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~tQ'/, Qb\0 City of Troy us~ TROY CITY COUNCIL COMMITTEE MEETING NOTICE COUNCIL CHAMBERS, CITY HALL
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City of Troy
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TROY CITY COUNCIL
COMMITTEE MEETING NOTICE
COUNCIL CHAMBERS, CITY HALL
100 S. MARKET STREET, TROY, OHIO

Monday. October 12. 2015. 5:30 PM

Law & Ordinance Committee

(Schweser [Chm.], Phillips, Snee)

  • 1. Provide a recommendation to Council regarding proposed amendments to Ordinance Chapter 721 to provide opportunities during certain special events and events that may be sponsored by City at which mobile food vendors may exceed the one hour time fame to remain stationary in one location and operating for sales purposes.

Other Committees/items may be added.

10-7-2015

cc :

Council Mayor Mr. Titterington Mr. Livingston Mr. Stickel Department Heads Chamber of Commerce Bd of Education

Patrick E. J . nt t e rington Troy, Ohio 45373 www .troyohio.gov phone : (937)
Patrick E. J . nt t e rington
Troy, Ohio 45373
www .troyohio.gov
phone : (937)
335-1725
fax :
(937)
339 -8601
patrick.titterington@troyohio .gov
MEMORANDUM
TO:
Mrs. Baker, President of CJ:l.~l
FROM:
Patrick E. J. Titterington f7P
DATE:
October 6, 2015

SUBJECT:

PROPOSED AMENDMENTS TO CHAPTER 721, RELATED TO MOBILE FOOD VEHICLES

RECOMMENDATION: That Council considered amending Ordinance Chapter 721 to provide opportunities during certain special events and events that may be sponsored by City at which mobile food vendors may exceed the one hour time fame to remain stationary in one location and operating for sales purposes.

BACKGROUND: In 2012 Council enacted legislation to update regulations regarding vendors, including the applicability of the regulations to mobile food vehicles. Those regulations include that a mobile food vehicle may be stationary at one location and operating for sales purposes for a one hour period. Particularly in recent months there have been requests that the mobile food vehicles be permitted to remain in one place for a longer time period in order to participate in certain special events. Staff from several departments has met with the Director of Law and Assistant Director of Law to review and consider amendments that could be recommended that could provide additional flexibility. As a result, the attached draft amendment to Chapter 721 has been prepared, with proposed the proposed amendments highlighted in red print.

REQUESTED ACTION:

It would

be

appreciated if you

would

assign to a Committee of Council

consideration of the proposed amendments to Chapter 721.

encl.

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Mayor Beamish

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City of Troy

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Timo t hy E. Dav is

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www.troyohio.gov 100 South Market Street Troy , Oh io 45373

phone : (937) 339-9481 fa x: (937) 339-934 1

DATE:

October 6 , 2015

TO:

Patrick Titterington, Director of Public Service & Safety

FROM:

Tim Davis, Planning and Zoning Manager ID

SUBJECT:

Changes to Chapter 721 of the Codified Ordinances

This memo addresses a recommendation to alter chapter 721 of the Codified Ordinances regarding vendors and mobile food vehicles. The City has received requests to provide opportunities for mobile food vendors to operate longer than the required one (1) hour timeframe for special events. To accommodate these requests, staff has proposed additional language be added to chapter 721 of the codified ordinances. The requested language additions are highlighted in red:

721.10 ADDITIONAL REQUIREMENTS FOR MOBILE FOOD VEHICLES.

In addition to the provisions of this Chapter that apply to all Vendors, the following shall apply

to the owners/operators of mobile food vehicles :

  • (a) The issued Mobile Food Vehicle Vending License is valid for one (1) vehicle only.

  • (b) There shall be Issued to each vendor for whom a Mobile Food Vehicle Vending License

has been issued, a suitable decal that shall be permanently and prominently affixed to the vehicle

for which issued at all times. ( c) Each operator of a mobile food vehicle shall have been issued a current Vendor License issued under this Chapter and the owner of each mobile food vehicle shall pay a separate Mobile Food Vehicle Vending License fee and be issued a separate Mobile Food Vehicle Vending License under this Chapter for each mobile food vehicle operated in the City of Troy.

