4687 - 50 Amend & supplement ord 2276 - sale of frozen desserts

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ORDINANCE NO o 4687 BY Mr. Ward AN ~ENCY ORDINANCE to amend and Supplement Ordinance Nc. 22?6, known and referred to as the Sanitary COde, by the enactment as a part thereof of new Sections 223-1 to 223-10, both inclusive, relating to the sale of frozen desserts by peddlers; and repealing present Section 223½ of said Ordinance No. 2276. WHEREAS, an emergency exists on account of recent court constructions of ordinance previsions s~ml lar to the present Lakewood ordinance ~d, in that this ordinance provides for the preservation of the public health, welfare and safety and the usual dai~v operation of a municipal department, now, therefore, BE IT ORDATNED BY THE COUNCIL OF THE CITY OF LA~EWOOD, STATE OF OHIO: Section ~ That Ordinance No. 22?6 be, and the same is hereby amended and supplemented by the enactment of new Sections 223-1 to 223-10, both inclusiVe, such sections to read, and be considered and construed as a part of Ordinance No. 22?6, respectively, as follows: Section 223-1~ As the terms are used in Sections 223-1 to 223-10, both inclusive, the following definitions shall apply: "Frozen desserts, shall mean and include ice cream, frozen custard, water ices, sherbet, ~mltation ice cream and all other similar frozen products. The terms "peddler. or "peddlers.. shall mean a person or persons, who sells or offers for sale, frozen desserts from a vehicle or con, tainer moved or being moved from place to place in the course of such sales or offers to sell. The terms "peddle., "to peddle, or "peddling. shall mean the sale or offer to sell by person or persons of frozen desserts from a vehicle or container while or in the course of moving from place to placeo The term "container. shall include'any box, chest, trunk, tray, basket, cabinet, or other similar OBject, used for the storing, refrig- erating or the holding of frozen desserts until Such frozen desserts are sold. Section 223,2. A. No person, firm, corporation, partnership or association shall sell frozen desserts by peddling or through peddlers in the Cit~ of Lakewood unless first licensed to do so as hereinafter provided. Section 223-3. EaCh person, firm, corporation, partnership or association desiring to peddle frozen desserts shall make application for a license to the official charged with the enforcement of this ordinance on forms prescribed by such official. Said application form shall contain: 1. The full~ name and address of t~ applicant. 2. Complete information as to the source of supply of such frozen desserts, the location where unsold products are stored and the place where the vehicles or containers used for the transportation or sale of frozen desserts are stored when not in use. 3. The number of peddlers, vehicles and containers proposed to be used; and 4o Such further information relative to the business and equip- ment as may be deemed necessary by the official charged ~ith the enfOrcement of this ordinance.