(a) No vendor shall sell frozen desserts within the City who has been convicted of or pled guilty of any of the following criminal offenses:
(1) Any offense involving a minor;
(2) Any sexually-oriented offense, including, but not limited to, corruption of a minor, sexual imposition, importuning, voyeurism, public indecency, procuring, soliciting, prostitution, loitering for the purpose of engaging in prostitution, disseminating material harmful to juveniles, deception to obtain material harmful to juveniles, possession of obscene material involving a minor, possession of sexually-oriented material involving a minor, possession of nudity-oriented material involving a minor, and displaying matter harmful to juveniles;
(3) Any assault within ten (10) years after conviction or guilty plea;
(4) Unlawful possession of weapons within ten (10) years after conviction or guilty plea;
(5) Any felony drug abuse or trafficking in drugs within ten (10) years after conviction or guilty plea; and
(6) Any homicide offense in Ohio Revised Code Chapter 2903 or any substantially similar homicide offense under any municipal or state law.
(b) Any applicant for a license or permit under this chapter to sell frozen desserts shall list on the application their name, address, date of birth, and social security number, and shall provide an affidavit that the applicant has not been convicted of or pled guilty to any of the criminal offenses listed in subdivision (a). Any employer applying for a permit to sell frozen desserts shall list the name, address, date of birth, and social security number of each employee or person who will be selling such frozen desserts.
(c) The Chief of Police shall refuse to grant a license or permit under this Chapter to sell frozen desserts, or shall revoke a license or permit under this Chapter to sell frozen desserts, for any one or more of the following reasons:
(1) The applicant has been convicted of or pled guilty to any criminal offense as listed in division (a);
(2) The applicant fails to provide the information required by division (a);
(3) The applicant makes or made a false statement in the license or permit application;
(4) The applicant fails to report a conviction that occurs during the license or permit period; or
(5) The applicant sells frozen desserts after 7:00 p.m.
(d) No person shall sell frozen desserts without posting the permit in a conspicuous location in each vehicle used to sell such frozen desserts.
(e) On every permit to sell frozen desserts, the Chief of Police shall list the name of each employee or individual authorized to sell frozen desserts on behalf of the applicant.
(Ord. 2006-207. Passed 10-16-06.)