  • (d) Mobile Food Vendors operating for sales purposes in the public Right-of-Way are allowed

in all zoning districts defined in Section 1141.0l(d-e) of the Codified Ordinances of the City of Troy , Ohio in accordance with 721.10( d)(l ). Mobile Food Vendors operating for sales purposes on private prope1iy are only allowed in Commercial and Industrial zoning districts as defined in Section 1141.0l(d-e) of the Codified Ordinance.s of the City of Troy, Ohio in accordance with 721.10( d)(2), with the exception of land owned by the City of Troy or on land owned by educational institutions. Mobile Food Vendors operating for sales purposes on private property on land owned by educational institutions are allowed in all zoning districts defined in Section 1141.0l(d-e) of the Codified Ordinances of the City of Troy , Ohio in accordance with

721.10(d)(3). Mobile Food Vendors operating for sales purposes on city owned land are allowed in all zoning districts defined in Section 1141.01 ( d-e) of the Codified Ordinances of the City of Troy, Ohio in accordance with 721.10(d)(3).

Mr. Patrick Titterington re Mobile Food Vendors October 6, 2015 - Page 2 of 3

(1) In the public Right-of-Way, a mobile food vehicle shall not remain stationary in one location for longer than one (1) hour while open for business and operating for sales purposes . This restriction does not prohibit a mobile food vehicle which is not open for business and not operating for sales purposes from being legally parked for a duration longer than one (1) hour. After a mobile food vehicle has been stationary in one location and operating for sales purposes for a period of one (1) hour, the mobile food vehicle must be moved to a location at least one hundred (100) yards from the previous location . (2) On private property, land not deemed public Right-of-Way, City of Troy owned property or on land owned by educational institutions, a Mobile Food Vehicle shall not remain stationary in one location for longer than four (4) hours while open for business and operating for sales purposes, provided that Mobile Food Vehicles are setback a minimum often (10) feet from the public Right-of-Way and located in the rear yard as defined by Section 1133.02 (179) of the Codified Ordinances of the City of Troy, Ohio. If a rear yard does not exist on a property then the Mobile Food Vehicle shall be located opposite of the yard which serves as the front entrance of the building. (3) On land owned by the City of Troy or by an educational institution, a Mobile Food vehicle shall not remain stationary in one location for longer than forty-eight (48) hours while open for business and operating for sales purposes, provided that Mobile Food Vehicles are setback a minimum of thirty (30) feet from the public Right-of-Way and approved by the Director of Public Service and Safety.

  • (e) A mobile food vehicle shall not be open for business or operate for sales purposes within

one hundred (100) yards of an eating place, carry out; eating place, drive-in; eating place No.1;

or eating place No.2 as defined in Sections 1133.02 (71) through (74) of the Codified Ordinances of the City of Troy, Ohio, unless written approval is received from each business that falls within one hundred (100) yards of an eating place as described in this section, and approved by the

Director of Public Service and Safety.

  • (f) While located upon a public street, all food or drink items shall be sold, offered for sale or

dispensed only from the curb side of a mobile food vehicle.

  • (g) A mobile food vehicle shall be operated or parked so as not to obstruct or impede the

normal movement of traffic. A mobile food vehicle shall be parked or stopped with the curb-side wheels parallel with and not more than twelve (12) inches from the curb when food items are

sold or dispensed.

  • (h) Flashing lights shall be operated continuously at all times when a mobile food vehicle is

parked, stopped, or otherwise open for business and operating for sales purposes on a public street so as to be clearly visible to drivers of other vehicles approaching such vehicle from the front or rear.

  • (i) The owner/operator of each mobile food vehicle licensed by the City of Troy shall comply

with all provisions of federal, state and local laws and ordinances.

  • G) The owner/operator of any mobile food vehicle licensed by the City of Troy shall comply

with all notices, orders, decisions, and rules and regulations made by the Police Department of the City of Troy or any other City of Troy Department and/or Agency . (Ord. 29-2012. Passed

11-19-12.)

Mr. Patrick Titterington re Mobile Food Vendors

October 6, 2015

-

Page 3 of 3

721.15 EXCEPTIONS.

A member working without consideration or individual profit for or on behalf of any recognized

educational, civic, religious or charitable organization , shall

be exempt from the licensing provisions of

this chapter. Additionally, authorized individual vendors and operators of mobile food vehicles conducting business at special community events sponsored by any recognized educational , civic, religious or charitable organization, shall be exempt from the licensing provisions of this chapter.

