[Ord. No. 1019, 6-9-2015]
Use of an ice cream truck to conduct frozen dessert vending, as defined within Sec 18-62 of Article V, is expressly exempted and excepted from City of Williston Ordinance No. 958 which prohibits Mobile Food Vendors and Portable Carry-Out Food Kiosks and City of Williston Ordinance No. 982 which prohibits Mobile Businesses.
[Ord. No. 1019, 6-9-2015]
It shall be unlawful for any merchant or vendor to engage in
such business for ice cream vending within the city without first
obtaining a license therefor in compliance with the provisions of
this article.
[Ord. No. 1019, 6-9-2015]
(a)
ICE CREAM TRUCK - Means a motor vehicle in which prepackaged or pre-wrapped
ice cream, frozen yogurt, frozen custard, frozen or soft serve dairy
products, or similar frozen dessert products are carried for purpose
of retail sale on public streets within the City.
(b)
VEND OR VENDING - Means offering pre-packaged or prewrapped ice cream,
frozen yogurt, frozen custard, frozen or soft serve dairy products,
or similar frozen dessert products for sale from an ice cream truck
on public streets within the City.
(c)
MERCHANT OR VENDOR - Means a person, firm, or corporation, whether
as owner agent, consignee or employee who is registered to conduct
business in the State of North Dakota.
(d)
FROZEN DESSERT VENDING SEASON - Means is determined to be from May
1 to October 31 of each year.
[Ord. No. 1019, 6-9-2015]
Applicants for license under this article, whether a person,
firm or corporation, shall file a written sworn application signed
by the applicant, if an individual, by all partners if a partnership,
and by the president if a corporation, with the city auditor showing:
(a)
The name or names of the person or persons having the management
or supervision of applicant's business during the time that it
is proposed that it will be carried on in the city; the local address
or addresses of such person or persons while engaged in such business;
the permanent address or addresses of such person or persons; the
capacity in which such person or persons will act (that is, whether
as proprietor, agent or otherwise); the name and address of the person,
firm or corporation for whose account the business will be carried
on, if any; and if a corporation, under the laws of what state the
same is incorporated;
(b)
The fingerprints of the person or persons having the management or
supervision of applicant's business or in lieu thereof, at least
three letters of recommendation from reliable property owners in the
County of Williams, State of North Dakota, certifying as to the applicant's
good character and business responsibility, or other evidence which
establishes to the satisfaction of the president of the board of city
commissioners the good character and business responsibility of such
person or persons;
(c)
The place or places in the city where it is proposed to carry on
applicant's business, and the length of time during which it
is proposed that said business shall be conducted;
(d)
The place or places, other than the permanent place of business of
the applicant where applicant within the six months next preceding
the date of said application conducted a similar frozen dessert business,
stating the nature thereof and giving the post office and street address
of any building or office in which such business was conducted;
(e)
A brief statement of the nature and character of the advertising
done or proposed to be done in order to attract customers, and, if
required by the city auditor, copies of all said advertising whether
by handbills, circular, newspaper advertising, or otherwise, shall
be attached to said application as exhibits thereto;
(f)
Whether or not the person or persons having the management or supervision
of the applicant's business have been convicted of a crime, misdemeanor
or the violation of any municipal ordinance, the nature of such offense
and the punishment assessed therefor;
(g)
Credentials from the person, firm or corporation for which the applicant
proposes to do business, authorizing the applicant to act as such
representative; and
(h)
Such other reasonable information as to the identity or character
of the person or persons having the management or supervision of applicant's
business or the method or plan of doing such business as the city
auditor may deem proper to fulfill the purpose of this article in
the protection of the public good.
(i)
Copies of valid North Dakota driver's license for any persons
applying to be a frozen dessert vendor.
(j)
Copies of ice cream truck state registration and proof of insurance
the ice cream truck is insured as well as any and all operators are
covered by the insurance policy.
(k)
Health department certification that the proposed vehicle to be used
as an ice cream truck is suitable for the purpose of frozen dessert
vending.
(l)
Copies of a criminal record check for owner and all employees of
the frozen dessert vendor.
[Ord. No. 1019, 6-9-2015]
Upon receipt of such application, the city auditor shall cause
such investigation of such person's or persons' business
responsibility or moral character to be made as he deems necessary
to the protection of the public good. During the application process
the city auditor may request the Williston Police Department conduct
a records check on the applicant or any potential employees of the
applicant. If, as a result of such investigation, the applicant's
character and business responsibility are found to be unsatisfactory,
the application shall be denied. If, as a result of the investigation,
the character and business reputation appears to be satisfactory,
the city auditor shall so certify in writing, and a license shall
be issued by the city auditor. The city auditor shall keep a full
record in his office of all licenses issued. Such license shall contain
the number of the license, the date the same is issued, the nature
of the business authorized to be carried on, the amount of the license
fee paid, the expiration date of said license, the place where said
business may be carried on under said license, and the name or names
of the person or persons authorized to carry on the same.
