Big Ideas for Small Business: Food Truck- Ordinance No. 210-11

(b) Reimbursement of tuition andfees is subject to the following condi-tions:(1) The officer or employee shall

have received the prior writtenapproval of his director, or hisappointing authority in the case ofthose employees not in a departmentadministered by a director to attendthe course of study.(2) The officer’s or employee’s

director, or appointing authority inthe case of those employees not ina department administered by adirector, shall have reported to theMayor, his designee or the Directorof Human Resources if the Mayor sodesignates that the course of studywill assist the officer or employeeand improve his ability to performhis duties.(3) The officer or employee has

successfully completed the course ofstudy.(c) Two times a year the Mayor,

his designee or the Director ofHuman Resources if the Mayor sodesignates shall submit to Councilfor its review a list of the names ofall individuals who receivedapproval for tuition reimbursements.

Section 2. That the following exist-ing sections of the Codified Ordi-nances of Cleveland, Ohio 1976:Section 143.01, as amended by Ordi-

nance No. 1163-90, passed June 18,1990,Section 143.02, as amended by Ordi-

nance No. 77-94, passed March 14, 1994, Section 143.03, as amended by Ordi-

nance No.1 163-09, passed June 18,1990,Section 171.03, as amended by Ordi-

nance No. 746-06, passed June 5, 2006, Section 171.241, as amended by Ordi-

nance No. 1277-05, passed August 3,2005,Section 171.242, as amended by Ordi-

nance No. 1278-05, passed August 3,2005, andSection 171.37, as amended by Ordi-

nance No. 2461-A-85, passed October20, 1986, are repealed.

Section 3. That any references con-tained in the Codified Ordinances ofCleveland, Ohio, 1976, to the Depart-ment of Personnel and HumanResources, the Director of Personneland Human Resources, or the Assis-tant Director of Personnel andHuman Resources shall be amendedto read “Department of HumanResources”, the “Director of HumanResources”, and the “Assistant Direc-tor of Human Resources, consistentwith this ordinance.

Section 4. That the Clerk of Councilis authorized, when publishing theCodified Ordinances of Cleveland,Ohio, 1976, and any amendments, tochange all references to the Depart-ment of Personnel and HumanResources, the Director of Personneland Human Resources, or the Assis-tant Director of Personnel andHuman Resources to read “Depart-ment of Human Resources”, the“Director of Human Resources”, andthe “Assistant Director of HumanResources, consistent with this ordi-nance.

Section 5. That this ordinance isdeclared to be an emergency measureand, provided it receives the affirma-tive vote of two-thirds of all the mem-bers elected to Council, it shall takeeffect and be in force immediately

upon its passage and approval by theMayor; otherwise it shall take effectand be in force from and after the ear-liest period allowed by law.Passed April 25, 2011.Effective April 29, 2011.

Ord. No. 143-11.

By Council Members Kelley and

Sweeney (by departmental request).

An emergency ordinance authoriz-

ing the Director of Public Utilities to

enter into a contract with EnerNOC

Inc. for participation in EnerNOC’s

demand response program by the

Division of Water for a period of two

years with one two-year option to

renew, exercisable through addition-

al legislative authority.

Whereas, PJM Interconnection(“PJM”) is a regional transmissionorganization that provides electrictransmission services to utilities inthe region including, as of June 1,2011, Cleveland Public Power; andWhereas, PJM conducts demand

response programs that are designedto compensate retail customers thatare willing to curtail their consump-tion when requested by PJM to relieveoverloading on the PJM system,which will help prevent blackoutsand help maintain reliable and afford-able electricity across the PJM sys-tem; andWhereas, PJM requires retail cus-

tomers to participate in the demandresponse programs through autho-rized Curtailment Service Providersthat enter into contracts with multi-ple retail customers so that PJM doesnot have to coordinate the reductionin consumption by individual cus-tomers; andWhereas, by separate resolution,

this Council has authorized Curtail-ment Service Providers to operate inCleveland Public Power’s servicearea; andWhereas, the Division of Water

desires to participate in the demandresponse program by using its emer-gency back-up generators to enable itto reduce its consumption; andWhereas, the Division of Water will

not be required to reduce consump-tion if such action would impair itsability to provide reliable water ser-vice to its customers; andWhereas, the Division of Water

solicited qualifications from compa-nies authorized to participate in thePJM program; andWhereas, EnerNOC, Inc. met all of

the evaluation criteria the Division ofWater used to determine the best sup-plier; andWhereas, this ordinance constitutes

an emergency measure providing forthe usual daily operation of a munici-pal department; now, therefore,Be it ordained by the Council of the

City of Cleveland:Section 1. That the Director of Pub-

lic Utilities is authorized to enter intocontract with EnerNOC Inc., to serveas the Curtailment Service Providerfor the Division of Water based on itsproposal dated December 10, 2010 fora period of two years with one two-year option to renew exercisablethrough additional legislative author-ity.

Section 2. That the compensation tobe paid under this ordinance shall bedeposited into Fund No. 52, and isappropriated for the purpose of main-taining emergency back-up genera-tors at the Division of Water.

Section 3. That this ordinance isdeclared to be an emergency measure

and, provided it receives the affirma-tive vote of two-thirds of all the mem-bers elected to Council, it shall takeeffect and be in force immediatelyupon its passage and approval by theMayor; otherwise it shall take effectand be in force from and after the ear-liest period allowed by law.Passed April 25, 2011.Effective April 29, 2011.

Ord. No. 210-11.By Council Members Cimperman, J.

Johnson and Mitchell.An emergency ordinance to amend

various sections of Chapters 241, 508,and 675 of the codified Ordinances ofCleveland, Ohio, 1976, as amended andenacted by various ordinances relat-ing to vendors; to supplement the cod-ified ordinances by enacting new Sec-tions 241.051, 241.36, 241.37, and 241.38;and to rename Chapter 675 to “StreetVendors.”Whereas, this ordinance constitutes

an emergency measure providing forthe usual daily operation of a munici-pal department; now, therefore,Be it ordained by the Council of the

City of Cleveland:Section 1. That the following sec-

tions of the Codified Ordinances ofCleveland, Ohio, 1976:Sections 241.01, 241.02, and 241.03, as

enacted by Ordinance No. 2163-01,passed May 20, 2002,Section 241.05, as amended by Ordi-

nance No. 2303-04, passed January 24,2005, Sections 241.06, 241.07, 241.32, and

241.99, as enacted by Ordinance No.2163-01, passed May 20, 2002Sections 508.01, 508.03, 508.05, and

508.07, as enacted by Ordinance No.1611-83, passed June 27, 1983,Section 508.08, as amended by Ordi-

nance No. 1428-92, passed July 22, 1992,Section 508.09, as enacted by Ordi-


nance No. 1158-09, passed October 5,2009,Section 675.02, as amended by Ordi-

nance No. 2393-02, passed February 3,2003,Section 675.03, as amended by Ordi-

nance No. 1428-92, passed July 22, 1992,Section 675.04, as amended by Ordi-

nance No. 1158-09, passed October 5,2009,Section 675.041, as enacted by Ordi-

nance No. 1612-83, passed June 27,1983,Sections 675.05, 675.06, 675.07, and

675.08, as amended by Ordinance No.2393-02, passed February 3, 2003,Section 675.09, as amended by Ordi-

nance No. 1203-10, passed November29, 2010, Section 675.10, as amended by Ordi-


nance No. 137-A-91, passed June 17,1991are amended to read as follows:

Section 241.01 Rules and Regula-

tions

The Directors of Public Health andCapital Projects are authorized toadopt such written rules and regula-tions as may be necessary for theproper interpretation and enforce-ment of this chapter. Such rules andregulations upon adoption, shall bepublished in the City Record for twoconsecutive weeks and shall be ineffect on and after fifteen days fromthe second publication therein. Suchrules and regulations shall have the

34 The City Record May 4, 2011

700

force and effect of this chapter andcontinue in effect until revoked bythe respective Director or by ordi-nance of Council.

