This chapter shall be known and may be cited and referred to as the "Mobile Ice Cream Vendor Law of the City of West Sacramento."
(Ord. 95-12 § 1; Ord. 97-15 § 2)
This chapter is enacted pursuant to the provisions of Section 7 of Article 11 of the Constitution of the state, Chapter 5 of Division 7 of the California Vehicle Code (commencing with Section 16500), Division 1, Section 280 of the California Vehicle Code, and the city Municipal Code.
(Ord. 95-12 § 2; Ord. 97-15 § 2)
The provisions of this chapter are not the exclusive regulation of mobile ice cream vendors within the city. The provisions of this chapter shall supplement and be in addition to the regulatory codes, statutes and laws enacted by the city, the county, the state or any other legal entity or agency having jurisdiction, before or after the effective date of the ordinance codified in this chapter.
(Ord. 95-12 § 3; Ord. 97-15 § 2)
As used in this chapter:
"Business licensing officer"
means the director of finance for the city or designee.
"City"
means the city of West Sacramento unless specified otherwise.
"County health permit"
means the permit issued by Yolo County department of health evidencing that the vehicle and merchandise has been found to be in clean, sanitary, and safe operating condition.
"County health sticker"
means the sticker affixed to an ice cream truck evidencing that the vehicle is in possession of a Yolo County health permit.
"Darkness"
means any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of one thousand feet.
"Delivery"
means and includes leaving, handing over or surrendering any goods, wares, merchandise or materials previously ordered or purchased by a patron or customer.
"Frozen dessert product"
means and includes ice cream, ice milk, popsicles, frozen yogurt, confections and chilled desserts of any kind.
"Ice cream truck"
means any vehicle as that term defined in the California Vehicle Code, which is equipped or primarily used for retail sales on any public street, alley or highway within the city of West Sacramento of ice cream, ice milk, popsicles, frozen yogurt, frozen dessert products and confections of any kind.
"Mobile ice cream vendor"
means any person, as defined in this section who:
1. 
Conducts, permits or causes the operation of an ice cream truck(s) or pushcart(s).
2. 
Owns, operates, controls, manages or leases an ice cream truck(s) or pushcart(s).
3. 
Contracts with person(s) to drive and vend from ice cream truck(s) or pushcart(s).
"Operator"
means any person who drives, operates, or vends from an ice cream truck or pushcart and shall include the driver and assistant on each ice cream truck.
"Person"
means any natural person, firm, partnership, association, corporation, stockholder and includes, but is not limited to owners, operators, drivers, lessors and lessees of ice cream trucks.
"Pushcart"
means any non-motorized vehicle which is equipped or primarily used for retail sales on any public street, alley or highway within the city of West Sacramento of ice cream, ice milk, popsicles, sherbets, frozen yogurt, frozen dessert products and confections of any kind.
"Safety inspection certificate"
means an inspection certificate evidencing that the vehicle has been inspected by a state certified Licensed Vehicle Inspection Station and found to be in a safe operating condition.
"Vend or vending"
means offering frozen dessert products of any kind for sale from a motor vehicle or pushcart on a street, alley, highway or public place within the city of West Sacramento and includes the movement or standing of an ice cream truck for the purpose of searching for, obtaining or soliciting retail sales of frozen dessert products.
(Ord. 95-12 § 4; Ord. 97-15 § 2)
It is unlawful for any person to operate an ice cream truck or pushcart in violation of the terms and conditions imposed by this chapter.
(Ord. 95-12 § 5; Ord. 97-15 § 2)
It is unlawful for the owner of an ice cream truck or pushcart to drive or operate, or cause or permit another person to drive or operate an ice cream truck or pushcart on the public ways of the city without having a valid mobile ice cream vendor license.
(Ord. 95-12 § 6; Ord. 97-15 § 2)
Any person required to apply for and obtain a license under the provisions of this chapter shall prepare and submit to the business licensing officer, a mobile ice cream vendor license application, and a business license application pursuant to this code.
A. 
Each applicant for a license to operate as an ice cream vendor shall provide on the mobile ice cream vendor application the following information:
1. 
Full name;
2. 
Other names used;
3. 
Date of birth;
4. 
Current address;
5. 
Telephone number;
6. 
Sex, weight, height, color of hair and eyes;
7. 