However, those not required to obtain a Vendor License or a Mobile Food Vehicle Vending License shall

be required to comply with Sections 721.10 ( d) through (j), 721.11 and 721 . 12
be required to comply with Sections 721.10 ( d) through (j), 721.11
and 721 . 12 hereinabove.
City
sponsored events shall not be required to comply with Section 721.10, as approved by the Director of
Public Service and Safety.

The current ordinance is attached to this memo. The proposed recommendation is a joint effort between various departments of staff and the Law Director. It would be appreciated if the Council President would assign the proposed legislation to a Committee of Council.

' \ CITY OF TROY, OHIO 0 RD INAN CE No 0 0--"2'"'-9_-'-2_01_2 __ O;ayhH'll.ep.l6\:nl:.,l11c. AN
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CITY OF TROY, OHIO
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AN ORDINANCE AMENDING CHAPTER 721 OF THE CODIFIED
ORDINANCES OF THE CITY OF TROY. OHIO
WHEREAS, Council finds it both necessary and appropriate to amend Chapter 721 of the
Codified Ordinances of the City of Troy, Ohio; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Troy, Ohio as
follows:
SECTION I:
That Chapter 721 of the Codified Ordinances of the City of Troy is hereby
repealed .
SECTION II:
That Chapter 721
of the Codified Ordnances of the City of Troy, as set
forth below, is hereby enacted:
"CHAPTER 721 VENDORS
721.01
DEFI N ITIONS.
The following definitions shall be applicable to this chapter:
(a)
"Vendor'' means any person who sells or offers for sale and immediate delivery,
goods, merchandise, property or services of any kind or description, other than from a
fixed and established place of business; any person who solicits orders by personal
contact for sale and future delivery of goods, merchandise, property or services of any
kind or description; any person who establishes a fixed place of business for a period of
less than sixty (60) days for the sale and either immediate or future delivery of goods,
merchandise, property or services of any kind or description .
(b)
"Person" means any person, firm, corporation or entity.
(c)
"Clear and present danger'' means that state of facts which indicates that the
licensee has been convicted of either a felony or a misdemeanor involving moral
turpitude or has a record of similar or more serious consequences.
(d)
"Mobile food vehicle" means a commercially manufactured, self contained, motor
vehicle in which pre-packaged food (Including frozen desserts and non-alcoholic drinks)
and/or ready-to-eat food (including frozen desserts and non-alcoholic drink) is wrapped ,
packaged, processed, cooked, dispensed, or portioned for retail service , sale or
distribution therefrom.
( e) "Vendor License" means the annual license issued by the City of Troy to permit a
person or company to engage in the business or activity of a vendor within the City of
Troy.
(f)
"Mobile food vehicle vending license" means the annual license issued by the City
of Troy to a vendor permitting operation of a mobile food vehicle within the City of Troy.
(g)
"Vehicle" means everything on wheels or runners, including motorized bicycles,
but does not mean electric personal assistive mobility devices, vehicles that are
operated exclusively on rails
or tracks or from overhead electric trolley wires, and
vehicles that belong to any police department, municipal fire department, or volunteer
fire department, or that are used by such a department in the discharge of its functions.
(h)
"Motor vehicle" means any vehicle that is -propelled or drawn by power other than
muscular power or power collected from overhead electric trolley wires. "Motor vehicle"
does not include utility vehicles as defined in division (W) of ORC § 4501.01, motorized
bicycles , road rollers, traction engines, power shovels, power cranes, and other
equipment used in construction work and not designed for or employed in general
highway transportation, well-drilling machinery, ditch-digging machinery, farm
machinery, and trailers that are designed and used exclusively to transport a boat
between a place of storage and a marina, or in and around a marina, when drawn or
towed on a public road or highway for a distance of no more than ten (10) miles and at a
speed of twenty-five (25) miles per hour
or less .
721.02
VENDOR LICENSE REQUIRED.
No person shall engage in the business or activities of a vendor within the City of Troy
without first obtaining a Vendor License as provided in this chapter. This requirement
shall be in addition to any other requirement contained within the Codified Ordinances of
the City of Troy, Ohio .
721.03
MOBILE FOOD VEHICLE VENDING LICENSE REQUIRED.
No person shall operate a mobile food vehicle within the City of Troy without first
having obtained a Mobile Food Vehicle Vending License for such vehicle as prescribed
in this Chapter, in addition to a Vendor License required by this Chapter.
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ORDINANCE NO. 0-29-2012

PAGElWO

  • 721 .0 4

VENDO R LIC E NSE APP LIC AT IO N AN D REQ UIRE M ENTS.

