§ 573.01 — Definitions

573.01 - Definitions.

Unless a different meaning is clearly indicated by the context in which the word is used, when used in this chapter: (a) "Board" shall mean the Mobile Food Vending Advisory Board. (b) "Columbus Public Health" shall mean the department of health for the city of Columbus, as established in Chapter 135. (c) "Commercial zone" shall mean a geographic area that has a combination of public right of way access, vehicular traffic patterns, pedestrian density, and mobility options, such that reasonable access for mobile food vending does not constitute a threat to public health and safety. The Director shall have the authority to create, designate, alter, or eliminate a Commercial Zone area, layout, or map. (d) "Congestion zone" shall mean a geographic area that has a combination of public right of way parking limitations, meter restrictions, vehicular traffic patterns, pedestrian density, and mobility issues, such that unrestricted access for mobile food vending constitutes a threat to public health and safety. The Director shall have the authority to create, designate, alter, or eliminate a Congestion Zone area, layout, or map. (e) "Director" shall mean the director of Building and Zoning Services, or designee. (f) "Department of Health" shall have the same meaning as "licensor" for a mobile vending health license in Ohio Revised Code 3717.01(O). (g) "Designated Public Right Of Way Access Permit" shall mean a temporary document issued to a mobile food vending unit via an electronic reservation system, such that the unit may operate for a defined and limited period of time in a Congestion Zone only, specific to a designated mobile food vending space in the public right of way or in a mobile food vending court, further subject to the limitations and provisions of this chapter. (h) "Designated Temporary Commercial Zone permit" shall mean a temporary document issued to a mobile food vending unit via an electronic reservation system, such that the unit may operate in the public right of way in a temporary commercial zone or Non-commercial zone, subject to the limitations and provisions of this chapter. (i) "Division of Fire" shall mean the Department of Public Safety, Division of Fire, and is further defined in Section 217.04. (j) "Downtown District" shall have the same meaning and boundaries as the Downtown District in Chapter 3359. (k) "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. (l) "Food delivery operation" shall mean a food service operation from which food is ordered off-site by a customer, prepared, and delivered to the customer. "Food delivery operation" includes, by way of example and not by way of limitation, pizza delivery, sandwich delivery, restaurant delivery services, or "food delivery sales operations" as defined in Ohio Revised Code 3717.01(H). (m) "Food service operation" shall mean, for the purposes of a mobile food vending license, 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 subsection, "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. (n) "Food trailer" shall mean any vehicle without motive power that is designed to be drawn by a motor vehicle and is specifically designed or used for food vending operations. (o) "Food truck" shall mean a vehicle propelled by an engine which has been specifically designed or used for mobile food vending. (p) "Food truck industry" shall mean both food trucks, push carts, pedi-food carts, and food trailers. (q) "Food vending operation" shall mean 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 subsection, "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. (r) "General public right of way access permit" shall mean a document issued to a mobile food vending unit by the Department of Building and Zoning Services, such that the unit may operate in the public right of way outside designated spaces or mobile food courts in Congestion or Commercial Zones, subject to the limitations and provisions of this chapter. (s) "Health license" shall mean an official document issued by a department of health pursuant to Section 3701 of the Ohio Revised Code. Such health license shall be separate from any other license required under this chapter. Such document may be either an annual health license or a temporary health license. (t) "License Section or Section" shall mean the Department of Building and Zoning Services, License Section, and is further defined in Chapter 501. (u) "Licensing period" shall mean the first (1 st ) day of April to the thirty-first (31 st ) day of March of the next succeeding year. (v) "Mobile food vending court" shall mean a location where the public right of way is closed for vehicular traffic on a temporary or permanent basis to allow two or more mobile food vending units to operate from such location. (w) "Mobile food vending license" shall mean an