As used in this article, the following words and terms shall
have the meanings ascribed to them in this section:
Ice cream sales vehicle
means a commercially manufactured, motorized vehicle from
which ready-to-eat prepackaged frozen or refrigerated confections,
including but not limited to dairy products, are sold directly to
consumers.
(1983 Code, sec. 27-229; Ordinance 2003-O0019, sec. 1, adopted 2/27/2003)
There shall be issued to the applicant, at the time of actual
issuance of the ice cream sales vehicle driver’s permit, an
identification card, which shall be not less than four (4) inches
by ten (10) inches in dimension, which card shall contain the full
view photograph of the applicant, along with his complete physical
description and residence address. The above-mentioned card shall
be posted in full view of customers of the ice cream sales vehicle
which the driver may be operating.
(1983 Code, sec. 27-238; Ordinance 2003-O0019, sec. 10, adopted 2/27/2003)
It shall be unlawful for any person driving an ice cream sales
vehicle upon or over any street within the corporate limits of the
city to sell or offer for sale to a consumer any ready-to-eat prepackaged
frozen or refrigerated confection, including but not limited to dairy
products, at any time earlier than one-half (1/2) hour before sunrise
or later than one-half (1/2) hour after sunset.
(1983 Code, sec. 27-242; Ordinance 2003-O0019, sec. 14, adopted 2/27/2003)
It shall be unlawful for any person to drive an ice cream sales
vehicle upon or over any street within the corporate limits of the
city, without first having obtained from the chief of police a valid
ice cream sales vehicle operator’s permit.
(1983 Code, sec. 27-230; Ordinance 2003-O0019, sec. 2, adopted 2/27/2003)
Before obtaining an ice cream sales vehicle driver’s permit,
the applicant shall make a written, signed application therefor to
the chief of police accompanied by a fee of thirty dollars ($30.00),
payable to the city. Such application shall contain the following
information:
(1) The
full name, age, place of birth and present residential and business
addresses of the applicant.
(2) The
full name of the person or owner for whom the applicant proposes to
be employed.
(3) The
length of the residence of the applicant in the city and the state,
and whether he is a citizen of the United States.
(4) A
full personal description of the applicant, including age, height,
weight, race, color of eyes, complexion and color of hair, body and
facial marks and defects, if any, his complete fingerprints and his
photograph, both front and side views. (Fingerprints and photograph
to be furnished by police department.)
(5) The
experience, if any, that the applicant has had as a driver of a motor
vehicle; whether married or single; the number of children, if any,
in his immediate family; the specific address of his mother and father,
if living.
(6) Whether
applicant has been charged with or convicted of any felony or misdemeanor,
and, if so, full information concerning each.
(7) Whether
applicant has been convicted of any violation of any law in the operation
of motor vehicles, and, if so, full information concerning each.
(1983 Code, sec. 27-231; Ordinance 2003-O0019, sec. 3, adopted 2/27/2003)
No person shall be issued an ice cream sales vehicle driver’s
permit unless he first produces a valid driver’s license issued
to him by the State of Texas and a criminal history records information
check issued by the Texas Department of Public Safety to the applicant
within thirty (30) days prior to the date of the application.
(1983 Code, sec. 27-232; Ordinance 2003-O0019, sec. 4, adopted 2/27/2003)
The chief of police shall investigate or cause to be investigated
the character, experience and qualifications of the applicant desiring
a city ice cream sales vehicle driver’s permit as may be deemed
in the best interests of the safety, comfort and health of the general
public in the use of the streets by such applicant. The chief of police
shall determine whether or not the applicant is qualified for such
a city ice cream sales vehicle driver’s permit in a manner consistent
with such interests. The chief of police shall consider whether the
applicant has been convicted of a felony or misdemeanor that directly
relates to the duties and responsibilities of the occupation. In carrying
out his duties under this section, the chief of police shall consider:
(1) The
nature and seriousness of the crime;
(2) The
relationship of the crime to the purposes for requiring a permit to
engage in the occupation;
(3) The
extent to which a permit might offer an opportunity to engage in further
criminal activity of the same type as that in which the person previously
had been involved;
(4) The
relationship of the crime to the ability, capacity, or fitness required
to perform the duties and discharge the responsibilities of the permitted
occupation;
(5) The
extent and nature of the person’s past criminal activity;
(6) The
age of the person when the crime was committed;
(7) The
amount of time that has elapsed since the person’s last criminal
activity; evidence of the person’s rehabilitation or rehabilitative
effort while incarcerated or after release; and
(8) Other
evidence of the person’s fitness, including letters of recommendation
from:
(A) Prosecutors and law enforcement and correctional officers who prosecuted,
arrested, or had custodial responsibility for the person;
(B) The sheriff or chief of police in the community where the person
resides; and
(C) Any other person in contact with the convicted person.
