be relocated with out permission.
(d) A stationary type vendor located on the sidewalk in a city right-of-way shall not block the normal flow of pedestrian traffic and shall not be located on the roadway (street surface) unless specifically authorized. In addition, a stationary type vendor shall not be located within fifty (50) feet of an establishment whose business sells the same product as the stationary vendor.
(e) Permission is not granted to operate said devices within city property under the direct control of the Salem Parks Department. In addition to these regulations, if applicable, a separate permit shall be obtained from the Salem Parks Department for operation within city property under direct control of said department.
(f) In addition, vendors located on public or private property during any Major Community Event shall be required to obtain a "spot" type license for said event from the sponsoring organization. Stationary and mobile vendors who only participate by obtaining a "spot" at a Major Community Event are exempt from the requirements of this chapter with the exception of Income Tax Department and Health Department Requirements. Said vendors shall be in compliance with all requirements established by the sponsoring organization including the payment of fees to the sponsoring organization.
(g) Each vendor device shall constitute a separate license.
(h) Once obtained, a vendor license shall be issued by the City of Salem Zoning Office and said license shall be displayed on each device.
(i) For the sale of food products, a current Health Department Certificate, in accordance with the Ohio Health Department Regulations shall be displayed on each device.
(j) All advertising signs shall only be attached to the device and shall not extend beyond the device.
(k) Each stationary type vendor device shall be self contained and shall not be connected to an exterior/outside source of power/water unless the stationary vendor has obtained a "spot" license for a Major Community Event where exterior/outside electrical power/water is provided.
(l) The hours for a stationary type vendor device shall not be before 9:00 a.m. and not after 9:00 p.m. and each device shall be removed from a city right-of-way or parking lot/property at the close of business each day except those stationary vendors who have obtained a "spot" license for a Major Community Event.
(m) A stationary type vendor device shall not employ any sound amplifying device and shall not employ any parts or elements which revolve, rotate, whirl or spin to attract attention. Each device shall employ only light emitting a light of constant intensity, and shall not be illuminated by or contain flashing, intermittent, rotating, or moving lights or signs. In addition, a lighting device shall not permit the beams to be directed upon a public thoroughfare so to cause glare or reflection that may constitute a traffic hazzard.
(n) Vendors who only conduct business operations on property under the direction of the Salem Parks Department and/or at Major Community Events as found in Section 729.02
(e), (f) are exempt from license requirements and fees, except Income Tax and Health Department requirements.
(o) Vendors who are mobile and move about the streets using a motor vehicle to sell ice cream, popsicle, ice sherbert, other frozen deserts, soft drinks, candy, sandwiches, peanuts, popcorn shall comply with the following regulations:
(1) Each vehicle shall first be inspected by the Salem City Police Department as to the mechanical safety as well as to the proper warning and safety lights
(2) The operator/owner of each vehicle shall be required to have currently in-force commercial general liability insurance consisting of three hundred thousand dollars ($300,000.00) each occurrence combined single limit for bodily injury and property damage liability and list the City of Salem a certificate holder. In addition, the owner/operator shall have a currently in-force general vehicle insurance and valid operator's license for any operator.
(3) Day or night, yellow warning lights shall be operated continuously when the vendor is stopped for sales and when the vehicle has slowed down to five miles per hour or less for selling. Lights must be off when traveling to and from route.
(4) Vendors shall display the city license on the window being used for sales.
(5) No riders except those who are employees of the vendor shall be allowed.
(6) Sales shall only be conducted from the right side of the vehicle. Vendors shall not sell to customers unless they stay on the curb lawn or berm. In no case shall the vehicle pull to the wrong side of the street to service customers. Vendors must make sure that all children/customers are away from the vehicle before driving away. Vendors shall act to protect children/customers at all times especially from oncoming traffic.
(7) Vendors shall refrain from allowing boxes and papers to fall upon the public right-of-way and shall pick up any papers deposited in the immediate area of sale by their customers.
(8) Vendors shall not travel through and/or stop within the property under the direct control of the Salem Parks Department unless given written approval by said Parks Department
(9) Vendor hours shall not be before 9:00 a.m. and not after 9:00 p.m., or dusk, whichever comes first.
(Ord. 120515-38. Passed 6-5-12.)