official document issued by the Department of Building and Zoning Services authorizing operation of a mobile food vending unit within the corporate limits of the city of Columbus. Mobile food vending license does not include a health license required by Section 3717 of the Ohio Revised Code. Unless otherwise stated, "license" shall have the same meaning as "mobile food vending license." (x) "Mobile food vending unit" shall mean a food service operation or retail food establishment that is operated from a food truck, food trailer, pedi-food cart, or pushcart, and that can or does routinely change location. For the purposes of a mobile food vending license, "mobile food vending unit" excludes food delivery operations and "vending machines," as defined in Ohio Revised Code 3717.01(L). (y) "Mobile food vendor" shall mean every corporation, association, joint stock association, person, firm or partnership, their lessees, directors, receivers, trustees, appointees by any court whatsoever, or the beneficiaries, executors, administrators, or personal representatives or assignees of any deceased owner, owning, controlling, operating or managing any mobile food vending unit. (z) "Non-commercial zone" shall mean all areas within the corporate limits of the city of Columbus that have not been designated a "Congestion zone" or a "Commercial zone." Non-commercial zone includes any public right of way where the city of Columbus requires, at all times, a permit for parking. (aa) "Operator" shall mean 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. (bb) "Permanently revoke" shall, for the purposes of a mobile food vending license, mean to terminate all rights and privileges under a license for a period of ninety (90) days or greater and to render the holder of a license ineligible to reapply for said license. (cc) "Pedi-food cart" shall mean a vehicle propelled by human power which has been specifically designed or used for mobile food vending and is or may be operated on a road, street or alley. (dd) "Public event" shall, for the purposes of a mobile food vending license, mean 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. (ee) "Public right of way" shall mean any property owned by the city of Columbus, including but not limited to, any street, road, alley, sidewalk, vacant lot, or other tract of land. (ff) "Pushcart" shall mean a vehicle propelled by human power which has been specifically designed or used for mobile food vending. Vehicles not specifically designed for mobile food vending including, by way of example and not by way of limitation, racks, wheelbarrows, dollies, grocery carts, baby carriages, tables, chairs, benches, cabinets, or other furniture and boxes, buckets, tubs, or other containers or devices which normally rest on the ground whether or not wheels have been attached shall not be licensed as pushcarts. (gg) "Revoke" shall, for the purposes of a mobile food vending license, mean to terminate all rights or privileges under a license for a period not to exceed ninety (90) days after which the individual must reapply for a license. (hh) "Retail food establishment" shall, for the purposes of a mobile food vending license, mean a premises or part of a premises where food is stored, processed, prepared, manufactured, or otherwise held or handled for sale of food to a person who is the ultimate consumer. (ii) "Rule" or "rules" shall, unless otherwise stated in this chapter, mean rules promulgated as provided for in Sections 121.01 through 121.05. Such rules shall not be temporary rules and shall be submitted to the Mobile Food Vending Advisory Board at least thirty (30) days prior to promulgation. (jj) "Short North" shall have the same meaning and boundaries as the Victorian Village Commission and the Italian Village Commission in Chapter 3119. (kk) "Special event" shall, for the purposes of a mobile food vending license, have the same meaning set out in Chapter 923. (ll) "Suspend" shall, for the purposes of a mobile food vending license, mean to temporarily deprive a licensee of rights or privileges under a license for a period not to exceed ninety (90) days. (mm) "Temporary commercial zone" shall mean the closing of one (1) or more parking locations in the public right of way between one (1) or more intersections, while maintaining vehicular traffic access on the street, road, or alley, for the purpose of conducting commercial activity, including mobile food vending. (nn) "University District" shall mean the geographical area within the Glen Echo ravine on the north, Penn Central railroad on the east, Fifth Avenue on the south and the Olentangy River on the west. (oo) "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).

(Ord. No. 0773-2014, § 1, 4-7-2014; Ord. No. 2019-2021, § 1, 7-26-2021; Ord. No. 1730-2022, § 1, 3-20-2023; Ord. No. 0768-2024, § 3, 3-18-2024)