(1983 Code, sec. 27-233; Ordinance 2003-O0019, sec. 5, adopted 2/27/2003)
The fingerprints of each applicant for an ice cream sales vehicle
driver’s permit under this article shall be checked through
local police records, and the applicant shall furnish to the police
department a copy of the criminal history record check issued by the
Texas Department of Public Safety required by this division.
(1983 Code, sec. 27-234; Ordinance 2003-O0019, sec. 6, adopted 2/27/2003)
If the applicant has complied with all of the requirements of
this article and if the chief of police determines that the applicant
qualified under this article to receive an ice cream sales vehicle
driver’s permit, the chief of police shall grant such permit.
(1983 Code, sec. 27-235; Ordinance 2003-O0019, sec. 7, adopted 2/27/2003)
The chief of police is authorized to issue an applicant a temporary
ice cream sales vehicle driver’s permit for a period not exceeding
forty-five (45) days, pending the investigation required by this division,
providing other requirements of this article have been satisfied.
The chief of police may suspend or revoke such temporary permit for
the applicant’s violation of the public interests as set forth
in this article.
(1983 Code, sec. 27-236; Ordinance 2003-O0019, sec. 8, adopted 2/27/2003)
No ice cream sales vehicle driver’s permit shall in any
manner be assignable or transferable, and each such permit issued
shall terminate one year from the date of its issuance; provided,
however, that such permit may be renewed from year to year and each
application for renewal of such ice cream vehicle driver’s permit
shall be accompanied by a fee of thirty dollars ($30.00) payable to
the city.
(1983 Code, sec. 27-240; Ordinance 2003-O0019, sec. 12, adopted 2/27/2003)
(a) It
shall be unlawful for any permittee under this article to drive an
ice cream sales vehicle after notice of suspension or revocation of
his permit.
(b) In
addition to any other penalty provided by this code, the chief of
police may suspend for a definite period of time of not more than
six (6) months, revoke or deny the renewal of an ice cream sales vehicle
driver’s permit issued pursuant to the provisions of this division
only under one or more of the following conditions:
(1) Applicant made any false statement of substance in his application
for an ice cream sales vehicle driver’s permit.
(2) Applicant knowingly aided, abetted or otherwise engaged in the sale
or attempted sale of intoxicating liquors, dangerous drugs or controlled
substances while performing the duties of an ice cream vehicle driver
or while utilizing his ice cream sales vehicle driver’s permit,
either on or off duty.
(3) Applicant knowingly aided, abetted or otherwise engaged in the solicitation
or transportation of any persons convicted of any felony or any offense
involving moral turpitude, or any offense involving the violation
of the Texas Penal Code or the Texas Controlled Substances Act or
the Texas Alcoholic Beverage Code or any city ordinances governing
prostitution or adult entertainment enterprises.
(4) Applicant acted in any manner to aid, abet or otherwise solicit for
prostitutes or any other illegal activity or establishment of any
nature.
(5) Applicant shall be found guilty or nolo contendere by any court of
more than two (2) moving traffic violations within a twelve-month
period.
(6) The chief of police otherwise disqualified an applicant for an ice
cream sales vehicle driver’s permit pursuant to the provisions
of the Texas Occupations Code, either in the matter of suspension,
revocation, or denial of a license or denial of a renewal of a license
or permit.
(c) If
a licensing authority, pursuant to the Texas Occupations Code, suspends
or revokes a valid license or denies an applicant a license or the
opportunity to be examined for a license because of the applicant’s
prior conviction of a crime and the relationship of the crime to the
license, the licensing authority shall notify the applicant in writing:
(1) Of the reasons for the suspension, revocation, denial, or disqualification;
(2) Of the review procedure provided by this article; and
(3) Of the earliest date that the person may appeal.
(d) In
the event an applicant is refused a license because of his prior conviction
of a crime and the relationship of the crime to the permit, pursuant
to the provisions of the Texas Occupations Code, the chief of police
shall notify the applicant by certified mail, return receipt requested,
the person whose license has been suspended or revoked or who has
been denied a license or the opportunity to be examined for a license
by a licensing authority, who has exhausted administrative appeals,
may file an action in the district court of the county in which the
licensing authority is located for review of the evidence presented
to the licensing authority and its decision.
(1983 Code, secs. 27-237, 27-241; Ordinance 2003-O0019, secs. 9, 13, adopted 2/27/2003)
If the chief of police refuses to grant or renew the applicant
an ice cream sales vehicle driver’s permit, or subsequently
suspends or revokes said permit, the applicant shall have the right
to appeal to the permit and license appeal board within ten (10) days
from the date of such refusal, which appeal shall be perfected by
delivering to the city secretary a letter stating that an appeal from
the decision of the chief of police is requested. The permit and license
appeal board shall, within thirty (30) days after receiving such notice
of appeal, hold a hearing thereon, and after the hearing, sustain
or reverse the decision of the chief of police. If no appeal is taken
from the finding made by the chief of police within the ten-day period
provided, the decision of the chief of police shall be final.
(1983 Code, sec. 27-239; Ordinance 2003-O0019, sec. 11, adopted 2/27/2003)