CROSS REFERENCE: For hawkers and peddlers, generally, see Section 8:7-1 et seq. of these Revised General Ordinances.
[R.O. 1966 § 12:4-68]
No ice cream peddler shall sell, solicit, dispose of or offer for sale his/her goods, wares or merchandise within the City without first obtaining a license from the Division of Tax Abatement and Special Taxes and having paid the license fee hereinafter prescribed.
CROSS REFERENCE: For general milk licensing requirement, see Section 13:4-2.
[1966 Code § 12:4-69]
Applicants for the license required by the preceding section shall apply in writing to the Division of Tax Abatement and Special Taxes on forms supplied by it and verified by the applicant. Such application shall contain the following information:
a. 
The name of the applicant.
b. 
Permanent home address.
c. 
Name and address of firm represented, if any.
d. 
Names and addresses of the persons from whom frozen desserts and special frozen dietary foods were or are to be purchased.
e. 
Three business references.
f. 
The place of residence of the applicant for the preceding three years.
g. 
The length of time for which the license is desired.
h. 
Whether or not the applicant has been convicted of a crime or misdemeanor or violation of any municipal ordinance, and the nature of the offense, if any, for which convicted.
i. 
If the applicant is an employee or representative of any person, the application from the firm or person authorizing the applicant to act as its or his/her representative.
[R.O. 1966 § 12:4-70]
a. 
Upon the issuance of a food handler's certificate, as required by this Article, and the filing of the application with the Division of Tax Abatement and Special Taxes an investigation shall be made concerning the facts therein set forth.
b. 
Upon the application being so presented and approved by the Division of Health and upon payment of the prescribed fee the license shall be issued by the Division of Tax Abatement and Special Taxes.
c. 
The license issued shall not authorize any person, except the designated person named in the license, to engage in business thereunder, and shall not be transferable from the person to whom issued to any other person.
d. 
A separate license must be obtained by an ice cream peddler and every agent or representative working for him/her.
[R.O. 1966 § 12:4-71; amended 8-19-2021 by Ord. No. 6PSF-W (s), 08-19-2021; 4-20-2022 by Ord. No. 6PSF-b, 04-20-2022]
The license fee to be imposed under this Article for each year shall be $150 for each wagon, pushcart, automobile, bicycle or other vehicle or receptacle from which ice cream, ices and flavored ice water are sold. The license fee to be imposed under this Article for each year shall be $ 1,500 for each automobile, motorized vehicle, wagon or other vehicle from which specialty drinks, such as pina coladas are sold. There shall be no more than ten (10) such licenses issued City-wide to distribute or sell the ice cream, ices and flavored ice water. There shall be no more than ten (10) such licenses issued City-wide to distribute or sell specialty drinks, such as pina coladas. No one license can be used for multiple automobiles, vehicles, motorized vehicles or wagons. The $1,500 license fee shall not apply to the non-motorized pushcarts which sell ice cream, ices and flavored ice water; the fee for those non-motorized pushcarts shall be $150 for each.
[R.O. 1966 § 12:4-73]
The license herein provided for may be revoked by the Division of Tax Abatement and Special Taxes for the violation of any of the provisions of this Article upon notice and hearing; provided, however, that a license may be suspended pending a hearing for a period of two weeks when the public health or welfare so requires. Should any license be revoked, no part of the license fee shall be returned.
[R.O. 1966 § 12:4-74]
Upon the issue of such license, the Division of Tax Abatement and Special Taxes shall furnish the licensee with a plate or badge bearing a number corresponding to the number of the license and the year in which it was granted. If a vehicle is used in the conduct of his/her business the licensee shall attach the plate to some conspicuous part of his/her vehicle. If no vehicle be used the licensee shall expose his/her badge to public view, by wearing the same upon some conspicuous place upon his/her person.
[R.O. 1966 § 12:4-75; Ord. 6PSF-E, 8-6-2014]
a. 
Any person desiring a license under this Article shall qualify for and shall be issued a food handler's certificate from the Department of Health and Community Wellness as evidence of his/her suitability for handling food products.
b. 
The requirement concerning food handler's certificates shall not be deemed to apply to a corporation or firm, except that all officers, employees and agents acting as salespersons for any licensed corporation or firm shall obtain such food handler's certificate.
CROSS REFERENCE: For other provisions concerning food handler's certificate, see Section 13:2-25 et seq. of these Revised General Ordinances.
[R.O. 1966 § 12:4-77]
All frozen desserts and special frozen dietary foods which shall be sold, disposed of or offered for sale shall satisfy the requirements of all laws of this State and the regulations promulgated pursuant thereto and all provisions of this Title, relating to food and food products.
[R.O. 1966 § 12:4-78; Ord. 6PSF-E, 8-6-2014]
a. 
All frozen desserts and special frozen dietary foods shall be sold only in sealed containers except as otherwise permitted by the provisions of paragraph b of this section.
b. 
The filling of individual containers with frozen desserts or special frozen dietary foods in or from any automobile, truck or other movable vehicle from the street, highway or other public place is hereby prohibited unless the vehicle shall conform with the following requirements:
1. 
The vehicle shall be of sound construction. That part containing the products, preferably of an acceptable metal, shall be entirely enclosed and kept in a sanitary condition both inside and outside at all times. The truck shall be thoroughly and efficiently insulated, with all openings screened and glass-enclosed. The products-containing compartment of the truck shall have adequate working space to avoid overcrowding. Floors, walls and ceilings thereof shall be constructed of an acceptable impervious material. The fibers shall be properly drained. The truck shall be provided with adequate light and ventilation.
2. 
Adequate refrigerated storage facilities shall be provided for ice cream mix or any finished products. Freezers, to be approved by the Department of Health and Community Wellness, shall be of sanitary construction and capable of being kept clean and sterilized. Freezers shall be constructed of stainless steel.
3. 
Double wash trays of an adequate size to wash the largest movable piece of equipment shall be provided. The sinks shall be provided with hot and cold running water, hot water to be of a temperature not less than 170° F. The sinks shall be properly drained to a septic tank on the truck.
4. 
The truck shall be equipped with a hand washbasin equipped with hot and cold running water. Soap and a single service toweling shall be provided.
5. 
Dispensing windows shall be of sliding construction, properly screened or glassed.
6. 
The unit shall be provided with proper disposal cans for consumer use.
7. 
All utensils used in the dispensing of the products shall be of a single service type.
8. 
No other food products shall be prepared or sold from the truck except frozen desserts or special frozen dietary foods. All edible products used in the manufacture shall be from sources approved by the City.
9. 
A proper and permanent place shall be provided where the truck and all equipment used in the processing of the product will be thoroughly washed and sanitized following each day's operation and before starting the next day's operation.
CROSS REFERENCE: For requirement that street vendors provide waste receptacles, see Section 29:20-7 of these Revised General Ordinances.
[R.O. 1966 § 12:4-79]
It shall be unlawful for any person licensed under the provisions of this Article to peddle the products referred to in this Article on any of the streets or sidewalks set out in Section 8:7-6 of these Revised General Ordinances.
CROSS REFERENCE: The making of noise of peddlers is regulated by Section 20:3-13c, d of these Revised General Ordinances.