ORDINANCE NO. 2025-1106J AN ORDINANCE AMENDING REGULATIONS FOR FOOD VENDORS IN THE TOWN OF OTTERBEIN, INDIANA

ORDINANCE NO. 2025-1106J AN ORDINANCE AMENDING REGULATIONS FOR FOOD VENDORS IN THE TOWN OF OTTERBEIN, INDIANA WHEREAS, the Town Council of the Town of Otterbein previously passed Ordinance No. 2015-1006D, which adopted certain regulations relating to solicitation in the Town of Otterbein, and which included certain regulations for food vendors in the Town; and WHEREAS, the Town Council now desires to amend such regulations to better clarify the application of such regulations. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Otterbein, Indiana that Section 93.01(E) is hereby repealed and replaced as follows: § 93.01 Peddlers, Itinerant Merchants, and Solicitors (E) Food Vendors. Persons vending prepared food in public places (e.g. a public street during a festival) shall be required to register at the Otterbein Town Hall. Persons vending food at a private event on private property shall not be required to register at the Otterbein Town Hall. At the time of registration, the food vendor shall comply with the following: (1) An application shall be signed by the applicant if an individual, or by all partners if a partnership, or by the president if a corporation. Applications should be made on forms available in the office of the Clerk-Treasurer. The application shall state: a. The name and address of the applicant; b. The name of the individual having management authority or supervision of the applicant's business during the time that it is proposed to be carried on in the municipality; 1. The local address of such individual; 2. The permanent address of such individuals; 3. The capacity in which such individual will act; c. The name and address of the person, if any, for whose purpose the business will be carried on, and, if a corporation, the state of incorporation; d. The time period or periods during which it is proposed to carry on applicant's business; e. The nature, character, and quality of the goods to be offered for sale or delivered; 1. If goods, their invoice value and whether they are to be sold by sample as well as from stock; 2. If goods, where and by whom such goods are manufactured or grown, and where such goods are at the time of application; f. The nature of the advertising proposed to be done for the business; g. Whether or not the applicant or the individual identified in division (1)(b) above, or the person identified in division (1)(c) has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense; h. A description of any vehicle proposed to be used in the business, including its registration number, if any; i. If required by the Clerk-Treasurer, copies of all printed advertising proposed to be used in connection with the applicant's business; and j. A fee of Fifty Dollars ($50.00) per day of food sales. Such fees shall be non-refundable. (2) The application shall have attached to it (a) a copy of the permit from the County Health Department for such food sales and (b) proof of commercial general liability insurance for food sales in an amount of at least $1,000,000.00, naming the Town of Otterbein as an additional insured. (3) This section shall not be interpreted to permit the sale of raw or unprocessed foods within the Town. Such sales of raw or unprocessed foods are not allowed in Town unless such vendor complies with all local zoning and health department regulations prior to applying to sell raw or unprocessed foods in Town, including permission from the County Health Department. (4) Farmers Market type vendors (vendors that sell a limited amount of fresh produce) shall not be required to complete the application and pay the fee listed in Section (1) above, but such vendors shall be required to notify the Town Hall and receive permission prior to setting up any stands or sales. (Penalty, see 10.99). This Ordinance shall be effective upon passage and publication according to law. Passed this 6th day of November, 2025. TOWN COUNCIL OF THE TOWN OF OTTERBEIN HSPAXLP December 22, 29 2025 LSBN0424656