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'

  • (a) Applications for a Vendor License shall be filed with the Chief of Police of the

City of Troy. The applicant shall provide a government issued photo identification document , which will be copied and the copy retained with the application. The applicant shall complete and sign in person at the Police Department of the City of Troy, an application fonm provided by the Chief of Police of the City of Troy, which shall require, at least, the following information:

(1)

Name of the individual appl icant who will be engaging in the bus iness or

activities of a

vendor within the City of Troy ;

(2)

Home

address of applicant ;

(3)

Name and address of the person or firm for whom the applicant proposes

(4)

to engage in the business or activities of a vendor within the City of Troy; All places of res idence and all employment of the applicant during the

(5)

preceding year; The nature and . character of the goods to be sold or service to be

(6)

furnished by the applicant; Names of other towns in which the appl icant has recently conducted a

(7)

business for which a Vendor License is herein required; A list of convictions of the individual applicant and of the person or firm for whom the applicant proposes to engage in the business or activities of a vendor within the City of Troy of the following crimes: a sex offense, an assault offense or other crime of violence , a drug offense or a theft offense within the last seven (7) years, a weapons offense within the last

five (5) years, or a homicide offense.

  • (b) The applicant shall furnish a recent color photograph of himself/herself not more

than one (1) year old and approximately three (3) square inches to be kept by the Chief of Police of the City of Troy to make part of the identification badge issued with the issued Vendor License.

  • (c) Such application and documents shall all be submitted at least five (5) days

before the license is required by the applicant.

  • 721.05 M OB I LE

FOO D VEHI CL E VE ND I NG LIC E NSE REQUIRE D

AP P LICATION.

  • (a) Any person desiring to operate a mobile food vehicle in the City of Troy, in

addition to applying for and being issued a Vendor License as provided in this Chapte r,

shall also make and sign in person at the Pol i ce Department of the Cify of Troy, a written application for a Mobile Food Veh icle Vending License to the Ch ief of Police of the City of Troy. The application for such license shall be on forms provided by the Chief of Police of the City of Troy and shall include the following in addition to the information and documents supplied in and with the application for a Vendor License :

(1)

Name and address of the applicant and, if applicable , each corporate

officer of the mobile food vehicle vending firm for whom the applicant works; (2) A valid copy of all necessary licenses, permits or certificates required by the Miami County Public Health Organization, Miami County, the State of Ohio or any subsidiary enforcement agencies or departments thereof , including, but not limited to : all appropriate food service permits , a valid Ohio Department of Motor Vehicle Registration and Certificate of Inspection, a valid certificate of title (or memorandum thereof) to the mobile food vehicle and valid Driver's Licenses of all vehicle operators; (3) A statement signed by the applicant and by an officer or of the owner of

the firm for whom the applicant works, that the applicant and the firm whom the app licant works shall hold harmless the City of Troy and its officers and employees, and shall indemnify and hold harmless the City of Troy and its officers and employees for any claims for damage to property · or injury to persons which may be occasioned by any activity carried on under terms of the license. The applicant and the firm fo r whom the applicant works shall furnish and maintain such public liability, food products liability, and property insurance, as will protect the applicant, the firm for whom the applicant works and the City of Troy from all claims for damage to property or bodily injury, including death , which

may arise from

the

operations under the license or in connection

therewith .

Such insurance shall provide

coverage of not less than one

million dollars ($1,000,000} per occurrence. The policy shall further

provide that it may not be cancelled except upon th irty (30) days written

notice served

upon the

Ch ief of Police

of the

City of

Troy .

A license

issued pursuant to the prov isions of this section shall be invalid at any time the insurance required herein is not maintained and evidence of continuing coverage is not filed with Chief of Police of the City of Troy.

72

1.06

LI CE NS E FEE A ND TE RM.

