For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FOOD. A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.
FOOD SERVICE OPERATION. Shall mean, for the purpose of a mobile food vending license, a place, location, site, or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. As used in this division, “served” means a response made to an order for one or more individual portions of food in a form that is edible without washing, cooking, or additional preparation and “prepared” means any action that affects a food other than receiving or maintaining it at the temperature at which it was received.
FOOD TRAILER. Any vehicle without motive power that is designated to be drawn by a motor vehicle and is specifically designed or used for food vending operations.
FOOD TRUCK. A vehicle propelled by an engine which has been specifically designed or used for mobile food vending.
FOOD TRUCK INDUSTRY. Both food trucks and food trailers.
FOOD VENDING OPERATION. A place, location, site, or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. As used in this division, “served” means a response made to an order for one or more individual portions of food in a form that is edible without washing, cooking, or additional preparation and “prepared” means any action that affects a food other than receiving or maintaining it at the temperature at which it was received.
HEALTH LICENSE. An official document issued by a department of health pursuant to Ohio R.C. 3701. Such health license shall be separate from any other license required under this chapter. Such document may be either an annual health license or a temporary health license.
LICENSING PERIOD. The sixteenth day of March to the fifteenth day of March the next succeeding year.
MOBILE FOOD VENDING COURT. A location where the public right-of-way is closed for vehicular traffic on a temporary or permanent basis to allow two or more mobile food vending units to operate from such location.
MOBILE FOOD VENDING LICENSE. An official document issued by the city authorizing operation of a mobile food vending unit within the corporate limits of the city.
MOBILE FOOD VENDING UNIT. A food service operation or retail food establishment that is operated from a food truck or food trailer, and that can or does routinely change location. For the purposes of a mobile food vending license, MOBILE FOOD VENDING UNIT excludes food delivery operations and vending machines, as defined in Ohio R.C. 3717.01 (L).
MOBILE FOOD VENDOR. Every corporation, association, joint stock association, person, firm or partnership, their lessees, directors, receivers, trustees, appointees by any court whatsoever, or the heirs, executors, administrators, or personal representatives or assignees of any deceased owner, owning, controlling, operating or managing any mobile food vending unit.
OPERATOR. The individual who manages one or more mobile food vending units whether as the owner, an employee of the owner or as an independent contractor. Each license issued is applicable to one mobile food vendor unit.
PERMANENTLY REVOKE. For the purposes of a mobile food vending license, means to terminate all rights and privileges under a license for a period of 90 days or greater and to render the holder of a license ineligible to reapply for said license.
PERMITTED MOBILE FOOD VENDOR. For purposes of the city, those mobile food vendors defined as concession trailers/trucks, frozen food trucks, soft-serve ice cream trucks, and mobile cookers and BBQ pits. Units that do not meet these descriptions will not be issued a mobile food vendor license.
PUBLIC RIGHT-OF-WAY. shall mean any property owned by the City of Wellston, including, but not limited to, any street, road, alley, sidewalk, vacant lot, or other tract of land.
REVOKE. For the purposes of a mobile food vending license, means to terminate all rights or privileges under a license for a period not to exceed 90 days after which the individual must reapply for a license.
RETAIL FOOD ESTABLISHMENT. For the purposes of a mobile food vending license, means a premises or part of a premises where food is stored, processed, prepared, manufactured, or otherwise held or handled for sale of food to a person who is the ultimate consumer.
SPECIAL EVENT. For the purposes of a mobile food vending license, means any activity or gathering or assemblage of people upon public property or in the public right- of-way for which a block party, street closure, race event, parade permit, community market, or other like permit has been issued by the city.
SUSPEND. For the purposes of a mobile food vending license, means to temporarily deprive a licensee of rights or privileges under a license for a period not to exceed 90 days.
(Ord. 2022-60, passed 12-1-2022)