Place of birth;
8. 
California driver's license number;
9. 
Social Security Number;
10. 
Scars, tattoos, or other distinguishing marks;
11. 
Places of previous employment for the last five years preceding the date of application;
12. 
Previous home addresses for the last five years;
13. 
Whether or not he or she has been convicted of any felony or misdemeanor involving moral turpitude.
The application shall be signed by the applicant under penalty of perjury and filed with the business licensing officer. Such application shall be accompanied by a nonrefundable application fee in such amount as set forth by resolution of the city council.
B. 
The applicant shall provide the number of vehicles or pushcarts to be operated or controlled, and the year, make, body style, serial and engine number, state license plate number, and name and address of the registered and/or legal owner(s) of each vehicle.
C. 
Each ice cream truck shall submit a current inspection certificate issued by a Licensed Vehicle Inspection Station of the state certifying that all required safety equipment on each vehicle is in proper operating condition.
D. 
Each applicant will be required to be fingerprinted and photographed for identification card purposes. The applicant shall be responsible for payment of any state or city fees relating to fingerprinting or photographing.
E. 
Employees of the applicant must also furnish the information in subsection A(1) through (13) and subsection D of this section.
(Ord. 95-12 § 7; Ord. 97-15 § 2)
The business licensing officer shall cause an investigation of each applicant pursuant to the procedures set forth in Chapter 5.04 of this code.
(Ord. 95-12 § 8; Ord. 97-15 § 2)
The business licensing officer shall make his or her determination granting, granting with conditions, or denying the application in writing, and shall mail a copy thereof to the applicant. The order shall become final on the fifteenth day following such mailing. Such mailing shall identify the steps necessary for the applicant to file an appeal as set forth in Section 5.24.150.
A mobile ice cream vendor license shall be denied by the business licensing officer if he or she finds any of the following grounds:
A. 
The applicant knowingly made a false statement of fact required to be revealed in the license application.
B. 
Failure to pay the required fees.
C. 
Failure to provide the insurance required pursuant to Sections 5.24.220 and 5.24.230.
D. 
Failure to provide the number of vehicles or pushcarts to be operated or controlled, and other identifying information for each vehicle.
E. 
Failure to provide a current inspection certificate certifying that all required safety equipment on each vehicle is in proper operating condition.
F. 
The applicant has been convicted of a crime involving moral turpitude.
(Ord. 95-12 § 9; Ord. 97-15 § 2)
The term of a mobile ice cream vendor license shall be one year. The term of the licenses shall be consistent with the provisions set forth in Chapter 5.04 of this code.
Current mobile ice cream vendor license holders will be required to comply with the provisions of the ordinance codified in this chapter within thirty days of its effective date. Failure to comply will result in suspension of the mobile ice cream vendor license. Current license holders will not be required to pay additional applications fees. Fees paid at the initial application process will continue to apply until such time the license expires.
(Ord. 95-12 § 10; Ord. 97-15 § 2)
No license issued pursuant to this chapter shall be transferable or used by a person or entity not named on the permit.
(Ord. 95-12 § 11; Ord. 97-15 § 2)
Licenses issued under the provisions of this chapter shall be issued upon payment, to the business licensing officer a non-refundable application fee in an amount to be determined by resolution of the city council. Such fee shall be due and payable upon the submission of an initial application, or an application to renew a license. Licenses shall not be renewed without proof that the public liability insurance required by this chapter remains in full force and effect.
(Ord. 95-12 § 12; Ord. 97-15 § 2)
A. 
The business licensing officer shall revoke any license issued pursuant to this chapter when any of the following occurs:
1. 
The owner fails to maintain the public liability policy specified in Sections 5.24.220 and 5.24.230 to remain in full force and effect.
2. 
Upon cancellation of such policy for any other reason than as set forth in subdivision 1 of this subsection.
3. 
If the public liability policy does not meet the requirements of Sections 5.24.220 and 5.24.230.
4. 
The renewal fee is not paid.
B. 
The business licensing officer shall not revoke any license issued pursuant to this chapter without first giving five days notice to the holder of such license by certified mail, return receipt requested.
(Ord. 95-12 § 13; Ord. 97-15 § 2)
Any license issued pursuant to this chapter may be suspended by the business licensing officer if he or she finds upon review of a petition for suspension from any city or county officer that:
A. 