Each frozen dessert vending season, a maximum of three ice cream
vending licenses may be issued by the city auditor beginning on April
1. These licenses expire on October 31. Vendors who operated under
a frozen dessert vending license the previous year will be eligible
to turn in a frozen dessert vending application on March 1. Licenses
will be issued to qualified applicants in the order in which applications
were received by the city auditor. Licenses are required to be able
to vend.
[Ord. No. 1019, 6-9-2015; Ord. No. 1087, 9-11-2018]
(a)
Ice Cream Trucks must be registered in North Dakota.
(b)
Ice cream trucks must be a dedicated truck for this purpose and must
be approved by the health department.
(c)
Ice cream trucks may only operate between May 1 and October 31.
(d)
All vending must take place between 11:00 a.m. and 9:00 p.m.
(e)
Advertising decals are limited to the name of the permitted vendor,
the types of frozen dessert for sale, and the price lists of those
items.
(f)
Vendors must obey all applicable traffic and vehicle safety laws,
regulations and restrictions.
(g)
Frozen Dessert Vendors may only operate Ice Cream Trucks and may
only sell: pre-packaged or pre-wrapped ice cream, frozen yogurt, frozen
custard, frozen or soft serve dairy products, or similar frozen desert
products.
(h)
Frozen Dessert Vendors may only operate (stop to sell wares) in residential
areas, on local or collector streets.
(i)
Frozen Dessert Vendors may not
operate:
a.
Within 40 feet of any intersection.
b.
Within 40 feet of any stop sign, flashing beacon, yield sign, or
other traffic control signal located on the side of the roadway.
c.
On any street where the speed limit exceeds 25 miles per hour;
d.
In any manner that impedes the flow of vehicular or pedestrian traffic
on any public street or sidewalk.
(j)
No vendor may vend at the same location more than once a day or longer
than 15 continuous minutes without moving the vehicle at least 1,000
feet away.
(k)
Vending may only take place in a safe manner with respect to the
vehicular and pedestrian traffic.
(l)
Vendors must pull as far as practical to the side of the street when
stopping to make sales.
(m)
Emergency flashers must be operating at all times when vendor is
stationary.
(n)
No horns may be used when the truck is stationary or at any time
other than authorized times of operation. Music systems may be used.
(o)
Ice cream trucks must be equipped with and utilize a "Watch for Children"
sign and a backup alarm.
(p)
Ice cream trucks must be equipped with a trash container accessible
to the public from the outside of the truck. Any litter associated
with the truck must be removed from the area before the truck leaves
the spot.
[Ord. No. 1019, 6-9-2015]
In addition to the requirements of Section 18-63 of this article, each applicant for the permit required by this article shall furnish and file with the city auditor a surety bond in the amount established by resolution and adopted by the City Commission issued by a surety company licensed to do business in the state and to be approved by the city auditor. Such bond shall list the city as the obligee and shall be conditioned on applicant faithfully complying with all laws, ordinances, rules and regulations pertaining to frozen dessert vending license and specifically indemnifies and holds the city harmless and any citizen thereof from any and all loss, damage or fraud occasioned by such frozen dessert vending. Such bond shall remain in force not to exceed one year and shall expire in 90 days after the holder of such permit notifies the city auditor, in writing, that such holder has ceased to vend as aforesaid, and surrenders such permit to the city auditor.
[Ord. No. 1019, 6-9-2015]
Upon approval of the bona and approval of the application for
a license under this article, the city auditor shall issue the permit
required herein and collect a fee established by resolution and adopted
by the City Commission. See Resolution #15-132 for Ice Cream Truck
Fees for Initial and Annual Issuance.
[Ord. No. 1019, 6-9-2015]
The license required by this article shall be carried at all
times by the applicant to whom issued when vending and shall be exhibited
by such applicant when requested to do so by any police officer or
any customer.
[Ord. No. 1019, 6-9-2015]
The license required by this article may be revoked by the chief
of police for a violation by the holder thereof of any ordinance of
the city or of any state or federal law or for any misrepresentation
made in the application or whenever the holder of such license shall
be guilty in the judgment of the chief of police of fraud, misrepresentation
or deceit or shall cease to possess the character and qualities required
for the issuance of the license.
[Ord. No. 1019, 6-9-2015]
Any person who shall vend within the city without having first obtained a license and posted a bond as required by this article, with the exception noted, or who otherwise violates the provisions of this article shall upon conviction be punished as provided by Section 1-11 of this Code and also the court may, in addition thereto, revoke the license of such violator.
[Ord. No. 1019, 6-9-2015]
It shall be unlawful for any person licensed as a frozen dessert
vendor as provided in this article to solicit or canvass or vend by
using any loud or boisterous language or by making any unnecessary
noise, advances or threats or by touching or interfering with the
person or freedom of prospective customers or by forcing entry into
the residence or place of business of such customers against their
expressed desire or in any way otherwise than in a quiet, orderly
and proper manner.
[Ord. No. 1019, 6-9-2015]
The practice of going in and upon private residences or privately-owned
property in the city by vendors, not having been requested or invited
so to do by the owner or occupant of the private residences or property,
is hereby declared to be a nuisance.
