Ordinance No. 2018 – Mobile Food Services

Below is the full draft of the proposed ordinance regarding food trucks in Vermilion. It was made clear during the Monday, September 24, city council legislative committee meeting that this is a rough draft and that any part of this ordinance may be changed or eliminated. The discussion on this draft will continue at the Monday, October 1, city council meeting.

Ordinance No. 2018-

An Ordinance Enacting New Chapter 872 Entitled “Mobile Food Services” of the Codified Ordinances of the City of Vermilion, and Declaring an Emergency.

WHEREAS, in recent years, there has been an increase in the number of food truck and other mobile service operators seeking to operating in the City; and

WHEREAS, this Council believes enacting new Chapter 872, “Mobile Food Services,” of the Business Regulation and Taxation Code of the Codified Ordinances of the City of Vermilion, promotes the public health, safety and welfare of the City and its residents.

NOW, THEREFORE BE IT ORDAINED by Council of the City of Vermilion, Counties of Erie and Lorain, State of Ohio:

SECTION 1: New Chapter 872 “Mobile Food Units” is hereby adopted to read henceforth as follows:

CHAPTER 872

Mobile Food Services

872.01 DEFINITIONS

As used in this chapter:

“Mobile Food Unit” shall mean any apparatus or equipment that is used to cook, prepare, or serve food, and that routinely changes or can change location and is operated from a moveable vehicle or apparatus, including bit not limited to motorized vehicles, trailers, pedi-food carts, hand propelled carts, mobile food kitchens, mobile food trucks, canteen trucks, ice cream sales trucks, and coffee trucks. This definition does not apply to “meals on wheels” program vehicles or food delivery services.
“Pedi-Food Carts” or “Hand Propelled Carts” shall mean a vehicle propelled by human power that has been specifically designed or used for mobile food vending and is or may be operated on a road, street, or alley.

872.02 PERMIT REQUIRED

No person or entity shall operate a Mobile Food Unit within the City of Vermilion without a permit issued by the City. A Mobile Food Unit permit is required for each and every Mobile Food Unit.

872.03 APPLICATION

(a) Whoever desires a permit to operate a Mobile Food Unit shall make written application for a permit at the City of Vermilion Building Department on forms provided by the City of Vermilion. Information and documents submitted as part of the application shall include the following:

A complete and accurate permit application that includes the name of the business entity, including any “dba” business name if different from the corporate name, and the names of its owner or owners, the mailing address of the business, and the telephone number, including any mobile telephone number, of the owner or owners.
A list of every employee that will work on the Mobile Food Unit.
Proof of obtaining a City income tax filing number or exemption from the City of Vermilion Tax Administrator.
Current (color) pictures of the Mobile Food Unit that the operator plans to use if approved for a permit.
The Mobile Food Unit’s dimensions and structural materials to ensure it meets code requirements.
The location(s) where the Mobile Food Unit plans to operate or anticipates operating its business.
Certification that the Mobile food Unit has passed all necessary inspections required by the Erie County Board of Health or the State of Ohio.
The make, model, year and current registered permit number of the Mobile Food Unit.
Vehicle or trailer registration from the Ohio Bureau of Motor Vehicles.
Certification from the City of Vermilion Fire Department confirming that the Mobile Food Unit complies with all applicable federal, state, and local fire safety statutes, regulations, ordinances, and codes.
Affirmation that, upon issuance of a license, the applicant will conduct a criminal background check of all employees or operators of the Mobile Food Unit prior to allowing any person to operate the Mobile Food Unit.
Proof of general commercial liability insurance in an amount not less than one million dollars for trucks, trailers, and Mobile Food Kitchens and three hundred thousand dollars for Pedi-Food Carts and Pushcarts, which shall also insure, indemnify, and hold harmless the City from any and all judgments, costs, or expenses which the City may incur or suffer as a result of the issuance of a permit to, and the activities of, the Mobile Food Unit.

872.04 PERMIT ISSUANCE, FEE, TERM

(A) The Building Department may issue the permit required by this Chapter to applicants who:

Submit a completed application with all of the information required under this Chapter;
Are in compliance with all applicable requirements under the Chapter and have obtained any permits, licenses, or prior approvals required by any governmental unit or agency, including the State of Ohio and the Erie County Board of Health;
Pay a permit fee of $180 for each Mobile Food Unit. This permit fee may be waived for certain events, including festivals, fairs, or fundraisers, if all of the following apply: (i) the event is open to the public, (ii) the event is on public property including property owned by the Vermilion Local School District; (iii) the event existed for a continuous period of three years prior to the adoption of this Chapter.
Permits issued under this Chapter shall be valid from the date of issuance until March 15 of each calendar year.
Each permittee shall provide the Buildings Department with any change of address within five business days of the change of address taking place.
Pass an inspection conducted by the City of Vermilion Fire Department to ensure compliance with all applicable federal, state, and local fire safety statutes, regulations, ordinances, and codes.

(b) Permits issued under this Chapter are non-transferable.

