852.01 Definitions.
852.02 Exceptions.
852.03 Permit and license required.
852.04 Application.
852.05 Fees for license and investigation.
852.06 Investigation and issuance.
852.07 License and permit transfer.
852.08 Noises and speaking devices.
852.09 Use of streets.
852.10 Exhibition of license.
852.11 Duty of police to enforce.
852.12 Records of violation.
852.13 Revocation; notice and hearing.
852.14 License Appeal Board.
852.15 Expiration of license.
852.16 Income tax.
852.17 Unlawful entry.
852.18 Severability.
852.19 Provisions for mobile food vendors.
852.99 Penalty.
CROSS REFERENCES
Power to inspect food products - see Ohio R.C. 715.46
Power to regulate - see Ohio R.C. 715.61 et seq.
Charitable solicitations - see Ohio R.C. Ch. 1716
Frozen desserts - see Ohio R.C. 3717.51 et seq.
Selling vehicle upon roadway prohibited – see TRAF. 452.09
Temporary outdoor sales - see B. R. & T. Ch. 872
As used in this chapter:
(a) “Canvasser” means any individual that engages in the noncommercial distribution of ideas, pamphlets, literature, and the like, or the collection of signatures or support for noncommercial purpose or cause.
(b) “City Manager” shall mean the City Manager of the City of Vandalia or his or her designee.
(c) “Ice cream truck” means a mobile food vendor which sells only ice cream, any pre-packaged, soft-serve or hand-dipped ice cream, frozen milk, frozen dairy or water-based food or confection products.
(d) “Mobile food vending license” means the annual license issued by the City to a vendor permitting operation of a mobile food vehicle within the City.
(e) “Mobile food vendor” means a person or entity engaged in the business of peddling, displaying, selling, offering for sale or bartering from manually propelled vehicles (including mobile cooker BBQ pits) or by motor or animal driven vehicles any food, food products, confection or beverages.
(f) “Peddler” means any person, whether a resident of the City or not, excluding a mobile food vendor, traveling either by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, including but not limited to wares, services, merchandise, meats, cheese, vegetables, fruits, garden truck, farm products or provisions, offering or exposing the same for sale or making sales and delivering articles to a purchaser, or who, without traveling from place to place, shall sell or offer for sale from a wagon, automotive vehicle or other conveyance.
(g) “Person” includes the singular and the plural and also means and includes any person, firm, corporation, limited liability company, entity, association, club, co-partnership, society or any other organization.
(h) “Solicitor” means any individual, taking or attempting to take orders for sale of goods, wares, and merchandise of any nature whatsoever for future delivery or for services to be furnished or performed in the future, and/or providing information about goods, wares, merchandise or services of a commercial nature, whether or not such person has, carries or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payment on such sales or not. The definitions in this division (h) and division (f) above, include any person who, for himself or herself for another person, hires, leases, uses or occupies any building, structure, room, tent, shop or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery.
(i) “Specified criminal act” means a felony or misdemeanor involving force, violence, fraud, theft, or sexual oriented offense crimes, sexual abuse, rape, gross sexual imposition. These crimes must include the element of knowledge to constitute a “specified criminal act” on the part of the accused.
(Ord. 14-01. Passed 1-21-14; Ord. 14-13. Passed 4-21-14.)
(a) The owner of any product of his or her own raising, or the manufacturer of any article manufactured by him, as described in Ohio R.C. 715.63, or children or persons engaged in the sale of goods or services for a school, church or other local nonprofit organization, shall not be required to obtain a license to vend and sell in any way any such article or product; however, a written permit for children or persons engaged in the sale of goods or services for a school, church or other local nonprofit organization, shall be obtained from the City Manager.
(b) The licensing and permitting provisions of this chapter shall not apply to a canvasser.
(c) Mobile food vendors conducting business at festival or carnival permitted under Chapter 854 shall not be required to obtain a mobile food vending license for purposes of the sales at such festival or carnival, but shall have all required State or County required permits and licenses.
(Ord. 14-01. Passed 1-21-14; Ord. 14-13. Passed 4-21-14.)
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