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.)
No solicitor or peddler as defined in Section 852.01 shall engage in such business within the corporate limits of the City, without first obtaining a license or a permit, as applicable, therefor in compliance with the provisions of this chapter. No mobile food vendor shall engage in such business within the corporate limits of the City, without first obtaining a mobile food vending license in compliance with the provisions of this chapter.
(Ord. 14-01. Passed 1-21-14; Ord. 14-13. Passed 4-21-14.)
Applicants for a permit and license under this chapter must file with the City Manager a sworn application in writing, in duplicate, on a form to be furnished by the City Manager, which shall give the information below. With respect to a license, if more than one person shall be vending, soliciting or peddling for a particular business, each individual person shall be deemed a separate applicant: With respect to a permit, the City Manager may issue a single permit for an organization or family.
(a) Name and description of the applicant;
(b) Permanent address of the applicant;
(c) A brief description of the nature of the business and the goods and/or services to be sold;
(d) For a license and mobile food vending license, if employed, the name and address of the employer, together with credentials establishing the exact relationship; for a permit, the name of the organization for which the goods and/or services are being sold;
(e) For a license and permit, the length of time for which the right to do business is desired;
(f) For a license, the place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time such application is filed and the proposed method of delivery;
(g) For a license and mobile food vending license, the following additional information:
(1) A photograph of the applicant, taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
(2) Description, vehicle license number and state of registration of each vehicle, if any, that will be operated under the license being applied for;
(3) A statement as to whether or not the applicant has been convicted of a specified criminal act.
(h) For a mobile food vending license only, the following additional information:
(1) A valid copy of all necessary licenses, permits or certificates required by the Montgomery County Public Health organization, Montgomery County, the State of Ohio or any subsidiary enforcement agencies or departments thereof, including, but not limited to all appropriate food service permits;
(2) A valid Ohio Department of Motor Vehicles registration to the vehicle being used by the mobile food vendor, and valid driver's licenses of all of the vehicle operators;
(3) A statement signed by the applicant and by an officer or of the owner of the firm for whom the applicant works, that the applicant and the firm for whom the applicant works shall hold harmless the City and its officers and employees, and shall indemnify and hold harmless the City and its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under terms of the license. The applicant and the firm for whom the applicant works shall furnish and maintain such public liability, food products liability, and property insurance, as will protect the applicant, the firm for whom the applicant works and the City from all claims for damage to property or bodily injury, including death, which may arise from the operations under the license or in connection therewith. Such insurance shall provide coverage of not less than one million dollars ($1,000,000) per occurrence. The policy shall further provide that it may not be cancelled except upon 30 days written notice served upon the City Manager. A license issued pursuant to the provisions of this section shall be invalid at any time the insurance required herein is not maintained and evidence of continuing coverage is not filed with City Manager.
(Ord. 14-01. Passed 1-21-14; Ord. 14-13. Passed 4-21-14.)
(a) At the time of filing the application for a license, a non-refundable fee of fifty dollars ($50.00) shall be paid to the City Manager to cover the cost of investigation and any other costs that may be incidental thereto. If a license is granted, the fifty dollar ($50.00) fee shall be credited toward the fee required in subsection (c) hereof.
(b) The annual license fees herein provided for shall be assessed on a calendar year basis, provided, for any license application received on and after July 1 of each year, the amount of the fee for such license shall be one-half of the annual amount stipulated.
(c) The fee for an annual license shall be the sum of one hundred dollars ($100.00) annually.
(d) There shall be no fee for a permit. All permits shall be for a specific duration set forth in the permit.
(Ord. 14-01. Passed 1-21-14; Ord. 14-13. Passed 4-21-14.)
(a) Upon receipt of a license application, the original shall be referred to the Chief of Police, or his designee, who shall cause such investigation of the applicant.
(b) The Chief of Police or his designee, shall approve the license to be issued by the City Manager if:
(1) All of the statements made in the application are true.
(2) The applicant has provided a valid photographic identification card.
(3) The applicant has not been convicted of a “specified criminal act” for which: (1) less than two years have elapsed since the date of conviction, the date of completion of probation, or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts; (2) less than five years have elapsed since the date of conviction, the date of completion of probation, parole or community control, or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense, for the specified criminal acts; (3) less than five years have elapsed since the date of conviction, that date of completion of probation, parole or community control, or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanor offenses arising out of different incidents for specified criminal acts offenses occurring within any 24-month period. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. An applicant who has been convicted of the above described specified criminal acts may qualify for a solicitation license only when the time period required above has elapsed.
(4) All materials required to be provided with the application have been provided.
(c) If the Chief of Police or his designee denies the license application, he or she shall promptly notify the City Manager, who in turn shall promptly notify the applicant of the denial in writing and state the reason(s) for the denial.
(d) The City Manager, shall issue a permit upon receipt of a completed permit application. The City Manager shall approve or deny a license application within two business days from receipt of a completed application.
(Ord. 14-01. Passed 1-21-14; Ord. 14-13. Passed 4-21-14.)
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