  • (a) For the application for a Vendor License to be considered under"the provisions of

this Chapter, each applicant shall pay to the City of Troy the sum of Twenty- Five Dollars

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($25.00) . (b} Fo r the application for a Mobile Food Vehicle Vending License to be considered under the provisions of this Chapter , each applicant shall pay to the City of Troy the sum of Twenty-Five Dollars ($25.00).

  • (c) Both the Vendor Licenses and the Mobile Food Vehicle Vending Licenses issued

hereunder shall be for a period of on e ( 1) year or less which shall end on December 31

of the calendar year in wh ich they are issued , regardless of when in the year that such

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ORDINANCE NO. 0-29-2012

PAGE THREE

  • 721.07 ELIGIBILITY FOR LICENSE.

A license application for a Vendor License and/or for a Mobile Food.Vehicle Vending License may be refused to the applicant if a license applicant has a conviction for a sex offense, assault or other crime of violence, a drug offense, a theft offense or fraud offense within the last seven (7) years; a conviction of a weapons offense within the last five (5) years; or a homicide conviction. A person to whom a license has been issued, who is convicted of any one of those offenses during the term of holding hisfher license shall have the license revoked.

  • 721.08 APPEAL TO THE DIRECTOR OF PUBLIC SERVICE AND SAFETY.

Any applicant who has applied for a Vendor License andfor for a Mobile Food Vehicle Vending License in accordance with this Chapter and to whom the Chief of Police of the City of Troy has, after an investigation, denied such license, may appeal to the Director of Public Service and Safety. Notice of such appeal shall be filed by the denied applicant with the Office of the Director of Public Service and Safety within five (5) days after the denial by the Chief of Police of the City of Troy. The Director of Public Service and Safety, on appeal, after an administrative hearing on such appeal held within seven (7) days of the filing of such appeal, may grant or reject the application for issuance of such license.

  • 721.09 CARRYING OR EXHIBITING LICENSE; IDENTIFICATION BADGE.

Each vendor shall carry with him/her, or exhibit in any temporary place of business, at all times while engaging in the business or activities of a vendor, the Vendor License issued under this Chapter. Further, each vendor shall wear, at all times while engaging in the business or activities of a vendor, the identification badge which is issued to each vendor licensee by the City of Troy.

  • 721.10 ADDITIONAL REQUIREMENTS FOR MOBILE FOOD VEHICLES.

In addition to the provisions of this Chapter that apply to all Vendors, the following shall apply to the owners/operators of mobile food vehicles:

  • (a) The issued Mobile Food Vehicle Vending License is valid for one (1) vehicle only.

  • (b) There shall be issued to each vendor for whom a Mobile Food Vehicle Vending

License has been issued, a suitable decal that shall be permanently and prominently affixed to the vehicle for which issued at all times. ·(c) Each operator of a mobile food vehicle shall have been issued a current Vendor License issued under this Chapter and the owner of each mobile food vehicle shall pay a separate Mobile Food Vehicle Vending License fee and be issued a separate Mobile Food Vehicle Vending License under this Chapter for each mobile food vehicle operated in the City of Troy.

  • (d) A mobile food vehicle shall not remain stationary in one location for longer than

one ( 1) hour while open for business and operating for sales purposes . This restriction does not prohibit a mobile food vehicle which is not open for business and not operating for sales purposes from being legally parked for a duration longer than one (1) hour. After a mobile food vehicle has been stationary in one location and operating for sales purposes for a period of one (1) hour, the mobile food vehicle must be moved to a location at least one hundred (100) yards from the previous location.

  • (e) A mobile food vehicle shall not be open for business or operate for sales

purposes within one hundred (100) yards of an eating place, carry out; eating place, drive-in; eating place No. 1; or eating place No. 2 as defined in Sections 1133.02 (71) through (74) of the Codified Ordinances of the City of Troy, Ohio.

  • (f) While located upon a public street, all food or drink items shall be sold, offered

for sale or dispensed only from the curb side of a mobile food vehicle.

(g) A

mobile food

vehicle shall be operated

or parked

so

as

not

to

obstruct or

impede the normal movement of traffic. A mobile food vehicle shall be parked or

stopped with the curb-side wheels parallel with and not more than twelve (12) inches from the curb when food items are sold or dispensed .

