[Adopted as Ch. 5, Art. 5 of the 1972 City Code]
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- CONCESSION TRUCKS
- Every motor vehicle in which food, ice cream, ice milk, frozen dairy products, or ice flavored with syrup are carried for the purposes of retail sale on the streets of the City of Las Vegas, New Mexico.
- VEND or VENDING
- Offering food, ice cream, ice milk, frozen dairy products or ice flavored with syrup from a motor vehicle on the streets of the City of Las Vegas, New Mexico.
Every concession truck shall be inspected by the New Mexico Health and Environment Department at least once a year, prior to a license being issued by the City of Las Vegas, New Mexico, and proof of such inspection must be presented to the Clerk of the City of Las Vegas, New Mexico, or his/her agent.
Every person that handles food from a concession truck must be examined by his or her doctor, and provide evidence of freedom from communicable disease, before a license will be issued by the City of Las Vegas, New Mexico, and proof of such inspection must be presented to the Clerk of the City of Las Vegas, New Mexico, or his/her agent.
Vending from a motor vehicle shall be permitted on any street within the City limits of Las Vegas, New Mexico, only if it is safe to do so at the time, except that vending from a motor vehicle will not be permitted between the hours of 8:00 a.m. through 6:00 p.m. on main thoroughfares and the central business district, Mondays through Saturdays.
A person shall not vend within the school grounds while school is in session unless permission is granted in writing by the school superintendent.
A person shall vend only when the concession truck is stopped and lawfully parked.
A person shall vend only from the side of the truck away from moving traffic and as near as possible to the curb.
Vending will be permitted only to those persons on the curb side of the vending vehicle.
A vending vehicle shall not stop on the left side of the street unless the street is a one-way street, and, in such cases, the vending vehicle shall be facing the direction of the flow of traffic.
No vending vehicle shall be allowed to back-up or otherwise travel in a reverse direction for the purpose of reaching customers or making a sale.
No concession truck shall remain parked in one location with the intent of vending for a period for more than five minutes without serving customers.
The owner shall carry liability insurance in the minimum amount of $25,000. A copy of said policy must be on file at the City Clerk's Office, Las Vegas, New Mexico.
An occupational license is required at the same rate as any other occupation.
Any person found guilty of violating the provision of this article may be fined up to the maximum amount permitted by state law for petty misdemeanors, such amount to be set by the Magistrate Judge in his/her sound discretion, but not to exceed $100. The maximum fine for petty misdemeanors are set forth in NMSA 1978 Compilation, § 31-19-1.