ORDINANCE NO. 07-2014
AN ORDINANCE TO ENACT CHAPTER 719, SECTIONS 719.01, 719.02, 719.03, 719.04, 719.05, 719.06, 719.07, 719.08, 719.09, 719.10, 719.11 AND 719.12 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE, OHIO PERTAINING TO FOOD TRUCK STANDARDS
WHEREAS, the Council of the Village of Granville, Ohio, has determined that it is necessary to update the zoning code of the Village.
NOW, THEREFORE, BE IT ORDAINED that the Council of the Village of Granville, Licking County, Ohio hereby enacts the following provisions pertaining to the vending and sale of food and related products within the Village.
Section 1. That Section 719.01 of the Codified Ordinances is hereby enacted as follows:
(a) “Event Holder” means a person, group, or organization responsible for the hosting or operation of a Permitted Event.
(b) “Food” shall mean 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 consumption.
(c) “Food Service Operation” means, for the purposes of a mobile food vending permit, a place, location, site, or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. As used in this division, “served” means a response made to an order for one or more individual portions of food in a form that is edible without washing, cooking, or additional preparation and “prepared” means any action that affects a food other than receiving or maintaining it at the temperature at which it was received.
(d) “Food Truck” means a licensed, motorized vehicle or mobile food unit which is temporarily located on a premise to sell food items to the general public.
(e) “Health License” means an official document issued by a department of health pursuant to Section 3701 of the Ohio Revised Code. Such document shall be an annual health license.
(f) “Ice Cream Truck” means motor vehicles from which ice cream, popsicles, ice sherbets, frozen desserts or other similar items are sold.
(g) “Licensing Period” means the sixteenth (16th) day of March to the fifteenth (15th) day of March of the next succeeding year.
(h) “Mobile Food Vending Permit” means an official document issued by the Planning & Zoning Department authorizing operation of a mobile food vending unit within the corporate limits of the Village of Granville.
(i) “Mobile Food Vending Unit” means a food service operation or retail food establishment that is operated from a food truck. For the purpose of a mobile food vending permit, “mobile food vending unit” excludes food delivery operations and vending machines, as defined in Ohio Revise Code 3717.01(L).
(j) “Mobile Food Vendor” means every corporation, association, joint stock association, person, firm or partnership, their lessees, directors, receivers, trustees, appointees by any court whatsoever, or the heirs, executors, administrators, or personal representatives or assignees of any deceased owner, owning, controlling, operating or managing any mobile food vending unit.
(k) “Non-Incorporated Children’s Stands” shall mean a non-incorporated business that is commonly owned and operated by a child or children to sell lemonade or other beverages (e.g. iced tea, coffee, hot chocolate, etc.) and snack foods (e.g. cookies, etc.)
(l) “Operator” means the individual who manages one (1) or more mobile food vending units whether as the owner, an employee of the owner or as an independent contractor.
(m) “Permanently revoke” means to terminate all rights and privileges under a mobile food vending permit for a period of ninety (90) days or greater and to render the holder of the permit ineligible to reapply for said permit.
(n) “Permitted Events” means the events listed within Exhibit A of the Ordinance, as may be amended from time to time by the Council.
(o) “Public Event” means any public activity or gathering or assemblage of people, other than a special event, that is open to the general public for admission requires payment for entrance, attendance or participation, and requires the issuance of a health license or temporary health license pursuant to Ohio Revised Code 3717.01 for participating mobile food vendors. “Public event” includes, by way of example and not by way of limitation, a sporting event at an arena or stadium, a state fair, a concert, or a theatre production.
(p) “Revoke” means to terminate all rights or privileges under a mobile food vending permit for a period not to exceed ninety (90) days after which the individual must reapply for a permit.
(q) “Special Event” means any activity or gathering or assemblage of people upon
public property or in the public right-of-way for which a street closure, race event, parade permit, community market, or other like permit has been issued by the Village of Granville.
