§ 723-44. Mobile Food Vending; Operating Restrictions.

The city manager or his or her designee is authorized to grant revocable street privileges for the placement of mobile food vendors subject to the following restrictions:

(a)

Mobile food vending shall be allowed only:

i.

Within the designated zones;

ii.

On private property with the permission of the owner;

iii.

In accordance with a permit or concessionaire agreement entered into pursuant to Chapter 739 of the Municipal Code; or

iv.

As otherwise permitted by a revocable street privilege issued pursuant to Section 723-16 of the Municipal Code.

(b)

Mobile food vendors who operate under a revocable street privilege issued pursuant to Section 723-16 of the Municipal Code or who operate under a permit or concessionaire agreement issued pursuant to Chapter 739 of the Municipal Code shall continue to be regulated by the provisions of those sections.

(c)

Mobile food vendors must be actively engaged in vending operations at all times while occupying any space in the designated zones.

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(d)

Mobile food vendors may operate in the designated zones only during the hours listed below:

Designated Zone	Hours of Operation
Court Street Market Zone	6:00 a.m. - 3:00 p.m.
Purple People Bridge Zone	6:00 a.m. - 3:30 a.m.
Fountain Square/South Vine Street Zone	6:00 a.m. - 3:30 a.m.
Fountain Square/North Fifth Street Zone	6:00 a.m. - 3:30 a.m.
Fountain Square/South Fifth Street Zone	6:00 a.m. - 3:30 a.m.
Fountain Square/North Vine Street Zone	6:00 p.m. - 3:30 a.m.
University Hospital Zone	6:00 a.m. - 3:30 a.m.
Washington Park Zone	6:00 a.m. - 3:00 p.m.
Over-the-Rhine 12th Street Zone	6:00 p.m. - 3:30 a.m.

 

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(e)

Mobile food vendors shall not occupy any space in the designated zones outside the hours of operation listed above.

(f)

Spaces within the designated zones will be available on a first-come, first-served basis each day. Issuance of a revocable street privilege under this section does not guarantee access to a particular designated zone, nor does it guarantee that space will be available. The designated zones are available only to mobile food vendors who have a valid revocable street privilege issued pursuant to this section.

(g)

Mobile food vendors shall keep the area within a 5 foot radius of their unit clear of all litter and debris arising from their operations.

(h)

Mobile food vendors shall be responsible for removing all waste generated by the internal operations of their unit. Such waste shall not be placed in city trash receptacles.

(i)

Mobile food vendors may not operate in any manner that blocks, obstructs, or restricts the free passage of vehicles or pedestrians in the lawful use of the sidewalks or highways or ingress or egress to the abutting property.

(j)

Mobile food vending units shall not exceed thirty-one feet (31') in length or eight feet, five inches (8'5") in width.

(k)

Revocable street privileges and food service licenses must be kept on the mobile food vending unit at all times and must be available for immediate inspection.

(l)

Mobile food vendors shall not park in a way that prevents other trucks from parking in otherwise available spaces.

(m)

Mobile food vendors shall place a tarp or other impermeable material under their unit when parked in order to protect the sidewalk or pavement from damage or staining.

(n)

Mobile food vendors may set up tables and chairs in the space immediately in front of their units, provided that the tables and chairs do not impede other trucks from parking in otherwise available spaces, and further provided that the tables and chairs are placed:

i.

Only on paved surfaces;

ii.

In a location that does not block the entrance or exit of any building;

iii.

In a location that does not block access to buses at bus stops, fire escapes, sidewalk access doors, traffic or street lighting equipment, utility valve boxes or other utility equipment;

iv.

In a location that is not less than 5 feet from any alley, pedestrian crosswalk, driveway, curb cut, curb ramp or fire hydrant, and not less than 4 feet from any bicycle rack; and

v.

So that an open area of not less than 4 feet is available for pedestrian traffic around the tables and chairs.

(o)

Mobile food vendors may display advertising consisting only of the mobile food vendor name and logo and any items sold or available from the mobile food vendor. All other advertising is prohibited.

(p)

Mobile food vendors shall not have access to locations within the designated zones during special events designated by the city pursuant to a special event permit issued under Chapter 765 of the Municipal Code or pursuant to a special notwithstanding ordinance.

(q)

In the case of mobile food vending units that are pulled or hauled by separate vehicles, the mobile food vending unit shall be detached from the vehicle by which it was hauled (the "hauling vehicle"). The hauling vehicle shall be parked in a regular, lawful parking space and shall not occupy space in any designated zone.

(r)

Mobile food vendors shall not utilize the city's electrical outlets, unless specifically authorized by the city, within the court street zone due to electrical current overload issues requiring frequent, subsequent repairs by the city.

(Ordained by Emer. Ord. No. 096-2013, § 3, eff. April 17, 2013)