(a) License Required: Effective Period: Revocation. No vendor or peddler shall sell or offer for sale any ice cream, frozen dessert, soft drink, candy, sandwich, nuts, novelty confection or similar foodstuff, on public rights-of-way within the City without first obtaining a license from the City prior to engaging in such selling or offering for sale, such license to be issued by the City Manager. Any license issued hereunder shall be valid for a period of one year from the date of issue. Such license may be revoked for failure of the licensee or his agents or employees to comply with the terms of this chapter.
(b) Conditions of License: Fee. The license provided in this Section 741.07 shall be issued by the City Manager upon payment of a fee of twenty-five dollars ($25.00) and upon compliance with the following conditions:
(1) License application: contents. Application for a license shall be made on a form provided by the City Manager. Each application shall contain, among other things, the name, address and the telephone number of the applicant completing the application; the name, address and telephone number of his/her employer, if any, for which he purports to act; the name of an officer of such employer; the nature of the goods or services for which he will be offering for sale; the proposed method of operation in the City; a written commitment that such person(s) shall comply with Chapter 191 of the Codified Ordinances; and such other information as the City Manager may require. Such license shall not be used or represented in any way as an endorsement by the City. No person who has been convicted of a misdemeanor involving moral turpitude or a felony shall be issued a license.
(2) The applicant shall submit to the City evidence of insurance providing coverage for property damage and bodily injury occasioned by the licensee, his agents or employees, the limits of such coverage to be not less than one million dollars ($1,000,000) combined single limit coverage (property damage and bodily injury).
(3) The application shall contain a schedule of vehicles to be used by the licensee and the applicant shall submit evidence that each person required to be licensed to operate such vehicles under the laws of the State has a valid Ohio operator's or chauffeur's license as required by law.
(4) The applicant shall furnish a schedule of items to be sold or offered for sale and, where necessary, a schedule of refrigerator compartments, cooling devices or iceboxes required to safely maintain the foodstuffs to be sold or offered for sale. The City Manager or his agent may require such compartments, devices or boxes to be subjected to an examination to determine their ability to hold temperature at the required level. Such examination may be made prior to the issuance of a license and/or at any time during the license year. In the event that the City Manager or his agent determines that such compartments, devices or boxes are not adequate to maintain temperature at the required level, an application for a license may be rejected or any existing license may be revoked.
(5) Each operator shall provide evidence that a valid food handler's permit has been issued by the Franklin or Delaware County Department of Health to the operator and his agents and employees.
(c) Hours of Sale. Vendors, peddlers or their agents or employees, subject to the provisions of this Section 741.07 shall operate only from 9:00 a.m. to 4:00 p.m. and 6:30 p.m. to 9:00 p.m.
(d) Lights on Vehicles. Every vehicle used by a vendor or peddler subject to the terms of this section shall be equipped with marker lights and flashing signal devices as follows: two red lights six inches in diameter directed to the rear and two yellow or amber lights four inches in diameter directed to the front and so operated as to emit a flashing light when the vehicle is stopped or moving at less than twenty miles per hour. Marker lights shall be situated on the rear and on the cab of the vehicle and shall be constantly lighted.
(e) Stopping Vehicle for Sales.
(1) Vendors, peddlers or their agents or employees shall transact business only when the vehicle is stopped at the curbing or, if there is no curbing, when the vehicle is stopped at the right edge of the paved part of the right-of-way.
(2) Vendors, peddlers or their agents or employees shall not transact business when the vehicle is in a marked parking space in the public right-of-way, unless the marked parking space is spcifically designated by the City for such purpose.
(f) Street Vendors Serving Fairs and Festivals.
(1) In order to provide for the health and safety of persons attending a fair or festival authorized by the City, the City Manager shall designate those streets, highways and public rights-of-way adjacent to, or in the area of a fair or festival which shall not be used for the purpose of the sale of foodstuffs pursuant to a license issued under the terms of this chapter or for the purpose of the sale of goods, merchandise or property of any kind.
(2) No license issued pursuant to Section 741.07, shall authorize or permit or be valid for the purpose of the sale of foodstuffs from the streets, highways or rights-of-way so designated by the City Manager during the hours of operation of any such fair or festival.
(3) Any person, firm, corporation, group or agency which has secured a permit under Section 311.02 of the Codified Ordinances for the purpose of sponsoring a fair or festival may authorize the sale of foodstuffs within the public rights-of-way subject to such permit, provided that such public rights-of-way are not open to vehicular traffic and provided that the vendor shall have complied with all applicable health regulations. Such vendor shall not be required to secure a permit authorized by this Section 741.07.
(g) License Revocation.
(1) Any license issued hereunder shall be revoked by the City Manager if the holder thereof is convicted of a violation of any of the provisions of this chapter, or has made a false material statement in the license application.
(2) Immediately upon such revocation, written notice thereof shall be given by the City Manager to the holder of the license in person or by certified U.S. mail addressed to his or her residence address as set forth in the license. Immediately upon the giving of such notice the license shall become null and void.
(3) The holder of a revoked license may seek immediate judicial review by direct appeal to the Franklin County Court of Common Pleas.