(a)   “SSD” means the Safety Service Director.

   (b)   “Street vending” or “vending” means selling, offering or displaying for sale, or soliciting another to purchase, for present or future delivery, any goods, food items, wares, merchandise, subscriptions, services, or any combination thereof from, in, upon, along or through the highways, streets, or sidewalks or public right of way, or upon private property by means of a mobile vending device or vending device.

   (c)   “Street vendor”, “vendor” or “mobile vendor” means any person who engages in street vending. “Vendor” does not include itinerant vendors or itinerant wholesale produce dealers.

   (d)   “Person” means an individual, corporation, partnership or association.

   (e)   “Sell” or “selling” includes barter or bartering.

   (f)   “Right of way” means the entirety of a public street to the boundaries of adjoining property.

   (g)   “Street” means the entire width of the public street right of way, alley, highway, roadway or avenue, including all curbs along such streets.

   (h)   “Sidewalk” means a paved path for pedestrians along side of a street or within the street right of way.

   (i)   “Mobile vending device” or “vending device” means a container or vehicle for street vending or vending which has wheels with or without a motor or engine, and shall also include temporary structures, trailers, tents and other vehicles, carts, stands, and other devices which may be moved from place to place from which vending can be conducted, or which can be used to display goods.

   (j)   “Mobile vending” means street vending or vending from a mobile vending device or vending device.

   (k)   “Downtown Preservation District” means the area defined in Section 1350 of the Amherst Codified Ordinances.

   (l)   “Community Event” means an event specifically approved by the Mayor or SSD granting use of street, sidewalk, park, right of way, or any public areas within a specifically defined area for a period of time not exceeding ten (10) days to a community based organization.

   (m)   “Permittee” means the person who owns the vending device with a mobile vending permit.

   (n)   “Unobstructed walk” means a clear, continuous paved surface free of tree grates, elevator grates and all vertical obstructions.

   (o)   “Food item” means 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 or animal consumption. Food includes ice, water or any other beverage, food ingredients and chewing gum.

   (a)   Name and address of the applicant;

   (b)   A description and a photograph of the vending device, truck, or temporary structure, if any, from which the applicant intends to vend, including its size;

   (c)   The Ohio license plate number and registration of the vending device, if applicable;

   (d)   A signed statement that the applicant is the owner of the vending device;

   (e)   A description of proposed trash storage and waste disposal methods, and a description of any electrical and water connections and any fuels or electrical generators to be used on the permitted area;

   (f)   A detailed description of the goods, food items, beverage, wares or merchandise which the vendor is authorized to sell;

   (g)   Evidence that all required State and County health and vending licenses have been obtained;

   (h)   The location or alternative locations for which application for permit is being made;

   (i)   A signed statement and insurance policy that the permittee shall hold harmless the City of Amherst, its officers and employees and shall indemnify the City of Amherst, its officers and employees for any claims or damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. Permittee shall furnish and maintain such public liability, food products liability and property damage insurance as will protect permittee and the City from all claims for damage to property, or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than one million dollars ($1,000,000) for bodily injury for each person, two million dollars ($2,000,000) for each occurrence and not less than one million dollars ($1,000,000) for property damage per occurrence. Such insurance shall be without prejudice to coverage otherwise existing therein, and shall name as additional insured the City of Amherst, its officers and employees, and shall further provide that the policy shall not terminate or be cancelled prior to the expiration date of the permit without thirty (30) days’ written notice to the SSD. Before conducting business at the location permitted by the SSD, permittee shall name as an additional insured on the policies of insurance hereinabove required the owner of the property abutting the space between the prolongations of the boundary lines of the location which run perpendicular to the curb line to the property line of the same side of the street.

   (a)   The address of the private property on which the vendor intends to vend;

   (b)   If the vendor is the owner of the private property, documentation of the vendor’s ownership, and if the vendor is not the owner of the private property, documentation, signed by the property owner of the vendor’s permission to vend on the property;

   (c)   A statement of the duration of the proposed vending activity;

   (d)   A description or photos of the vending device, if any, from which the vendor intends to vend, including its size and the distance from the vending device to public sidewalks, parking lots, driveways and other areas used or usable for vehicular travel or parking;

   (e)   A statement from the applicant that the location of the vending device will meet all building setback requirements of the Zoning Code and will not interfere with the safe movement of vehicles or pedestrians on the subject property.