(r) “Suspend” means to temporarily deprive a permittee of rights or privileges under a permit for a period not to exceed ninety (90) days.
(s) “Vending” shall mean the sale of food to a person who is the ultimate consumer. Such sales do not include those from a vending machine, as defined in Ohio Revised Code 3717.01(L).
Section 2. That Section 719.02 is hereby enacted as follows:
719.02 PERMIT REQUIRED FOR OPERATION.
(a) No individual or organization shall operate, or cause to be operated, any mobile food vending unit within the corporate limits of the Village of Granville without a current and valid Mobile Food Vending Permit and applicable health license issued in accordance with laws, rules and regulations established in the Ohio Revised Code, the Ohio Administrative Code, or the Village of Granville Codes, whichever is applicable.
(b) Mobile Food Vending units, to be located on private property, that only operate as part of a special event or public event shall not require a mobile food vending permit. Such units must comply with any health licensing requirements of the State of Ohio.
(c) Nothing in this chapter shall be construed as superseding, supplanting, or otherwise replacing any duty imposed by Ohio Revised Code Chapter 3701 or 3717, or rules or regulations promulgated thereunder, upon an application for a health license, or upon a department of health in the conduct of its responsibilities relative to mobile food vending units.
Section 3. That Section 719.03 is hereby enacted as follows:
719.03 APPLICATION FOR PERMIT.
(a) An application for a Mobile Food Vending permit must be submitted by the owner of the unit or owner of the business to the Village Planning and Zoning Department. A separate application must be submitted for each unit. Application for a Mobile Food Vending permit shall be on a form prescribed by the Planning and Zoning Department and shall substantially comply with subsection (b) of this section.
(b) Application for a Mobile Food Vending permit shall be made under oath and shall contain the following information and/or material:
1. Name, permanent address, telephone number, electronic mail address, date of birth, and driver’s license number of the mobile food vending unit owner;
2. Business name or DBA, permanent address, and telephone number, if different from the owner information;
3. Proof of Ohio Department of Taxation Itinerant Vendors License, if required; (when required)
4. A physical description of the unit proposed to be licensed for mobile food vending;
5. Current and valid state vehicle registration information for the unit proposed to be permitted for mobile food vending;
6. Proof of a Village income tax filing number or exemption from the Village of Granville division of income tax;
7. Proof that the applicant is current and compliant in the payment of any Village of Granville taxes on payroll and net profits at the time such proof is submitted; or if the applicant is not current and compliant in the payment of any Village of Granville taxes on payroll and net projects, that the applicant has entered into an agreement to pay any delinquency and is abiding by the terms of the agreement at the time such proof is submitted;
8. Proof of a filing number or exemption from the Ohio Department of Taxation;
9. Affirmation that, upon issuance of a permit, the applicant will provide to the Planning and Zoning Department written documentation of any change in the information required by this chapter, as well as written documentation of any modification, damage, destruction, or decommissioning of the unit, within thirty (30) calendar days of any such change; and
10. Location of the proposed business. If private property, letter of support from the property owner shall be submitted with the application.
11. Payment of a mobile food vending permit annual fee of $200.00. If a mobile food vending permit is applied for after August 15th of any calendar year the permit fee shall be prorated to $100.00.
(c) The Planning and Zoning Department must examine all applications for a Mobile Food Vending permit under this chapter and make, or cause to be made, any further investigation into the application as is deemed necessary in order to make a timely determination regarding the application.
(d) The Planning and Zoning Department shall provide a written determination to each applicant. If a complete application for a mobile food vending permit is not approved, any reason(s) for that determination must be provided to each applicant in writing.
Section 4. That Section 719.04 is hereby enacted as follows:
719.04 OPERATING REQUIREMENTS.
(a) Mobile Food Trucks shall obtain all applicable approvals and permits, and shall follow all applicable processes as required by the Village and/or the Event Holder.
(b) Mobile Food Trucks shall comply with all local, state, and federal laws, regulations and ordinances.