Section 241.02 Enforcement and

Inspection

The Director of Public Health,and/or authorized employees who areregistered sanitarians or sanitarians-in-training are charged with theenforcement of this chapter. Any suchperson shall have the right to enterand inspect any place where the busi-ness of food is engaged in. No personshall refuse or hinder inspection, orfail to answer all reasonable ques-tions relative to handling food or failto furnish upon request any recordsdeemed necessary for the enforce-ment of this chapter. If the Director ofPublic Health and/or authorizedemployees find, or have cause tobelieve, that within a retail foodestablishment or food service opera-tion in their jurisdiction food is adul-terated, or so misbranded as to be dan-gerous or fraudulent, said food maybe embargoed in accordance withOAC 901:3-4-15 and may be taken forexamination, free of charge. Whenev-er the Director of Public Healthand/or authorized employees find inany food shop, any meat, seafood,poultry, vegetable, fruit, or other per-ishable foods that are unsound, orcontain any filthy, decomposed, orputrid substance, or that may be poi-sonous or deleterious to health or oth-erwise unsafe, the foods are declaredto be a nuisance, and shall forthwithbe condemned or destroyed, or in anyother manner rendering the itemsunsalable as human food. The Direc-tor Capital Projects shall have con-current authority to enforce the provi-sions of this chapter not specificallydelegated to the Director of PublicHealth.

Section 241.03 Definitions

(a) As used in this chapter: The def-initions contained in Revised CodeChapter 3715 and Chapter 3717 per-taining to the administration andenforcement of food safety programsare adopted and incorporated by theCity of Cleveland as if set forth here-in.(b) “Food shop” applies to “retail

food establishment” and “food serviceoperation,” as those terms are definedin Revised Code Chapter 3717.(c) “Mobile food shop” means a

“mobile retail food establishment” or“mobile food service operation,” asthose terms are defined in RevisedCode Chapter 3717.(d) “Vendor” means a mobile food

shop.(e) “Food Item” means a raw,

cooked, or processed edible sub-stance, ice, beverage, or ingredientused or intended for use or for sale inwhole or in part for human consump-tion. Food includes ice, water or anyother beverage, food ingredients, andchewing gum.(f) “Street” means street, alley,

highway, roadway, or avenue.(g) “Vending device” means a con-

tainer for the sale, display or trans-port of food items by a vendor.

Section 241.05 Food Shop Licenses

and Fees

(a) No food shop shall be operatedwithout the person, firm, association,or corporation conducting the busi-ness first applying for and obtainingan annual license issued by the Com-

missioner of Assessments and Licens-es.(b) Chapters 3715 and 3717 of the

Revised Code pertaining to the licens-ing, administration and enforcementof food safety programs by the locallicensing authority is adopted andincorporated herein by the City ofCleveland.(c) The holder of a food service

operation license as defined by statelaw shall not be required to obtain aretail food establishment licenseexcept when the activities of a retailfood establishment and a food serviceoperation are carried on within thesame facility by the same person orentity, then the determination ofwhat license applies shall be madeaccording to the primary business ofthe person or entity as determined bythe licensor, the City of ClevelandDirector of Public Health, asdescribed in Section 3717.44 of theRevised Code.(d) For a mobile food service opera-

tion or mobile retail food establish-ment, the annual fee shall be two hun-dred sixty-three dollars and forty-fourcents ($263.44).(e) For a vending food service oper-

ation, the annual fee shall be twenty-nine dollars and sixty-five cents($29.65).(f) For a temporary commercial

food service operation and temporaryretail food establishments, the feeshall be forty dollars ($40.00) per five-day event. For a temporary non-com-mercial food service operation andtemporary retail food establishments,the fee shall be twenty dollars($20.00) per five-day event.(g) The Commissioner of Assess-

ments and Licenses may also collectfees for collection and bacteriologicalexamination of samples taken from afood shop in an amount equal to thecost of such collection and examina-tion as determined by the Commis-sioner of Environment.(h) Except for plans pertaining to

mobile or temporary food serviceoperations or vending devices, theCommissioner of Assessments andLicenses shall collect fees in theamounts stated below, for planreviews of food shops prior to submis-sion of plans to the Division of Envi-ronment:

Plan Review FeeCommercial Non-Commercial

New Operations, less than 25,000 sq. feet

$150.00 $ 75.00

New Operations, greater than 25,000 sq. feet

$300.00 $150.00

Extensive Alteration, less than 25,000 sq. feet

$ 75.00 $ 37.50

Extensive Alteration, greater than 25,000 sq. feet

$100.00 $ 50.00

(i) The Commissioner of Assess-ments and Licenses shall submit allapplications for a food shop license tothe City of Cleveland Director of Pub-lic Health for approval or disapprovalof the application.(j) On receipt of an application for

a mobile food shop license, the Com-missioner of Assessments and Licens-es shall notify the Council member ormembers in whose ward or wards the

mobile food shop will be located thatthe application has been received. Acompleted application shall containthe signature of the Council memberor members in whose ward or wardsthe mobile food shop will be located.”(k) The Commissioner of Assess-

ments and Licenses is authorized tocollect license fees for retail foodestablishments and food service oper-ations and deposit the fees into a fundcreated under Sections 3717.25 and3717.45 of the Revised Code.(l) For purposes of this section,

noncommercial organizations aredefined as organizations such aschurches, or non-profit organizationsoperated exclusively for charitablepurposes as defined in division(B)(12) of Section 5739.02 of theRevised Code, provided that dis-played foods are not displayed formore than seven (7) consecutive daysor more than fifty-two (52) separatedays per year.(m) For a food service operation, a

penalty of twenty five percent (25%)of any license fee required by this sec-tion must be paid before the issuanceof the license if the required licensefee is not paid on or before the date itis due.

Section 241.06 License or Permit

Disapproval; Revocation; Suspension;

Appeals

(a) The Commissioner of Environ-ment, and/or authorized employeeswho are registered sanitarians or san-itarians-in-training, may suspend orrevoke a food license upon determin-ing that the license holder is in viola-tion of any requirement of RevisedCode 3717 or the rules adopted there-under, which are applicable to retailfood establishments and food serviceoperations, including a violation evi-denced by the documented failure tomaintain sanitary conditions withinthe operation.(b) Except in the case of a violation

that presents an immediate danger tothe public health, prior to initiatingan action to suspend or revoke a foodlicense, the Commissioner of Environ-ment, and/or authorized employees,shall give the license holder writtennotice specifying each violation and areasonable time within which eachviolation must be corrected to avoidsuspension or revocation of thelicense. The Commissioner, and/orauthorized employee, may extend thetime specified in the notice for cor-recting a violation if the license hold-er, in the sole discretion and determi-nation of the Commissioner, is mak-ing a good faith effort to correct thealleged violation. If the license holderfails to correct the violation in thetime granted by the Commissioner,and/or authorized employee, the Com-missioner, and/or authorized employ-ee, may initiate an action to suspendor revoke the food license by givingthe license holder written notice ofthe proposed suspension or revoca-tion.(c) In the case of a violation that

presents an immediate danger to thepublic health, the Commissioner,and/or authorized employee, mayissue an immediate order of suspen-sion or revocation of a food licensewithout giving written notice oraffording the license holder theopportunity to correct the violation.(d) The license holder may appeal

the proposed suspension or revoca-tion of a food license or the immediateorder of suspension or revocation of a