   (a)   Physical condition and state of repair;

   (b)   Compatibility with nearby structures in terms of color, placement, heights and general design;

   (c)   Impacts on scenic views;

   (d)   All other pertinent rules and regulations of the Design Review Board.

   (a)   If the vendor intends to operate from a “structure” within the meaning of the Building Code, those provisions of the Building Code applicable to “structures” apply.

   (b)   If the vendor intends to operate from private property that is a parking lot, those portions of the Zoning Code that require that a specified number of parking spaces be available for the use of the particular business.

   (c)   Except as provided in this division, no mobile vendor device shall be located on private property closer than ten (10) feet from any public sidewalk, as measured from the sidewalk to the closest point on the mobile vendor device. The mobile vendor device, however, may be located closer than ten (10) feet to a public sidewalk if the vending device is set back at least twenty (20) feet from the inside edge of the tree lawn or, if no tree lawn exists, at least twenty-five (25) feet from the outside edge of the curb or edge of the street.

   (d)   No mobile vendor device shall be located to impede ingress to or egress from any structure, nor be located with twenty (20) feet of a fire exit, fire escape, or fire lane.

   (e)   A vendor who is operating upon private property shall not encroach into any street or sidewalk in any way.

   (f)   The vending device is located in commercial zoning district, except in the case of mobile ice cream vending which is permitted only a residential zoning district or a planned development district in which there are residential dwelling units.

   (a)   Each vending device shall be attended at all times by at least one individual.

   (b)   Comply with all requirements of applicable state and local law, including, without limitation, the City’s Fire Prevention Code, the State of Ohio Fire Code, and the City’s Traffic and Parking Code.

   (c)   The vending device shall be placed only at the location set forth in the permit.

   (d)   No vending device shall remain in its permitted location between the hours of midnight and 9:00 a.m., and no business shall be conducted from any permitted location between those hours.

   (e)   Permittees and their agents shall obey any lawful order of a police officer to remove their vending devices if necessary to avoid congestion or obstruction in an emergency.

   (f)   Permittees or their agents selling food items from vending devices are required to obtain a food license from the County Health Department.

   (g)   If the vending device has a heating apparatus, the vending device shall have been inspected and approved by the Fire Chief or his or her designee for compliance with provisions of the City’s Fire Prevention Code and State of Ohio Fire Code.

   (h)   Vending devices shall not be serviced or cleaned at residences or any other unapproved premises.

   (i)   Permittees and their agents shall be responsible for keeping their permitted areas within twenty-five (25) feet of the permitted location free of litter. Permittees and their agents shall provide a suitable container for the placement of paper, wrappers, trash and other similar items by customers and others.

   (j)   The permit, including a map of the permitted location, shall be affixed to the vending device at all times that the vending device is located at their permitted area.

   (k)   No permittee shall place upon any sidewalk, street, highway or public right of way, any stand, booth, rack, platform, table, chair, vehicle, tent or device of any kind, other than a vending device which complies with the provisions of this chapter.

   (l)   Permittees and their agents shall conduct business in compliance with all applicable provisions of the Codified Ordinances.

   (m)   Mobile vendors shall have displayed the name and address of the business on the side of such mobile vending device in letters at least two inches high and shall have displayed the mobile vending permit and that all county and state permits required be displayed so as to be easily visible.

   (n)   Each permit shall be personal only and shall not be transferrable in any manner.

   (o)   Each permit is valid only when used at the location designated in the permit.

   (p)   The permit as it applies to a given location may be suspended by the SSD for up to ten (10) days during the holding of a community event.

