Section
Miscellaneous Business Regulations
111.01 Food vending
111.02 Courtesy benches
111.03 Building and related trades
111.04 Massage therapy
111.05 Motor vehicle related businesses
111.06 Body art establishments
111.07 Pawnbrokers and precious metal dealers
111.08 Sexually-oriented businesses
111.09 Peddlers, solicitors and transient merchants
111.10 Self-service laundry facilities
111.11 Lumber yards
111.12 Legal fireworks
111.13 Rubbish hauling license
Amusements and Amusement Devices
111.30 Outdoor live entertainment
111.31 Carnivals
111.32 Gambling
MISCELLANEOUS BUSINESS REGULATIONS
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FOOD. Any raw, cooked or processed substance, beverage, water, ice or other ingredient used or intended for use in whole or in part for human consumption.
FOOD SELLER. Any person who operates any building, room, stand, enclosure, vehicle, space or area or other place where food is offered for retail sale with self-service, limited food preparation, or both. A microwave oven may be provided to heat purchased food. This section may be applied, but is not limited, to the following: gas stations, convenience stores, drug stores, bakers, butcher shops, candy shops/confectionaries, mobile food manufacturing or vending vehicle, grocery stores and health food stores.
RESTAURANT. Every building or structure kept, used, maintained, advertised or held out to the public to be a place where food is prepared and offered for retail sale with an on-site dining area.
(B) Special conditions applicable to food sellers operating mobile food manufacturing or vending vehicles. The following conditions only apply to food sellers operating mobile food manufacturing or vending vehicles.
(1) Food vendors may sell only prepackaged, nonperishable or self-limiting packaged food.
(2) Food vendors must park the vehicle at least 30 feet from an intersection and must park the vehicle in such a manner so as to avoid creating a traffic hazard. All vehicles must be parked within one foot of the curb. Sales must be made on the curbside only.
(3) Food vendors must provide a covered garbage receptacle for customer use.
(4) Hours of operation are allowed from 7:00 a.m. until 10:00 p.m.
(5) Food vendors must comply with all applicable city ordinances relating to noise control and vehicle identification with regard to their mobile food manufacturing vehicles.
(2001 Code, § 605.01)
(A) General provisions.
(1) License required. A person may not place or maintain a courtesy bench for the convenience of persons waiting for buses or for any other reason at any place in the city without obtaining a license pursuant to Chapter 110.
(2) Application. In addition to the requirements in Chapter 110, the person desiring the license must:
(a) Show the requested location and detailed plans and specifications of each proposed bench; and
(b) Be accompanied by a writing, signed by the owners or lessees of the property abutting the street upon which each bench is proposed to be located, giving their consent to the installation and maintenance of a bench at the proposed location. The applicant must also provide evidence of ownership or lease of the property on which the bench is to be located.
(3) New license required when sold. A separate license is required when a bench for which a license has been issued is sold or title or control is transferred or assigned.
(4) Limit on licenses. The city will grant no more than 50 courtesy bench licenses each year.
(B) Conditions of license.
(1) Separate license for each bench. A separate license is required for each bench.
(2) Location. No license shall be issued for the installation or maintenance of any bench:
(a) Without the approval of the Building Official and the Council;
(b) In any alley;
(c) At any location where the distance from the face of the curb to the inside sidewalk line is less than eight feet; or
(d) At any location distant more than 50 feet from the nearest point of intersection with a street, unless the Building Official approves.
(3) Size and maintenance.
(a) Dimensions. When a license is issued, the bench shall be installed parallel with the curb and set back at least 18 inches from the face of the curb. No bench may be more than 42 inches high, 30 inches wide, or seven feet long unless otherwise approved. Each bench must have the license number displayed in a conspicuous place.
(b) Maintenance. It is the duty of the licensee to maintain each bench at all times in a safe condition at its proper location and to inspect each bench periodically. Benches are to be kept in a neat, clean and usable condition. Ice and snow must be removed from the benches and the vicinity so that each bench is accessible at all times.
(c) Signs. No advertising matter or sign may be displayed upon any bench except upon the front and rear surfaces of the backrest. No liquor, beer or obscene, immoral or political advertising of any character is permitted, and all advertising is subject to the approval of the City Council. No advertising matter or sign on any bench shall display the words “Stop,” “Look,” “Drive in,” “Danger” or any other word, phrase or symbol which might interfere with, mislead or distract traffic.
(C) Denial of license. In addition to the grounds enumerated in Chapter 110, the application for a courtesy bench license will be denied if the Building Official finds that the maintenance of the bench at the proposed location would tend unduly to obstruct passage along any public sidewalk or public way, create a hazard, or be detrimental to the public safety or welfare.
(D) Removal. Upon the revocation or expiration of any license without renewal, if the licensee fails promptly to remove a bench, the Building Official may do so within ten days after written notice given by mail directed to the address of the licensee on file. If the licensee fails to pay the cost of removal and storage within 60 days after the notice is sent, the bench will be deemed abandoned; however, the abandonment does not relieve the licensee from the payment of the cost of removal and storage of the bench.
(2001 Code, § 805)
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