May 4, 2011 The City Record 35

701

food license as provided in RevisedCode Sections 3717.29 and 3717.49 andin conformance with the rules of pro-cedure adopted there under. In suchcases, the Commissioner of Environ-ment is charged with presiding overthe hearing and is authorized to ren-der a decision denying, suspending orrevoking a license, or rendering adecision to dissolve or continue anissued suspension. A food license canbe suspended for a period up to thirty(30) days.(e) A mobile food shop permit may

be suspended or revoked for viola-tions of Section 241.38. The permitteeor applicant may appeal a suspension,revocation, or disapproval of a permitto the Commissioner of Assessmentsand Licenses within 20 days of thedate of notice of suspension, revoca-tion, or disapproval. The permittee orapplicant may appeal the Commis-sioner’s decision to the Board of Zon-ing Appeals established pursuant toCharter Section 76-6. Notice of suchappeal shall be in writing and shallbe filed with the Board within tendays from the date of the written deci-sion of the Commissioner.(f) If a food license has been

revoked due to a violation of any ofthe laws set forth in this section, thensuch food shop may not reapply for alicense or permit to operate such abusiness at the same location for aperiod of six (6) months after the dateof revocation

Section 241.07 Display of License

and Permit

Every license issued according tothis chapter shall be displayed in aconspicuous place upon the wall andclose to the entrance of the premiseswhere such business is conducted.Food vehicles shall have displayedthe name and address of the businesson the side of such vehicle in letters atleast two inches high and shall havedisplayed the vehicle permit plateissued by the Commissioner ofAssessments and Licenses.

Section 241.32 Enforcement Requir-

ing Extra Services; Costs

Whenever the enforcement of theprovisions of this chapter requiresextraordinary services, the person,firm or corporation requesting suchextraordinary services shall pay thecost of such services as determined bythe Department of Public Health.

Section 241.99 Penalty

(a) Whoever violates Section 241.05is guilty of a misdemeanor of thethird degree on a first offense; for asecond offense or subsequent offense,such person is guilty of a misde-meanor of the second degree. EachDay the violation continues is a sepa-rate offense.(b) Whoever violates Sections

241.36, 241.37, or 241.38 is guilty of aminor misdemeanor, and shall befined not less than one hundred fiftydollars ($150.00). The fine set forthherein is mandatory and shall not besuspended by the court in whole or inpart. Each day upon which a violationoccurs or continues shall constitute aseparate offense and shall be punish-able as such hereunder.(1) In addition to any other method

of enforcement provided for in thischapter, the provisions of division (b)of this section may be enforced by theissuance of a citation in compliancewith Rule 4.1 of the Ohio Rules ofCriminal Procedure.

(2) If the offender persists inimproper operations after reasonablewarning or request to desist, improp-er operations is a misdemeanor of thefirst degree.(c) Unless otherwise specified in

this chapter, whoever violates any ofthe provisions of this chapter, or ofany ordinance amending or supple-menting such provisions, shall beguilty of a first degree misdemeanorand fined no more than one thousanddollars ($1,000.00) or imprisoned fornot more than six months, or both.

Section 508.01 Definitions

When used in this Chapter, the fol-lowing words shall have the follow-ing meanings:(a) “Central Business District”

means the area defined in Section325.10 of the Codified Ordinances.(b) “Commissary” means a licensed

food facility regulated by a govern-mental entity where food is stored,prepared, portioned, or packaged, orany combination thereof, and wheresuch food is intended for consumptionat another establishment or place.(c) “Community event” means an

event specifically approved grantinguse of street and sidewalk areas with-in a specifically defined area for aperiod of time not exceeding ten (10)days to a community based organiza-tion.(d) “Director” means the Director of

Capital Projects or his or herdesignee.(e) “Permit” means a temporary

sidewalk occupancy permit autho-rized by Section 508.02 of the CodifiedOrdinances.(f) “Permittee” means the person

who owns the vending device permit-ted to occupy a stationary location ona sidewalk.(g) “Sidewalk” means that portion

of the street between the curb lines orthe lateral lines of a roadway and theadjacent property line.(h) “Vending device” means a con-

tainer for the sale, display or trans-port of merchandise by a vendor, orfood items by a mobile food shop,which has wheels and is capable ofbeing moved by one person by muscu-lar power.(i) “Unobstructed Walk” means a

clear, continuous paved surface freeof tree grates, elevator grates and allvertical obstructions.

Section 508.03 Application for Per-

mits

Application for a permit shall bemade to the Director in a form deemedappropriate by him. Such applicationshall include, but not be limited to, thefollowing information:(a) Name and address of the appli-

cant;(b) A description of the vending

device to be located on the sidewalk;(c) The Ohio license number of the

vending device, if applicable;(d) A signed statement that the

applicant is the owner of the vendingdevice;(e) The type of merchandise to be

sold;(f) Evidence that all required

health licenses have been obtained;(g) The location or alternative loca-

tions for which application for permitis made;(h) A signed statement that the per-

mittee shall hold harmless the City ofCleveland, its officers and employeesand shall indemnify the City of Cleve-land, its officers and employees for

any claims or damage to property orinjury to persons which may be occa-sioned by any activity carried onunder the terms of the permit. Permit-tee shall furnish and maintain suchpublic liability, food products liabili-ty, and property damage insurance aswill protect permittee and the cityfrom all claims for damage to proper-ty or bodily injury, including death,which may arise from operationsunder the permit or in connectiontherewith. Such insurance shall pro-vide coverage of not less than fiftythousand dollars ($50,000) for bodilyinjury for each person, one hundredthousand dollars ($100,000) for eachoccurrence and not less than one hun-dred thousand dollars ($100,000) forproperty damage per occurrence.Such insurance shall be without prej-udice to coverage otherwise existingtherein, and shall include the City ofCleveland, its officers and employees,as additional insured. Before conduct-ing business at the location permittedby the Director, permittee shallinclude as an additional insured onthe policies of insurance hereinaboverequired the owner of the propertyabutting the space between the pro-longations of the boundary lines ofthe location which run perpendicularto the curbline to the property line ofthe same side of the street.A separate application and permit

shall be required for each vendingdevice.

Section 508.05 Permitted Locations

(a) The Director shall compile a listof permitted locations where the pres-ence of vending devices on the side-walk would be compatible with thepublic interest in use of street andsidewalk areas as public right-of-way. The Director may modify the listfrom time to time as he or she deemsnecessary.(b) In compiling the list of permit-

ted location the Director may consid-er the width of the sidewalk; the prox-imity and location of existing streetfurniture, including but not limited tosignposts, lamp posts, parkingmeters, bus shelters, benches, phonebooths, and newspaper vendingdevices; the presence of bus stops,truck loading zones, and taxi stands;pedestrian and vehicular traffic pat-terns; and other factors he or shedeems relevant.(c) No permitted location shall be

within ten (10) feet of another per-mitted location. (d) No permitted location shall be

designated where the clear, continu-ous, unobstructed sidewalk for thepassageway of pedestrians is reducedto less than six (6) feet.

Section 508.07 Permitted Vending

Devices

The Director shall issue a permit tothe applicant only if the applicant’svending device meets all of therequirements of this section.(a) The vending device does not

occupy more than twenty-four (24)square feet of sidewalk space; and, asof the effective date of this section, alicense has been approved by theDepartment of Public Health for thevending device.(b) If the vending device has a

heating apparatus, the vendingdevice shall have been inspected andapproved by the Fire Chief or his orher designee for compliance with pro-visions of the City’s Fire PreventionCode and State of Ohio Fire Code.