872.05 PERMIT REFUSAL

(A) The Building Department may refuse to issue permits required under thus Chapter if any of the following apply:

The applicant has made a false statement as to any matter in the application submitted under this Chapter;

The applicant I has violated any provisions of this chapter within the last three years;

The applicant is under eighteen years of age;

the applicant has not complied with all applicable regulations of the City or of any other

political subdivision, governmental unit, or agency regarding the issuance of a permit or license

for mobile food vending; or

The applicant or any employee of applicant have been convicted of a felony offence of any

kind or a misdemeanor offence involving fraud, theft, or dishonesty.

The applicant misrepresented or otherwise made false statements in his or her affidavit that

he or she would conduct a criminal background check on all employees.

Rejected applicants may file an appeal under Section 872.07 of this chapter.

872.06 PERMIT SUSPENSION, REVOCATION

(A) The Building Department may revoke or suspend a license issued under thus Chapter if, after a hearing, it is determined that:

The permit holder misrepresented any statement on the application for a license to operate the food truck;
The permit holder violated the provisions under this Chapter, including the regulations set forth in Section 872.08;
The permit holder has been convicted of a felony offence of any kind or a misdemeanor involving fraud, theft, or dishonesty; or
For any reasons that could have been grounds for refusing to issue the original permit, regardless of when such information is discovered or revealed.
The permit holder misrepresented or otherwise made false statement in his or her affidavit that he or she would conduct a criminal background check on all employees.

872.07 APPEALS, HEARINGS

Any decision to deny or revoke a permit under this chapter by the Building Department may be appealed to the Mayor. Notice of such appeal shall be filed with the Building Department and the Mayor within 10 business days after t5he denial or revocation by the Building Department. The Building Department shall transmit all papers constituting the record upon which the action appealed from was taken.

A hearing before the Mayor shall be set within 30 days from the state of denial or revocation of the permit by the Building Department, unless this date is extended by agreement of the parties. Notice of this hearing shall be given to all parties in interest.

872.08 REGULATIONS

(a) Except as provided in Section (i) below, a Mobile Food Unit may only be located and operated on municipal property or in the public right-of-way.

(b) No Mobile Food Unit shall operate prior to 10 a.m. or after 10 p.m.

(c) All Mobile Food Units shall offer a waste container for public use that the operator shall empty at his or her own expense and not into any City-owned waste container. No grease, oils, or liquid waste shall be disposed of on site.

(d) No Mobile Food Unit shall make or cause to be made any excessive noise, lighting, or other method of attracting the attention of the public.

(e) mobile Food Units shall not be permitted free-standing temporary signage except one menu board, with a maximum size of 6 square feet, placed adjacent to the Mobile Food Unit.

(f) The City reserves the right to relocate a Mobile Food Unit to an alternate location, as determined by the Mayor or Chief of Police, if the approved location needs to be used for emergency purposes or other public benefit.

(g) The operation of the Mobile Food Unit shall at all times be in compliance with all application governmental rules and regulations, including but not limited to those of the Erie County Board of Health, the State of Ohio, and the City of Vermilion.

(h) The City of Vermilion Fire Department may inspect Mobile Food Units at any time to ensure compliance with all applicable federal, s ate, and local fire safety statues, regulations, ordinances, and codes.

(i) A Mobile Food Unit may operate on private property provided all of the following additional requirements are met:

The Mobile Food Unit is not selling to the public;
The Mobile Food Unit is at least fifteen feet from a fire hydrant;
The Mobile Food Unit is at least ten feet from any utility box;
The Mobile Food Unit is at least ten feet from any handicapped parking space;
The Mobile Food Unit is at least ten feet from a driveway; and
The Mobile Food Unit is at least ten feet from a sidewalk or public right-of-way.

(j) a Mobile Food Unit operating on public property must be situated on the property as follows:

At least fifteen feet from a fire hydrant;
At least ten feet from any utility box; and
At least ten feet from any handicapped parking space.

(k) Mobile Food Units shall not be left unattended for any reason.

(l) Accessory equipment, such as coolers and storage crates, shall be located within the Mobile Food Unit’s permitted area and shall be kept in a neat and orderly fashion.

(m) Operators of the Mobile Food Unit shall not cause damage to private or public property.

(n) A Mobile Food Unit is only permitted to operate in the City once per month for a total of twelve times per year.

874.99 PENALTY

Whoever violates any provision of this Chapter is guilty of a misdemeanor of the fourth degree and shall be fined not more than $250 or imprisoned not more than thirty days, or both for each offence. A separate offence shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

SECTION 2: This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council and of any committees that resulted in those formal actions were in meetings open to the public in compliance with the law.

Section 3: This Ordinance is declared to be an emergency measure necessary for the immediate presentation of the public peace, health and safety of the City and for the further reason that it is immediately necessary to adopt regulations for Mobile Food Units before events using them are usually scheduled; wherefore, this Ordinance shall go into effect immediately upon its passage and shall be in full force and effect from and after the earliest period allowed by law.