(c) Mobile Food Trucks shall be permitted as follows:
1. Shall be permitted within the following commercial and institutional districts:
a. Community Service District (CSD)
b. Institutional District (ID)
c. Planned Commercial District (PCD)
d. Village Gateway District (VGD)
e. Suburban Business District (SBD)
f. Village Institutional District (VID) on a special permit basis
2. Shall be located on a lot containing a principal building, must be parked on a hard surfaced area and the maximum number of food trucks per lot is limited as follows:
a. Maximum of 1 food truck on lots between one-quarter acre and 1 acres; and
b. Maximum of 2 food trucks on lots greater than 1 acre.
c. For purposes of the limitations in this Section, adjacent lots under common ownership shall be considered as a single lot.
(d) Site requirements:
1. Shall be located at least 250 feet from the main entrance to any eating establishment or similar food service business, 250 feet from any outdoor dining area as measured from the designated location on the lot accommodating the food truck. In the event that one or more of the aforementioned uses locates within the minimum separation requirement subsequent to the food truck location being approved, the approved Mobile Food Truck may continue to operate at the approved location until the food truck permit has expired.
2. Shall be located at least 5 feet from the edge of any driveway or public sidewalk, utility boxes and vaults, handicapped ramp, building entrance, exit or emergency access/exit way, or emergency call box and must not locate within any area of the lot that impedes, endangers, or interferes with pedestrian or vehicular traffic. Food trucks must be located a minimum distance of 25 feet in all directions from any fire hydrant(s).
3. The Mobile Food Truck must not occupy parking spaces required to fulfill the minimum requirements of the principal use.
4. All parking required by the addition of the Mobile Food Truck to the property must be fulfilled on-site, must be hard surfaced, and must be in addition to any required parking spaces for the principal use, unless the principal use’s hours of operation do not coincide with those of the food truck.
5. Associated seating must not occupy parking spaces required to fulfill the minimum requirements of the principal use, unless the principal use’s hours of operation do not coincide with those of the food truck business.
6. Associated seating must not occupy parking spaces that may be leased to other businesses and used to fulfill their minimum parking requirements.
7. Associated seating must be removed from all permitted locations during impermissible house of operation and must not be stored, parked, or left overnight on any public street or sidewalk.
8. Associated seating areas are only permitted on lots 2 acres or greater in size.
9. Associated seating areas must not occupy any handicap accessible parking spaces.
10. The Mobile Food Truck vendor is responsible for the proper disposal of waste and trash associated with the operation. Village trash receptacles shall not be used for this purpose. Vendors must remove all waste and trash from their approved location at the end of each day or as needed to maintain the health and safety of the public. The vendor must keep all areas within 5 feet of the truck and associated seating area clean of grease, trash, paper, cups or cans associated with the vending operation.
11. No liquid waste or grease is to be disposed of in tree pits, storm drains or onto the sidewalks, streets, or other public space. Under no circumstances can grease be released or disposed of in the Village’s sanitary sewer system.
12. No free-standing signage or audio amplification is allowed as part of the food trucks vending operation. Mobile food trucks are otherwise exempt from signage regulations in Granville Codified Ordinance Chapter 1189.
13. Hours of operation are limited to the hours between 7:00 a.m. and 10:00 p.m. In the Institutional District mobile food trucks are limited to the hours between 7:00 am and 1:00 am. Mobile food trucks are required to be removed from the premises during non-business hours.
14. Operator or their designee must be present at all times except in cases of an emergency.
(e) The following activities shall be exempted from the chapter within the Village:
1. Ice Cream Trucks; and
2. Non-Incorporated Children’s Stands.
Section 5. That Section 719.05 is hereby enacted as follows:
719.05. SPECIAL EVENTS AND PUBLIC EVENTS, PERMITS NOT REQUIRED.
(a) No mobile food vending permit shall be required for any mobile food vending unit that operates exclusively as a subset of a Village approved Special Event, within the approved areas and time frames.