702

Section 508.08 Requirements and

Conditions of Permit

(a) Permittees and their agentsshall comply with all of the require-ments of this section while engagedin business at permitted locations:(1) Each vending device shall be

attended at all times by at least oneindividual, who shall be licensed pur-suant to Chapter 675 and/or 241.(2) The vending device shall be

placed on the sidewalk only at thelocation set forth in the permit.(3) Except as otherwise provided

by Chapter 241, no vending deviceshall remain in its permitted locationbetween the hours of midnight and6:00 a.m., and no business shall be con-ducted from any permitted locationbetween those hours.(4) Permittees and their agents

shall obey any lawful order of a policeofficer to remove their vendingdevices from the sidewalk if neces-sary to avoid congestion or obstruc-tion in an emergency.(5) Permittees or their agents sell-

ing food items from vending devicesare required to obtain a food shoplicense under Chapter 241.(6) Vending devices shall not be

serviced or cleaned at residences orany other unapproved premises.(7) Permittees and their agents

shall be responsible for keeping thesidewalk area within twenty-five(25) feet of the permitted locationfree of litter. Permittees and theiragents shall provide a suitable con-tainer for the placement of paper,wrappers, and other similar items bycustomers and others.(8) The permit, including a map of

the permitted location, shall beaffixed to the vending device at alltimes that the vending device is locat-ed on the sidewalk.(9) No permittee shall place upon

any sidewalk, street or highway anystand, booth, rack, platform, table,chair, vehicle, or device of any kind,other than a vending device whichcomplies with the provisions of Sec-tion 508.07.(10) Permittees and their agents

shall conduct business in compliancewith all applicable provisions of theCodified Ordinances.(11) No permittee or agent thereof

shall conduct business in violation ofthe provisions of any ordinance pro-viding for a community event.(b) Permits issued by the Director

shall be subject to the following con-ditions:(1) Each permit shall be personal

only and shall not be transferrable inany manner.(2) Each permit is valid only when

used at the location designated in thepermit.(3) The permit as it applies to a

given location may be suspended bythe Council or the Director for up toten (10) days during the holding of acommunity event.

Section 508.09 Permit Suspension

and Revocation

(a) The Director may suspend orrevoke the permit of any permittee ifthe permittee or his or her agentsfails to abide by the provisions of Sec-tion 508.08 or if any required healthlicense has been suspended orrevoked.(b) The Director shall give written

notice of suspension or revocation ofthe permit to the permittee or his orher agent stating the reasons there-for. If the reason for the suspension or

revocation is that a required healthlicense has been suspended orrevoked or that the permittee does nothave a currently effective insurancepolicy as required by division (h) ofSection 508.03, the action shall beeffective upon giving such notice tothe permittee or to his or her agent.Otherwise, such notice shall containthe further provision that the actionshall become final and effective ten(10) days thereafter unless, withinfive (5) days of receipt of the notice,the permittee requests a hearingbefore the Director. The Directorshall forthwith hold the requestedhearing, at which time the permitteeshall be afforded the opportunity togive his or her version of the factswhich gave rise to the Director’saction. After the hearing the Directorshall determine whether to proceedwith the action or to rescind it.The action of the Director may be

appealed in accordance with the pro-visions of the Charter.

Section 675.01 Definitions; Chapter

Scope

(a) For purposes of this chapter:(1) “Commissioner” means the Com-

missioner of Assessments and Licens-es.(2) “Street Vending” or “Vending”

means selling, offering or displayingfor sale, or soliciting another to pur-chase, for present or future delivery,any goods, wares, merchandise, sub-scriptions, services, pre-packagedfrozen desserts, or any combinationthereof from, in, upon, along, orthrough the highways, streets, orsidewalks, door-to-door on residentialproperty, or in the open air or from atemporary shelter or vending deviceupon private property.(3) “Street Vendor” or “Vendor”

means any person who engages instreet vending. “Vendor” does notinclude itinerant vendors or itinerantwholesale produce dealers licensedunder Chapter 682 or food shops orfood vehicles licensed pursuant toChapter 241, unless such food shop orfood vehicle licensed under Chapter241 vends pre-packaged frozendesserts.(4) “Person” means an individual,

corporation, partnership or associa-tion; provided, however, that for pur-poses of Section 675.02, “person” shallmean a natural person only.(5) “Sell” or “selling” includes

barter or bartering.(6) “Sidewalk” means that portion

of the street between the curb lines orthe lateral lines of a roadway and theadjacent property line.(7) “Street” means street, alley,

highway, roadway or avenue, includ-ing all curbs along such streets.(8) “Vending device” means a con-

tainer for the sale, display or trans-port of goods, wares, merchandise, orequipment used for menial tasks by avendor, which has wheels and is capa-ble of being moved by one person bymuscular power.(b) Scope of Chapter. The provi-

sions of this chapter shall not apply tosales made to dealers by commercialtravelers or selling agents in theusual course of business, to bona fidesales of goods, wares, or merchandiseby samples for future delivery, tosales at trade shows or conventions,or to sales by charitable organiza-tions in conjunction with solicitationsfor charity.(c) Nothing in this chapter shall be

construed to prohibit the distribution

of non-commercial handbills, cards,leaflets, or other literature upon thesidewalks of the City.

Section 675.02 Street Vendor’s

License Required; Application

(a) No person shall engage in vend-ing anywhere in the City without avendor’s license issued under Section675.03. The issuance of a vendor’slicense to a person shall not bedeemed to authorize agents oremployees of the person to vend with-out a license.(b) The application for the license

required by division (a) of this sec-tion shall be made to the Commission-er on forms prescribed by the Com-missioner. The application shallinclude the following information:(1) the name and address of the

applicant;(2) a detailed description of the

goods, wares, or merchandise that theapplicant intends to sell; and(3) such other information as the

Commissioner deems necessary toensure compliance with this chapter.(c) In addition to the application

required by division (a) of this sec-tion, each applicant for a vendor ‘slicense shall furnish two (2) pho-tographs of the applicant taken with-in thirty (30) days before the date ofapplication and of a size designatedby the Commissioner.(d) The annual license fee shall be

sixty dollars ($60.00) which shallcover the period beginning August 1and ending July 31 of the followingyear.

Section 675.03 Street Vendor’s

License: Issuance and Replacement

(a) Upon receipt of a completedapplication and all other materialsrequired by Section 675.02, the Com-missioner shall issue to the applicanta vendor’s license and a laminatedidentification card containing theapplicant’s photograph. The identifi-cation card shall be worn by and thelicense shall be kept upon the personof the vendor at all times duringwhich the vendor is engaged in vend-ing.(b) The license issued pursuant to

division (a) of this section shall con-tain the following information:(1) The vendor ‘s name and

address;(2) a detailed description of the

goods, wares, or merchandise whichthe vendor is authorized to sell;(3) the license number and the

license expiration date.(c) In the event that a licensed ven-

dor loses the laminated identificationcard issued pursuant to division (a)of this section, the Commissionershall issue a replacement identifica-tion card upon payment by the vendorof a fee of ten dollars ($10.00).