  • (h) Flashing lights shall be operated continuously at all times when a mobile food

vehicle is parked, stopped, or otherwise open for business and operating for sales purposes on a public street so as to be clearly visible to drivers of other vehicles

approaching such vehicle from the front or rear .

.

  • (i) The owner/operator of each mobile food vehicle licensed by the City of Troy shall

comply with all provisions of federal, state and local laws and ordinances. OJ The ownerfoperator of any mobile food vehicle licensed by the City of Troy shall comply with all notices, orders, decisions, and rules and regulations made by the Police Department of the City of Troy or any other City of Troy Department andfor Agency.

  • 721.11 HOURS REGULATED.

No person shall engage in the business or activities of a vendor or operate a mobile food vehicle for sales purposes within the City of Troy except during the twelve (12} hour period from 9:00 a.m . to 9:00 p.m . The restrictions of this section shall not be applicable to vendors who are invited to a residence or place of business at times other than the

hours provided herein.

ORD INAN CE NO. 0·29-2012

PAGE FOUR

  • 721.12 LOUD NOISES AND SPEAKING DEVICES.

No vendor, operator of a mobile food vehicle or any person in his/her behalf shall; for the purpose of attracting attention to any goods, wares, or merchandise which such

vendor proposes to sell; shout, make any cryout,

blow a horn, ring a bell or use any

sound device, including any loud-speaking radio or sound amplifying system, upon any of the streets, alleys, parks or other public places of the City or upon any private premises

in the City, where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard at a distance of seventy-five (75) feet from the source of such sound.

  • 721.13 LICENSE TRANSFER AND USE.

No issued Vendor License, identification badge or Mobile Food Vehicle Vending License or decal may be assigned or transferred. No such licensee may authorize any person to engage in the business or activities of a vendor or operate a mobile food vehicle on his behalf unless such person is also licensed as such a vendor or such a mobile food vehicle is also licensed as a mobile food vehicle. No licensee may conduct any business or activities other than those listed in his/her application for a license. A separate license shall be required for each individual vendor and each individual mobile food vehicle, whether or not employed by a licensed person, firm or corporation .

  • 721.14 REVOCATION OF LICENSE.

    • (a) The Chief of Police of the City of Troy may revoke , at any

time, the license of a

vendor issued under the provisions of this chapter if:

{1)

The licensee is determined by the Chief of Police of the City of Troy to be

guilty of any fraud or misrepresentation in connection with the applicant's submitted application; (2) The licensee is determined by the Chief of Police of the City of Troy to be guilty of any fraud, misrepresentation or unlawful act in connection with the

business or activities for which he is licensed;

(3) The licensee is found by the Chief of Police of the City of Troy to be a person who constitutes a clear and present danger to the residents of the City; or

( 4)

The licensee violates any of the provisions of this Chapter.

  • (b) The same rights of appeal relative to the denial of a Vendor License which are

set forth in Section 721 .08 shall be applicable to revocation of licenses in this section.

  • 721.15 EXCEPTIONS.

A member working without consideration or individual profit for or on behalf of any recognized educational, civic, religious or charitable organization shall be exempt from the licensing provisions of this chapter. Additionally, authorized individual vendors and operators of mobile food vehicles conducting business at special community events sponsored by any recognized educational , civic, religious or charitable organization shall be exempt from the licensing provisions of this chapter. However, those not required to obtain a Vendor License or a Mobile Food Vehicle Vending License shall be required to comply with Sections 721.10 (d) through (j), 721.11and721.12 hereinabove.

  • 721.99 PENALTY.

    • (a) Whoever violates any provision of this Chapter shall be guilty of a minor

misdemeanor. Each day's violation shall constitute a separate offense. If a person has been previously convicted for a violation of this chapter, or a violation of similar provisions of the ordinances of another municipality, any subsequent offence shall be a

misdemeanor of the fourth degree.

  • (b) Additionally, any person firm, corporation or other entity violating the provisions

of this Chapter, may be subject to immediate closure by the Police Department of the City of Troy. The same rights of appeal relative to the denial of a Vendor License, which are set forth in Section 721.08, shall be applicable to such immediate closure by the

Police Department of the City of Troy."

SECTION Ill:

That this Ordinance shall be effective January 1, 2013.

Adopted:

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President of Council ·

Attest:

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Clerk of Council

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