A court of competent jurisdiction has determined that the vendor has become a public nuisance; or
B. 
The licensee has violated a condition of the license; or
C. 
Due to a change in circumstances and conditions, the continuance of the activity is hazardous to the public health, welfare or safety; or
D. 
The applicant for the permit made a material misrepresentation of the facts in the application or supporting statements; or
E. 
The vehicle is maintained in violation of the standards prescribed by this chapter.
(Ord. 97-15 § 2)
A petition to suspend a permit shall be filed with the business licensing officer or his or her representative and accompanied by a statement of the grounds or reasons for such action. The business licensing officer shall serve the permittee with a notice of suspension and a copy of such petition by certified mail. The notice will provide the licensee with the process for appeal and/or correction process required to reinstate the permit.
(Ord. 97-15 § 2)
Upon notification of suspension, the affected permittee may appeal the suspension to the hearing officer by the procedures set forth in Chapter 1.08 of this code. The permittee may continue to operate his or her business during the hearing and appeal process until a final decision has been rendered unless it has been determined by the business licensing officer or his or her representative that continued operation would constitute a health or safety hazard to the community. The hearing officer's decision shall be final.
(Ord. 95-12 § 15; Ord. 97-15 § 2; Ord. 09-17 § 2)
After a formal hearing and upon receipt by the business licensing officer that an appeal of the order of suspension has been approved, a license will be issued without need for additional application and/or payment of fees.
(Ord. 97-15 § 2)
It is unlawful of an owner of a ice cream truck or pushcart to drive or operate, or cause or permit another person to drive or operate, an ice cream truck or pushcart(s) on the public ways of the city with an expired or revoked mobile ice cream vendor license.
(Ord. 95-12 § 14; Ord. 97-15 § 2)
A. 
Each ice cream truck shall have a current, valid county of Yolo health inspection sticker affixed to the upper left side of the rear of the vehicle. Each pushcart shall have a current, valid county of Yolo health inspection sticker affixed to the upper left side of the pushcart. Each ice cream truck shall have a current inspection certificate issued by a Licensed Vehicle Inspection Station of the state certifying that all required safety equipment on each vehicle is in proper operating condition, which shall be made available for inspection by law enforcement officials upon request.
B. 
Each individual who drives, operates or vends from an ice cream truck shall have on his or her person a current, valid California Driver's License, which he or she shall make available for inspection by law enforcement officials upon request.
C. 
The license holder shall wear or carry a copy of the mobile ice cream vendor license in a visible position upon his or her person at all times while vending from an ice cream truck or pushcart, and shall produce the same for inspection upon request. Each license holder shall immediately surrender to the business licensing officer or his or her designated representative, any operator's license issued by the city of West Sacramento upon the suspension, revocation or expiration of such or upon leaving employment as an ice cream truck or pushcart operator.
D. 
Each vehicle for which is operated or controlled by the license holder shall have a current valid state vehicle registration form, which shall be made available for inspection by law enforcement officials upon request.
(Ord. 95-12 § 16; Ord. 97-15 § 2)
A. 
Each ice cream truck for which a permit or renewal is sought shall be inspected by a state certified Licensed Vehicle Inspection Station to certify that all required safety equipment on each vehicle is in proper operating condition.
B. 
In addition to other equipment required by law, each ice cream truck shall be equipped with the following:
1. 
A convex mirror mounted so that the occupant of the driver's seat can see the area in front of the truck which is obscured by the vehicle's hood.
2. 
A back-up alarm audible for a distance of at least one hundred feet.
C. 
The business operator shall maintain each ice cream truck the business operator operates in such condition that:
1. 
All doors, windows, hood and trunk shall open and close securely;
2. 
The inside of the ice cream truck shall be clean and free of litter and trash;
3. 
There is a trash receptacle that shall be made accessible to the public when sales occur in which patrons can place package wrappers and trash;
4. 
The exterior of the ice cream truck shall be clean and in good repair, and not have any peeling, dents, rust, scratches or missing components which are discernible at a distance of five feet or more from the truck.
(Ord. 95-12 § 17; Ord. 97-15 § 2)
A. 
There shall be displayed in a conspicuous place on both the front and back of the ice cream truck appropriate warning signs or lettering, e.g., "CAUTION CHILDREN." The lettering shall not be less than six inches in height and the lettering shall be in contrast to the color of the background upon which they are placed.