Section 675.04 Permits Required

A permit is required in each of thefollowing circumstances when vend-ing is occurring upon the highways,streets, or sidewalks, or to businessinvitees upon or from private proper-ty:(a) No person shall engage in vend-

ing upon or from private propertyanywhere in the City without a per-mit issued in accordance with Section675.05.(b) No person shall engage in vend-

ing on the highways, streets or side-walks within the Central BusinessDistrict without a permit issued inaccordance with Chapter 508 or with-


703

out a permit issued in accordancewith Section 675.06.(c) No person shall engage in vend-

ing while moving continuously fromplace to place on the highways,streets or sidewalks of the CentralBusiness District without a permitissued in accordance with Section675.06.(d) No person shall engage in vend-

ing upon or from a fixed location on asidewalk outside of the Central Busi-ness District without a permit issuedin accordance with Section 675.07.(e) No person shall engage in vend-

ing while moving continuously fromplace to place on the highways,streets, or sidewalks outside of theCentral Business District without apermit issued in accordance with Sec-tion 675.08. (f) No person shall engage in vend-

ing in more than five wards pluszones established under Section241.37.

Section 675.041 Street Vendors Advi-

sory Committee

There is established a Street Ven-dors Advisory Committee consistingof three members of Council, one ofwhom shall be designated as chair-man, appointed by the President ofCouncil; one member of the Divisionof Police, appointed by the Chief ofPolice; and one Assistant Director ofLaw, appointed by the Director ofLaw. The Committee shall assist ven-dors licensed under Section 675.03 toresolve problems relating to streetsales and may communicate to theCouncil recommendations for theamendment of this chapter.

Section 675.05 Permit; Vending on

Private Property

(a) Application. The application forthe permit required by division (a) ofSection 675.04 shall be made to theCommissioner. The application shallcontain the following:(1) the vendor’s name, address and

vendor’s license number;(2) the name and address of the

owner of the private property uponwhich the vendor intends to vend;(3) if the vendor is the owner of the

private property, documentation ofthe vendor’s ownership, and if thevendor is not the owner of the privateproperty, documentation, signed bythe property owner, of the vendor’sright to vend on the property;(4) the address of the private prop-

erty on which the vendor intends tovend;(5) a statement of the duration of

the proposed vending activity andwhether the applicant is seeking anannual permit or a short-term permit;(6) a description of the vending

device, if any, from which the vendorintends to vend, including its size andthe distance from the vending deviceto public sidewalks, parking lots, dri-veways and other areas used orusable for vehicular travel or park-ing;(7) a description of proposed trash

storage and waste disposal methods,and a description of any electricaland water connections and any fuelsor electrical generators to be used onthe premises;(8) unless the application is for a

short-term vendor permit, a certifica-tion that the location of the vendingdevice will meet all building setbackrequirements of the Zoning Code andwill not interfere with the safe move-ment of vehicles or pedestrians on thesubject property; and

(9) unless the application is for ashort-term vending permit, if theapplicant proposes to vend on a prop-erty located in a Design Review Dis-trict or a Landmark District, theapplicant shall also submit color pho-tographs showing all sides of thevending device, if any, and a scaleddrawing showing all proposed signsand decorative elements, includingtheir placement, material, and color.(b) Council Notification. On receipt

of a permit application, the Commis-sioner shall notify the Council mem-ber in whose ward the proposed per-mit location lies that the applicationhas been received.(c) Location of Vending Devices.

No person shall locate a vendingdevice on private property so as toviolate building setback require-ments of the Zoning code or so as tointerfere with the safe movement ofvehicles or pedestrians on the subjectproperty.(d) Building and Housing Referral.

The Commissioner shall refer all per-mit applications to the Director ofBuilding and Housing for review andapproval. As part of the review, theDirector of Building and Housingshall determine whether or not theproperty on which the proposed vend-ing is to be conducted is in a DesignReview District, or a Landmark Dis-trict, and shall report that determina-tion to the Commissioner of Assess-ments and Licenses. The Director ofBuilding and Housing shall notapprove the application unless he orshe finds that no provisions of theCity’s Building Code or Zoning Codewill be violated by issuance of thepermit, including without limitation,the following:(1) set back requirements;(2) use restrictions;(3) if the vendor intends to operate

from a “structure” within the meaningof the Building Code, those provisionsof the Building Code applicable to“structures”; and(4) if the vendor intends to operate

from private property that is a park-ing lot, those portions of the ZoningCode that require that a specifiednumber of parking spaces be avail-able for the use of particular busi-ness.(e) Design Review. If the vendor

proposes to operate on a propertywhich is located in a Design ReviewDistrict, the Commissioner of Assess-ments and Licenses shall refer thepermit application to the City Plan-ning Commission for design reviewand approval. In the case of a proper-ty located in a Landmark District, thereferral shall be made to the Land-marks Commission. Design reviewshall not be required if the vendor isproposing to vend under a short-termvending permit.(1) In reviewing the application,

the City Planning Commission orLandmarks Commission, as applica-ble, shall determine the appropriate-ness of any vending devices proposedto be used with respect to the follow-ing factors:A. physical condition and state of

repair;B. compatibility with nearby struc-

tures in terms of color, placement,heights, and general design;C. obstructions to or conflicts with

vehicular or pedestrian traffic;D. availability of electrical connec-

tions, and procedures for garbage andwaste disposal; and

E. impacts on scenic views.(2) The Director of the City Plan-

ning Commission or Secretary of theLandmarks Commission shall trans-mit the Commission’s determinationto the Commissioner of Assessmentsand Licenses within thirty (30) daysof the referral of the applicationunless the Commission conductingthe review has granted the applicantan extension in order to allow for sub-mission of additional materials orrevisions. The Commissions may seekadvice from any designated localdesign review advisory committee.(f) Short-Term Permits. If the vend-

ing activity is proposed to be conduct-ed for a period of seven (7) days orless, the Commissioner may issue ashort-term vending permit, exceptthat if any person or persons haveobtained a short-term vending permitfor a particular location on four prioroccasions in a given permit year,which shall commence August 1 andend July 31 of the following year, thenno person shall be issued a fifth orsubsequent short-term vending per-mit for the same location in that per-mit year. As used in this division, a“particular location” shall mean aproperty or group of contiguous ornoncontiguous properties, whether ornot under common ownership, whichare under a common street address,both as to house or building numberand street name.(g) Permit Issuance and Fee. On

receipt of a completed applicationapproved by the Director of Buildingand Housing and approved, ifrequired, by the City Planning Com-mission or the Landmarks Commis-sion, and on receipt of the applicablepermit fee established by this divi-sion, the Commissioner of Assess-ments and Licenses shall issue a per-mit which shall cover either a periodof seven (7) days or a period of oneyear, commencing August 1 and end-ing July 31 of the following year. Thefee shall be seventy five dollars($75.00) for a seven-day permit andthree hundred seventy five dollars($375.00) for a one-year permit.(h) Display of Permit. The permit

shall be kept on the vending device,truck, or structure at all times duringwhich the vendor is engaged in vend-ing, and shall contain the followinginformation:(1) the vendor’s name and address;(2) the address of the private prop-

erty on which the vendor is autho-rized to vend;(3) the name and address of the

owner of the private property;(4) a description of the vending

device, truck, or temporary structure,if any, from which vending is autho-rized including its size; and(5) the permit number and permit

expiration date.(i) “Vending Device” Defined. As

used in this section, “vending device”has the same meaning as in Section675.01, and shall also include tempo-rary structures, trailers, and othervehicles, carts, stands, and otherdevices from which vending can beconducted, or which can be used todisplay goods.

