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:
"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:
6. Sex,
weight, height, color of hair and eyes;
8. California
driver's license 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.
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)