746.01. Definitions.
For purposes of this Chapter, the following words shall have the meanings respectively ascribed to them, unless a different meaning is clearly indicated by the context.
(a) Mobile Food Vending. The selling or offering to sell beverages and/or ready-to-eat food which has been cooked, wrapped, packaged, processed, or portioned for service, sale, or distribution from a commercially manufactured, motorized or otherwise mobile vehicle, truck, or cart that is readily movable.
(b) Mobile Food Vending Unit. A commercially manufactured, motorized or otherwise mobile vehicle that is readily movable, and from which beverages and/or ready-to-eat food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution.
(c) Mobile Food Vendor. Any person who sells or offers for sale food or beverages from a Mobile Food Vending Unit in any public, private or restricted space.
(Ord. 141-19. Passed 4-2-19.)
(a) Mobile Food Vendors must submit an application on a form to be provided by the Mayor or his or her designee to the Department of Finance, Division of Taxation to operate any Mobile Food Vending Unit.
(1) Applications for registration of a Mobile Food Vending Unit shall contain the following:
i. A certificate of tax and public utility compliance on file with the City of Toledo Division of Taxation, and Division of Utilities Administration;
ii. A retail food establishment operation license issued under Chapter 3717 of the Ohio Revised Code.
iii. Proof of a current State of Ohio Vendor license pursuant to R.C. 5739.01 et seq.;
iv. Proof of general liability insurance in the amount of One Million Dollars ($1,000,000.00) for motorized trucks or trailers intended for Mobile Food Vending or Three Hundred Thousand Dollars ($300,000.00) for Pushcarts.
(2) The owner of a Mobile Food Vending Unit must obtain a certificate of registration for each unit owned and operated. A certificate of registration will be issued for display in each Mobile Food Vending Unit. Registrations issued under this section shall be valid for one (1) year from the date of issue.
(3) All registrations shall have an application fee of $50.00.
(4) Any person who has been denied a Mobile Food Vending certificate of registration by the Director of Finance may appeal as provided under Section 701.10 herein.
(b) Mobile Food Vendors may not operate in any manner that blocks, obstructs, or restricts the free passage of vehicles or pedestrians in the lawful use of the sidewalks or highways or ingress or egress to the abutting property. Mobile Food Vendors shall maintain a clear path of travel on the sidewalk pursuant to the Americans with Disabilities Act, as amended ("ADA") free of customer queuing, signage and/or all portions of the vehicle for clear movement of pedestrians.
(c) Mobile Food Vendors must keep the area within fifteen feet (15') of their Mobile Food Vending Unit free from all litter and debris arising from their operations, including the litter which arises from actions of customers in disposing of wrapping or packaging materials on food and/or merchandise sold by the vendor. Mobile Food Vendors not operating on a place-to-place basis as specified in Section 746.03 must provide receptacles for trash and litter, and recycling within fifteen feet (15') of their location during hours of operation. While operating, Mobile Food Vendors must maintain these receptacles in a manner that prevents waste from overflowing.
(d) Mobile Food Vendors shall be responsible for removing all waste generated by the internal operations of their unit. Such waste shall not be placed in public trash receptacles, city streets or drains, except those designated by the City for that use.
(e) Mobile Food Vendors shall not utilize the city's electrical outlets, unless specifically authorized by the city; such authorizations shall be provided on forms provided by the Mayor or his designees with fees and costs set pursuant to his reasonable discretion.
(f) Merchandise and/or food may not be displayed or sold to the operator or occupants of vehicles stopped in traffic.
(g) Mobile Food Vendors shall be considered a fixed source for noise and subject to the limitations specified in Section 507.14 of this code. This includes, but is not limited to the use of loudspeakers, bells and generators or other devices
(h) No Mobile Food Vendor shall sell or offer for sale any food or other products from a Mobile Food Vending Unit unless it is legally parked, or shall sell or offer for sale products other than in the direction of the curbside if operating from an open public street.
(i) Mobile Food Vendors must remain with their Mobile Food Vending Unit at all times that the Mobile Food Vending Unit is parked on an open public street.
(Ord. 141-19. Passed 4-2-19.)
(a) In addition to the requirements of Section 746.02, this section shall apply to Mobile Food Vending Units that are operated from place to place upon a street, alley, or road with the intent to vend on a short-term, temporary basis at each place.
(1) No Mobile Food Vendor of any such Mobile Food Vending Unit shall stop such vehicle for the purpose of selling or offering for sale at such vehicle any food products without having the following equipment mounted on the vehicle and in operation during the period of selling such products:
i. There shall be two warning lights. Each warning light shall be double-faced, yellow in color and not less than six inches in diameter. One light shall be mounted on the roof near the left center of the roof line and the other light shall be mounted on the roof near the right center of the roof line. When operating, the lights shall flash and be clearly visible from both the front and rear at a distance of at least 300 feet. The lights shall be operated when the motor vehicle is stopped for the purpose of selling or offering for sale any food products and at no other time.
ii. There shall be two warning signs. Each warning sign shall carry the legend "CHILDREN" on the top line and "PROCEED WITH CAUTION" on the bottom line in five inch, black, block letters on a yellow background. The signs shall be a minimum of fifty inches in length and the other located on the rear end of the vehicle. The signs shall not extend more than two feet above nor two feet below the top roof line of the vehicle. The signs shall be located transversely so as not to obstruct the two warning lights. The signs shall form a complete warning unit with the two warning lights that can be clearly visible by motorists who approach such vehicle from the front and rear.
(2) A Mobile Food Vendor operating in this manner may not use any loudspeaker, bell, or other device to emit an audible signal to advertise his or her products or the presence of the Mobile Food Vending Unit while the Mobile Food Vending Unit is in motion.
(3) No motorist, when approaching any such parked Mobile Food Vending Unit from any direction at a time when such vehicle has the yellow warning lights operating, shall fail to proceed with caution to pass such vehicle.
(Ord. 141-19. Passed 4-2-19.)
Whoever violates any provision of this chapter is guilty of a misdemeanor of the fourth degree. Each day that any person engages in selling any goods without the proper permit/privilege, as provided in this chapter, shall constitute a separate offense.
(Ord. 141-19. Passed 4-2-19.)