Section 675.06 Permit: Zones Within

the Central Business District

(a) In addition to the temporarysidewalk occupancy permits issuedunder Chapter 508, the Director ofCapital Projects is authorized to issuepermits to vend in zones in the Cen-tral Business District established by


704

the Director in which the holders ofthe permits may vend on such days, atsuch times of day, and under the con-ditions that the Director determines.The zones shall be created by regula-tion taking into account the followingfactors:(1) pedestrian and vehicular traffic

patterns, including possible conges-tion during special events and sport-ing events;(2) proximity to special events and

sporting events occurring in the Cen-tral Business District and at the lake-front;(3) proximity to retail establish-

ments; and(4) other factors deemed relevant

by the Director of Capital Projects.(b) The application for the permit

authorized by division (a) of this sec-tion shall be made to the Director ofCapital Projects on forms prescribedby the Director. The application shallcontain the following:(1) the vendor’s name, address, and

vendor’s license number;(2) a description of the vending

device, truck, or temporary structure,if any, from which the applicantintends to vend, including its size;(3) the zone or zones for which a

permit is sought; and(4) a description of the items to be

offered for sale.(c) On receipt of a completed appli-

cation and an annual permit fee ofone hundred twenty-five dollars($125.00) per zone or a daily permitfee of thirty dollars ($30.00), theDirector of Capital Projects shallissue the appropriate permit. Anannual permit shall cover the periodcommencing August 1 and endingJuly 31 of the following year.(d) The permit shall be kept on the

vending device, truck, or structure atall times during the time the vendor isengaged in vending and shall containthe following information:(1) the vendor’s name and address;(2) a statement of the zone or zones

in the Central Business District towhich the vendor is restricted;(3) a description of the vending

device, truck, or temporary structure,if any, from which vending is autho-rized, including its size; and(4) the permit number and permit

expiration date.(e) The Director of Capital Projects

may issue rules and regulations tocarry out the purposes of this section.

Section 675.07 Permit; Temporary

Sidewalk Occupancy Outside the Cen-

tral Business District

(a) The application for the permitrequired by division (d) of Section675.04 shall be made to the Director ofCapital Projects on forms prescribedby the Director. On receipt of a permitapplication, the Director of CapitalProjects shall notify the Councilmember in whose ward the proposedpermit location lies that the applica-tion has been received. The applica-tion shall contain the following:(1) the vendor’s name, address, and

vendor’s license number;(2) a sketch and narrative indicat-

ing the location for which the permitapplication is being made, with suffi-cient detail to enable the Director ofCapital Projects to verify the place-ment of the temporary vending devicein accordance with the criteria con-tained in Section 675.09;(3) a description of the vending

device, truck, or temporary structure,if any, from which the applicant

intends to vend, including its size;and(4) a copy of an ordinance of Coun-

cil specifying the location describedin division (a) (2) of this section andauthorizing the vendor to vend fromthat location.(b) On receipt of a completed appli-

cation and a permit fee of one hun-dred dollars ($100.00), the Director ofCapital Projects shall issue a permitwhich shall cover the period begin-ning August 1 and ending July 31 ofthe following year.(c) The permit shall be kept upon

the vending device, truck, or struc-ture at all times during which the ven-dor is engaged in vending, and shallcontain the following information:(1) the vendor’s name and address;(2) the address or description of the

location that the vendor intends tovend;(3) the number and passage date of

the ordinance described in division(a) (4) of this section;(4) a description of the vending


expiration date.

Section 675.08 Permit: Mobile Vend-

ing Outside the Central Business Dis-

trict

(a) The application for the permitrequired by division (e) of Section675.04 shall be made to the Director ofCapital Projects on forms prescribedby the Director. On receipt of a permitapplication, the Director of CapitalProjects shall notify the Councilmember or members in whose ward orwards the vendor intends to vend thatthe application has been received.The application shall contain the fol-lowing:(1) the vendor’s name, address, and

vendor’s license number;(2) a statement that the vendor

intends to move continuously fromplace to place upon those highways,streets, or sidewalks that are locatedoutside of the Central Business Dis-trict. The statement shall specify theward or wards in which the vendorintends to vend;(3) a copy of the ordinance of Coun-

cil specifying the ward or wards inwhich the vendor is authorized tovend; and(4) a description of the vending

device, truck, or temporary structure,if any, from which the applicantintends to vend, including its size.(b) On receipt of a completed appli-

cation and a permit fee of one hun-dred dollars ($100.00), the Director ofCapital Projects shall issue a permitwhich shall cover the period begin-ning August 1 and ending July 31 ofthe following year.(c) The permit shall be kept upon

the vending device, truck, or struc-ture at all times during which the ven-dor is engaged in vending and shallcontain the following information:(1) the vendor’s name and address;(2) the ward or wards in which the

vendor is authorized to vend;(3) the number and passage date of

the ordinance described in division(a) (3) of this section;(4) a description of the vending


expiration date.

Section 675.09 Regulations Govern-

ing Vendors

(a) For purposes of this section:(1) “Merchandise” means goods or

wares, and does not include food orbeverages other than pre-packagedfrozen desserts.(2) “Street” means street, alley,

highway, roadway, or avenue.(b) No vendor shall sell or display

merchandise:(1) to the occupants of vehicles

stopped in traffic;(2) from any vehicle, structure, or

device that is situated in any portionof a street which is designed or ordi-narily used for vehicular travel; or(3) at a location or in a manner that

hinders or restricts access to a tele-phone booth, mail box, parking meter,police or fire call box, traffic controlbox, fire hydrant, or sidewalk eleva-tor, or that blocks, obstructs, orrestricts the free passage of pedestri-ans or vehicles in the lawful use ofthe sidewalks or streets.(c) Unless the Director of Capital

Projects makes a determination tothe contrary, which determination isreflected in the location specified on apermit issued in accordance with thischapter, no vendor shall sell or dis-play merchandise:(1) at any location where the side-

walk is less than ten (10) feet inwidth;(2) within ten (10) feet of a cross-

walk;(3) within that portion of a side-

walk bounded by the prolongation ofeach intersecting abutting propertyline to the respective curblines orwithin ten (10) feet thereof;(4) within ten (10) feet of any door-

way or the prolongation of any door-way width to the curbline; or(5) within twenty (20) feet of

another permitted location, providedhowever, that the distance betweenlocations permitted pursuant to Sec-tion 675.06 shall be in accordance withthe rules and regulations promulgat-ed by the Director of Capital Projectsunder division (e) of Section 675.06.(d) No vendor shall display mer-

chandise or place lines or otherdevices for the display of merchan-dise on any building or on any utilitypole, planter, tree, trash container, orother sidewalk fixture.(e) A vendor who has received a

permit to vend upon private propertyshall not encroach into any street orsidewalk in any way.(f) No vendor shall place any mer-

chandise in or upon any street or side-walk, and all vendors shall exercisereasonable care to ensure that theirmerchandise, packaging, displayequipment or other paraphernaliadoes not create a health or safety haz-ard to customers, other users of thesidewalks and streets, or persons onabutting property.(g) No vendor shall engage in vend-

ing door-to-door on residential proper-ty between the hours of 7:00 p.m. and9:00 a.m.(h) No vendor shall leave a vending

device unattended at any time. leavea vending device on a sidewalkbetween the hours of midnight and6:00 a.m., or conduct business on asidewalk between those hours.(i) A vendor who has received a

permit to vend on public propertyshall obey any lawful order of a policeofficer to remove himself or herselfand his or her vending device entirelyfrom the sidewalk to avoid conges-tion or obstruction during an emer-gency.