(b) No mobile food vending permit shall be issued within the right-of-way or on Village property, unless part of a non-profit Special Event.
Section 6. That Section 719.06 is hereby enacted as follows:
719.06 OPERATION ON PRIVATE PROPERTY ONLY.
(a) Individuals or organizations shall be permitted to operate or cause to be operated any Mobile Food Vending Unit on private property within the corporate limits of the Village of Granville after meeting the permit and fee requirements of this chapter, unless otherwise exempted by this chapter.
(b) Operation of a Mobile Food Vending Unit on private property must be in compliance with all applicable zoning requirements related to commercial activity on private property.
Section 7. That Section 719.07 is hereby enacted as follows:
719.07 EXPIRATION AND RENEWAL OF PERMIT.
(a) Each permit issued under this chapter shall expire on the fifteenth (15th) day of March following the date of issue.
(b) Each permitee must comply with the application and inspection requirements of this chapter to receive a new permit for the succeeding permit period.
Section 8. That Section 719.08 is hereby enacted as follows:
719.08 TRANSFER OF PERMIT PROHIBITED.
No Mobile Food Vending Permit issued under this chapter shall be transferred or assigned by the named permitee to any other individual or organization, or to any other Mobile Food Vending Unit. Should a change in ownership of a Mobile Food Vending Unit occur at any time, the succeeding owner must comply with the application, inspection and fee requirements of this chapter.
Section 9. That Section 719.09 is hereby enacted as follows:
719.09 PERMIT SUSPENSION, REVOCATION.
(a) Permits issued under this chapter may be suspended or revoked by the Village for one or more of the following reasons:
1. Fraud, misrepresentation or bribery in securing a permit or during the course of business; or
2. Violation of any provision of this chapter; or
3. Failure to display the Mobile Food Truck permit as issued; or
4. Failure to have valid permits or licenses required by the Licking County Health Department or any other Village, state or federal agency; or
5. Conviction of any criminal or traffic offense while using a Food Cart or Mobile Food Truck or conviction of any criminal offense involving theft or fraud; or
6. For any of the reasons which could have been grounds for refusing to issue the original license; or
7. Knowingly allowing another person to use a Mobile Food Truck in violation of any provision of this chapter.
8. For other good cause at the discretion of the Village Manager.
Section 10. That Section 719.10 is hereby enacted as follows:
Any individual or organization who has been refused a permit or renewal of a permit under this chapter or has had a permit issued under this chapter suspended or revoked, may appeal such decision as provided in Section 1139.04(a) of the Zoning Ordinance.
Section 11. That Section 719.11 is hereby enacted as follows:
719.11 SEVERABILITY CLAUSE.
If any particular portion of this chapter is declared to be invalid by a court of competent jurisdiction, such declaration of invalidity shall be limited to the particular portion declared invalid. This declaration of invalidity shall not affect or impair the remainder of this chapter, and to this end, the provisions are severable.
Section 12. That Section 719.12 is hereby enacted as follows:
(a) A violation of any section of this chapter shall be deemed a criminal violation as follows:
1. Whoever violates Section 719.02 shall be guilty of a misdemeanor of the first degree. Any such violation shall constitute a separate offense on each successive day continued. Strict liability is intended to be imposed for a violation of this section.
2. Whoever violates any other section of Chapter 719 shall be guilty of a minor misdemeanor Strict liability is intended to be imposed for a violation of these sections.
3. A violation of any section of chapter 719 may be grounds for the suspension, revocation or permanent revocation of the Mobile Food Truck permit or in the case of a new application may be grounds to refuse to issue such permit for a determinate period of time up to ninety (90) days or permanently, in addition to any other penalties established for such violation in applicable section of the Village of Granville Codes.
Section 13. This ordinance shall become effective upon the earliest date allowed by the laws of the State of Ohio and the Charter of the Village of Granville.
Passed this 3rd day of September, 2014.