B. 
There shall be displayed in a conspicuous place on both the right and the left side of the ice cream truck lettering permanently affixed showing the name of the company or operator of the ice cream truck and the business address and telephone number of the owner or operator. The lettering shall not be less than three and one-half inches in height, and shall be in contrast to the color of the background upon which they are placed.
C. 
No other lettering, numbering, price lists, signs or insignia shall be displayed on the right and left side of the ice cream truck so as to interfere with the visibility of the lettering required in subsection B of this section. Price lists will be placed directly under the right passenger window, in an area no larger than four feet in width and two and one-half feet in height. A permanent one inch black border shall enclose the price list.
(Ord. 95-12 § 18; Ord. 97-15 § 2; Ord. 98-2 § 2)
A. 
No person shall vend from a mobile ice cream truck or pushcart which is stopped, parked or standing on any public street alley or highway:
1. 
When the posted speed limit on the public street, alley or highway is thirty miles per hour or greater.
2. 
When the ice cream truck is placed in violation of any other provision of this code, including, but not limited to the California Vehicle Code.
3. 
When any part of the ice cream truck is open to prospective customers other than on the side of the vehicle next to the right side of the street, alley or highway.
4. 
When the ice cream truck is not stopped, parked or standing on the right side of the street, alley, or highway.
5. 
When the prospective customer is standing or sitting in other vehicle.
6. 
When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic.
B. 
No person shall back an ice cream truck to make or attempt to make a sale.
C. 
No minor without a work permit shall ride in or on an ice cream truck.
D. 
No more than two individuals shall be in or on a ice cream truck.
E. 
The headlights and standard warning flashers shall be in operation at all times.
(Ord. 95-12 § 19; Ord. 97-15 § 2)
Sales from mobile ice cream vendors shall be limited to the hours of ten a.m. to darkness, as defined in this chapter.
(Ord. 95-12 § 20; Ord. 97-15 § 2)
A. 
No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck when the ice cream truck is stationary.
B. 
No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck after eight p.m. or one-half hour after sunset, whichever occurs first.
C. 
No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck in such a manner as to create a disturbance of the peace.
D. 
The chief of police may set restrictions on the type and use of any amplifier, loudspeaker or any other instrument or device for the production of sound employed on the ice cream truck in order to prevent a disturbance of the peace.
(Ord. 95-12 § 21; Ord. 97-15 § 2)
No license shall be issued pursuant to this chapter until a policy of public liability insurance as required by this chapter has been secured, and the policy, or a copy of the policy or certificate evidencing the policy, has been deposited with the business licensing officer, along with the required license fee. The policy, or an endorsement thereto, shall provide that the issuing company will not allow the policy to be canceled for any person without first serving a ten-day notice of cancellation upon the city. Such service shall be made by registered mail to the business licensing officer.
(Ord. 95-12 § 22; Ord. 97-15 § 2)
A. 
Each policy required by the chapter shall cover each mobile ice cream truck or pushcart operated by an owner for not less than the following sums:
1. 
For the injury to any one person, or the death of any one person in any one accident, one hundred thousand dollars.
2. 
For the injury to or the death of two or more persons in any one accident, three hundred thousand dollars.
3. 
For the injury to or destruction of property in any one accident, fifty thousand dollars.
B. 
The public liability insurance specified by this section shall be executed by an insurance company authorized to do business in the state by the Insurance Commissioner of the state.
C. 
Up to twenty-five thousand dollars of the insurance requirements set forth in subsection A of this section may be satisfied by depositing with the Department of Motor Vehicles of the state sufficient cash or a bond pursuant to Section 16020 et seq., of the Vehicle Code of the state. If a portion of the insurance requirements are satisfied by such deposits, no permit shall be granted until a copy of the acknowledgment of the deposit issued by the Department of Motor Vehicles of the state specifying the amounts of such deposits has been filed with the business licensing officer.
(Ord. 95-12 § 23; Ord. 97-15 § 2)
Any violation of the provisions of this chapter shall constitute a separate infraction and upon conviction thereof, shall be punishable by a fine pursuant to Section 1.12.030 of this code.
(Ord. 95-12 § 24; Ord. 97-15 § 2)