705

(j) A vendor who is required tomove continuously from place toplace shall locate any vending device,equipment and merchandise adjacentand parallel to a curb when stoppedfor a sale.(k) No vendor shall make any loud

or unreasonable noise for the purposeof advertising or drawing attention tomerchandise or for any other purpose.(l) All vendors shall comply with

all requirements of applicable stateand local law, including, without lim-itation, the City’s Fire PreventionCode and State of Ohio Fire Code.(m) No person shall vend pre-pack-

aged frozen desserts within the Citywho has been convicted of or pledguilty to any of the following crimi-nal offenses:(1) any offense involving a minor;(2) any sexually oriented offense,

including, but not limited to, corrup-tion of a minor, sexual imposition,importuning, voyeurism, public inde-cency, procuring, soliciting, prostitu-tion, loitering for the purpose ofengaging in prostitution, disseminat-ing material harmful to juveniles,deception to obtain material harmfulto juveniles, possession of obscenematerial involving a minor, posses-sion of sexually oriented materialinvolving a minor, possession of nudi-ty-oriented material involving aminor, and displaying matter harmfulto juveniles;(3) any assault within seven years

after service of sentence after convic-tion or guilty plea; and(4) unlawful possession of weapons

within five years after conviction orguilty plea; and(5) any homicide offense in Ohio

Revised Code Chapter 2903 or any sub-stantially similar homicide offenseunder any municipal or state law.(n) Any applicant for a license or

permit under this Chapter to vend pre-packaged frozen desserts shall list onthe application their name, address,date of birth, and social security num-ber, and shall provide an affidavitstating that the applicant has notbeen convicted of or pled guilty to anyof the criminal offenses listed in sub-division (m). Any employer applyingfor a permit to vend pre-packagedfrozen desserts shall list the name,address, date of birth, and social secu-rity number of each employee or per-son who will be vending pre-pack-aged frozen desserts.(o) The Commissioner of Assess-

ments and Licenses shall refuse togrant a license or permit under thisChapter to vend pre-packaged frozendesserts or shall revoke a license orpermit under this Chapter to vend pre-packaged frozen desserts, for any oneor more of the following reasons:(1) the applicant has been convict-

ed of or pled guilty to any criminaloffense involving a minor or anyother criminal offense listed in divi-sion (m);(2) the applicant fails to provide

the information required by division(n);(3) the applicant makes or made a

false statement in the license or per-mit application; or(4) the applicant fails to report a

conviction that occurs during thelicense or permit period.(p) No person shall vend pre-pack-

aged frozen desserts without postingthe permit in a conspicuous locationin each vehicle used to vend pre-pack-aged frozen desserts.

(q) On every permit to vend pre-packaged frozen desserts, the Com-missioner of Assessments and Licens-es shall list the name of each employ-ee or individual authorized to vendpre-packaged frozen desserts onbehalf of the applicant. (r) There shall be no vending of

pre-packaged frozen desserts after9:00 p.m.

Section 675.10 Revocation or Sus-

pension of License or Permit; Appeals

(a) The Commissioner may at anytime revoke or suspend any license orpermit granted by the Commissionerunder the authority of this chapter forfailure to comply with the terms ofthis chapter or with any law, rule orregulation relating to vendors or theconduct of their business.(b) The Director of Capital Projects

may at any time revoke or suspendany permit granted by said directorunder the authority of this chapter forfailure to comply with the terms ofthis chapter or with any law, rule orregulation relating to vendors orencroachments in the rights-of-way ofthe City.(c) In case of the refusal to issue a

license or permit or the revocation orsuspension of a license or permit bythe Commissioner or by the Directorof Capital Projects, the applicant orlicensee may appeal the Commission-er’s or Director’s action to the Boardof Zoning Appeals, established underCharter Section 76-6. Notice of suchappeal shall be in writing and shallbe filed with the Board within ten(10) days from the date of the Com-missioner’s or Director’s action. With-in ten (10) days after the filing ofsuch notice, the Board shall proceedto hear such appeal, at which hearingall parties interested shall be afford-ed an opportunity to be heard. TheBoard shall render a decision withinten (10) days of the conclusion of thehearing. The Board may sustain, dis-approve or modify the Commission-er’s or Director’s action, and theBoard’s decision shall be final.

Section 675.99 Penalty

(a) Whoever violates any of theprovisions of this chapter is guilty ofimproper vending, a minor misde-meanor, and shall be fined one hun-dred fifty dollars ($150.00). The fineset forth herein is mandatory andshall not be suspended by the court inwhole or in part. Each day uponwhich a violation occurs or continuesshall constitute a separate offenseand shall be punishable as such here-under.(b) In addition to any other method

of enforcement provided for in thischapter, the provisions of division (a)of this section may be enforced by theissuance of a citation in compliancewith Rule 4.1 of the Ohio Rules ofCriminal Procedure.(c) If the offender persists in

improper vending after reasonablewarning or request to desist, improp-er vending is a misdemeanor of thefirst degree.

Section 2. That the following exist-ing sections of the Codified Ordi-nances of Cleveland, Ohio, 1976:Sections 241.01, 241.02, and 241.03, as

enacted by Ordinance No. 2163-01,passed May 20, 2002,Section 241.05, as amended by Ordi-

nance No. 2303-04, passed January 24,2005,

Sections 241.06, 241.07, 241.32, and241.99, as enacted by Ordinance No.2163-01, passed May 20, 2002Sections 508.01, 508.03, 508.05, and

508.07, as enacted by Ordinance No.1611-83, passed June 27, 1983,Section 508.08, as amended by Ordi-

nance No. 1428-92, passed July 22, 1992,Section 508.09, as enacted by Ordi-


nance No. 1158-09, passed October 5,2009,Section 675.02, as amended by Ordi-

nance No. 2393-02, passed February 3,2003,Section 675.03, as amended by Ordi-

nance No. 1428-92, passed July 22, 1992,Section 675.04, as amended by Ordi-

nance No. 1158-09, passed October 5,2009,Section 675.041, as enacted by Ordi-

nance No. 1612-83, passed June 27,1983,Sections 675.05, 675.06, 675.07, and

675.08, as amended by Ordinance No.2393-02, passed February 3, 2003,Section 675.09, as amended by Ordi-

nance No. 1203-10, passed November29, 2010, Section 675.10, as amended by Ordi-


nance No. 137-A-91, passed June 17,1991are repealed.

Section 3. That the Codified Ordi-nances of Cleveland, Ohio, 1976, aresupplemented by enacting new Sec-tions 241.051, 241.36, 241.37, and 241.38to read as follows:

Section 241.051 Food Vehicle Per-

mit; Fee

(a) No business vehicle used regu-larly for the transportation or deliv-ery of food, except a commercial car-rier transporting food incidental toother deliveries, shall transport ordeliver food in the City without theowner or leasee first obtaining anannual food vehicle permit for thevehicle.(b) For a food vehicle permit the

annual fee shall be twenty-five dol-lars ($25.00).(c) Food vehicle permits shall

expire not later than the last day ofFebruary of the next ensuing yearafter issuance, and they shall not betransferable except upon the sale ordisposition of the food vehicle. A per-mit shall not be transferred more thanonce in a licensing period.(d) The Commissioner of Assess-

ments and Licenses shall submit allapplications for a food vehicle permitto the City of Cleveland Director ofPublic Health for approval or disap-proval of the application.

Section 241.36 Mobile Food Shops –

Area Restrictions and Regulations

(a) No mobile food shop shall oper-ate outside an organized vendingzone in contravention of the regula-tions provided by Section 241.38 ofthis Chapter and other rules and reg-ulations promulgated under Section241.01.(b) No mobile food shop shall oper-

ate inside an organized vending zonein contravention of the regulationsprovided by Section 241.38 and otherrules and regulations promulgatedunder Section 241.01, except as such


706

regulations are modified by the Direc-tor of Capital Projects in establishingthe organized vending zone.