      (1)   To the occupants of vehicles stopped in traffic;

      (2)   From any vehicle, structure, or device that is situated in any portion of a street which is designed or ordinarily used for vehicular travel except by a mobile ice cream vending device having a valid permit issued by the City pursuant to this chapter;

      (3)   At a location or in a manner that hinders or restricts access to a telephone booth, mail box, public parking space, police or fire call box, traffic control box, fire hydrant, or that blocks, obstructs or restricts the free passage of pedestrians or vehicles in the lawful use of the sidewalks or streets or public right of way;

      (4)   At any location where the sidewalk is less than ten (10) feet in width;

      (5)   Within twenty (20) feet of a crosswalk;

      (6)   Within fifteen (15) feet of any doorway or the prolongation of any doorway width to the curb line;

      (7)   Within twenty (20) feet of another mobile vendor;

      (8)   Within one hundred (100) adjacent linear feet of a food service operation operating from a fixed and permanent location existing at the time of permit issuance or renewal.

      (9)   Anywhere in a residential zone except in the case of mobile ice cream vending which is permitted in residential zoning districts and planned development districts contain residential dwelling units.

      (1)   Display items or place lines or other devices for the display of items on any building or on any utility pole, planter, tree, trash container, or other sidewalk fixture, or public right of way;

      (2)   Place any items in or upon any street or sidewalk or public right of way;

      (3)   Use liquefied petroleum gas, or other flammable substances, without a required permit pursuant to Ohio Revised Code;

      (4)   Make any loud or unreasonable noise for the purpose of advertising or drawing attention to its food shop operations or for any other purpose; or

      (5)   Conduct business without making available a container suitable for the placement of litter;

      (6)   Throw or deposit any merchandise, packaging, containers, fat, liquid or grease, paper or other litter on any streets or sidewalk in any sewer;

      (7)   Place or affix any advertising material and signage to any location other than flat upon the vending device being used in its operations at its permitted location;

      (8)   Conduct mobile vending without a mobile vending permit issued by the City of Amherst.

      (1)   Except in the case of a violation that presents an immediate danger to the public health, prior to initiating an action to suspend or revoke a permit, the SSD and/or authorized employees, shall give the permit holder written notify specifying each violation and a reasonable time within which each violation must be corrected to avoid suspension or revocation of the permit. The SSD and/or authorized employee, may extend the time specified in the notice for correcting a violation, if the permit holder, in the sole discretion and determination of the SSD, is making a good faith effort to correct the alleged violation. If the permit holder fails to correct the violation in the time granted by the SSD, and/or authorized employee, the SSD, and/or authorized employee, may initiate an action to suspend or revoke the mobile vendor permit by giving the permit holder written notice of the proposed suspension or revocation.

      (2)   In the case of a violation that presents an immediate danger to the public health, the SSD, and/or authorized employee, may issue an immediate order of suspension or revocation of a mobile vending permit without giving written notice or affording the permit holder the opportunity to correct the violation.

   (a)   The mobile vending permit and any other required licenses or permits must be affixed to the front windshield in the lower corner on the passenger side;

   (b)   Advertising decals are limited to the name of the permitted vendor the types of wares permitted for purchase and the price lists of those items and product decals and price lists may only be displayed on the passenger side;

   (c)   All sales must take place between 11:00 a.m. and 8:00 p.m.;

   (d)   Mobile ice cream vendors may only sell pre-wrapped or prepackaged ice cream, frozen yogurt, frozen custard, frozen or self-serve dairy products, or similar frozen dessert products;

   (e)   Mobile ice cream vendors may only operate in residential zoning districts or planned development districts containing residential dwelling units;

   (f)   Mobile ice cream vendors may not operate:

      (1)   Within forty (40) feet of an intersection;

      (2)   Within forty (40) feet of any stop sign, flashing beacon, yield sign or other traffic control sign or sign on the side of a roadway;

      (3)   In any manner that impedes the flow of vehicular or pedestrian traffic on any public street or sidewalk;

   (g)   Vending can only take place on the passenger side of the truck;

   (h)   Vendors must pull as far as practicable to the side of the street when stopping to make sales;

   (i)   Emergency flashers must be operating at all times while the vendor is stationary;

   (j)   No horns, amplification systems, or other sound-producing devices or music systems may be used when the truck is stationary or at any time other than authorized times of operation;

   (k)   Mobile ice cream vendors may not operate within two blocks of any school when the school is in session.