Organized Vending Zones

(a) The Director of Capital Pro-jects, in consultation with the Direc-tor of Planning, is authorized toestablish organized vending zones,upon written approval of the councilperson representing the ward inwhich the organized vending zoneshall be located, wherein the holdersof a food shop license may operate onsuch days, at such times of day, andunder the conditions that the Directordetermines. The zones shall be creat-ed by regulation taking into accountthe following factors:(1) pedestrian and vehicular traffic

patterns, including possible conges-tion during special events and sport-ing events;(2) proximity to special events and

sporting events;(3) proximity to permanent food

establishments; and(4) other factors deemed relevant

by the Director of Capital Projects.(b) The regulations establishing

organized mobile food shop vendingzones shall first be published in TheCity Record with the effective dateand may be rescinded in the samemanner.(c) In establishing organized vend-

ing zones, the Director of Capital Pro-jects may provide additional or con-trary regulations that may be in vari-ance with those provided for by sec-tion 241.38(b) of this chapter.(d) An established organized vend-

ing zone may be dissolved in the samemanner as it is created or by a vote ofCouncil.(e) The Director of Capital Projects

may issue rules and regulations tocarry out the purposes of this section.Such rules and regulations shall bepublished in The City Record andbecome effective seven (7) days afterpublication.


Regulations

(a) No mobile food shop shall sellfood items, display food items, or con-duct vending operations:(1) to the occupants of vehicles

stopped in traffic;(2) from any trailer, including a

trailer hitched to a motor vehicle,structure or other device, that is situ-ated in any portion of a street whichis designed or ordinarily used forvehicular travel, except a motorizedvehicle on the portion of a streetwhere and during the hours that park-ing is permitted;(3) at a location or in a manner that

hinders or restricts access to a tele-phone booth, mail box, parking meter,police or fire call box, traffic controlbox, fire hydrant, or sidewalk eleva-tor, or that blocks, obstructs, orrestricts the free passage of pedestri-ans or vehicles in the lawful use ofthe sidewalks or streets;(4) from any portion of the side-

walk within the Central Business Dis-trict without a proper permit pur-suant to Chapter 508; (5) from any vending device that

does not comply with Code 58: Lique-fied Petroleum Gas, as promulgatedby the National Fire Protection Asso-ciation; or(6) from a vehicle, structure or

device that is more than 40 feet inlength.

(b) Unless the Director of CapitalProjects makes a determination tothe contrary, which determination isreflected in the scope of a zone estab-lished in accordance with this chap-ter, no vendor shall sell or displayfood items:(1) at any location where the side-

walk is less than ten (10) feet inwidth;(2) within ten (10) feet of a cross-

walk;(3) within that portion of a side-

walk bounded by the prolongation ofeach intersecting abutting propertyline to the respective curblines orwithin ten (10) feet thereof;(4) within ten (10) feet of any door-

way or the prolongation of any door-way width to the curbline;(5) within ten (10) feet of another

mobile food shop;(6) within one hundred (100) adja-

cent linear feet of a food service oper-ation operating from a fixed and per-manent location existing at the timeof license issuance or renewal andduring its hours of operation; or(7) notwithstanding any provision

to the contrary contained in chapter508, on a sidewalk between the hoursof 3:00 a.m. and 6:00 a.m.(c) No vendor shall:(1) display food items or place lines

or other devices for the display offood items on any building or on anyutility pole, planter, tree, trash con-tainer, or other sidewalk fixture;(2) place any food items in or upon

any street or sidewalk;(3) use liquefied petroleum gas, or

other flammable substances, withouta required permit pursuant to Section385.18;(4) leave a vending device unat-

tended at any time;(5) make any loud or unreasonable

noise for the purpose of advertising ordrawing attention to its food shopoperations or for any other purpose;or(6) conduct business without mak-

ing available a container suitable forthe placement of litter;(7) throw or deposit any merchan-

dise, packaging, containers, fat,grease, paper or other litter on anystreets or sidewalk or in any sewer; or(8) place or affix any advertising

material and signage to any locationother than flat upon the vendingdevice being used in its operations. (d) All vendors:(1) shall obey any lawful order of a

police officer to remove himself orherself and his or her vending deviceentirely from the sidewalk to avoidcongestion or obstruction during anemergency;(2) comply with all requirements of

applicable state and local law, includ-ing, without limitation, the City’sFire Prevention Code, the State ofOhio Fire Code, and the City’s TrafficCode;(3) selling or offering pre-pack-

aged frozen desserts shall first belicensed as otherwise required underChapter 675 in addition to the licenseand/or permits required by this Chap-ter;(4) selling merchandise or non-food

items shall first obtain a license andpermit pursuant to Chapter 675 inaddition to the license and/or permitsrequired by this Chapter; (5) shall exercise reasonable care

to ensure that their operations do notcreate a health or safety hazard tocustomers, other users of the side-

walks and streets, or persons on abut-ting property; and(6) Directly handling food must be

free of communicable disease toreduce the risk of food borne diseasetransmission and adhere to all provi-sions of OAC 3717-1-02.1 pertaining tomanagement and employee health.(e) No mobile food shop shall oper-

ate on private property contrary tothe requirements of this division.(1) Any mobile food shop operating

on private property must be the ownerof the private property, and maintaindocumentation of the operator’s own-ership, or if the operator is not theowner of the private property, docu-mentation, signed by the propertyowner, of the operator’s right to oper-ate on the property. Such documenta-tion must be notarized and be readilyavailable and produced upon demandby any City official.(2) Except as provided in this divi-

sion, no mobile food shop shall belocated on private property closerthan ten (10) feet from any publicsidewalk, as measured from the side-walk to the closest point on themobile food shop. The mobile foodshop, however, may be located closerthan ten (10) feet to a public sidewalkif the vending device is set back atleast twenty (20) feet from the insideedge of the tree lawn or, if no treelawn exists, at least twenty (20) feetfrom the outside edge of the curb.(3) No mobile food shop shall be

located to impede ingress to or egressfrom any structure, nor be locatedwithin ten (10) feet of a fire exit orescape.(4) A vendor who is operating upon

private property shall not encroachinto any street or sidewalk in anyway.(5) A mobile food shop operating on

lands owned by the City must firstobtained written permission from theDepartment of Public Works or theDepartment of Port Control, as applic-able. Such use shall be conditionedupon compliance with this chapterand additional restrictions that maybe imposed by the City.(f) The Director of Capital Projects

may issue additional rules and regu-lations to carry out the purposes ofthis section. Such rules and regula-tions shall be published in The CityRecord and become effective seven(7) days after publication.

Section 4. That Chapter 675 of theCodified Ordinances of Cleveland,Ohio, 1976, is renamed to “Street Ven-dors.”

Section 5. That the Director of Pub-lic Health shall report to the membersof Council on the effectiveness of thisordinance no later than September 28,2011.

Section 6. That Sections 241.05,241.051, 241.36, 241.37 and 241.38, asamended and enacted by this ordi-nance, shall expire and be of no fur-ther force and effect on November 28,2011.

Section 7. That this ordinance isdeclared to be an emergency measureand, provided it receives the affirma-tive vote of two-thirds of all the mem-bers elected to Council, it shall takeeffect and be in force immediatelyupon its passage and approval by theMayor; otherwise it shall take effectand be in force from and after the ear-liest period allowed by law.Passed April 25, 2011.Effective April 25, 2011.


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