This chapter shall be known as the "Ice Cream Vendor Ordinance."
(Prior code § 7-005)
The general purpose of these regulations is to promote the health,
safety, comfort, convenience, prosperity, and general welfare by requiring
that new and existing ice cream vendors provide the community and
customers with a minimum level of cleanliness, quality, safety, and
security.
(Prior code § 7-006)
means any person, firm, or corporation, which owns or controls
any interest in any business engaged in vending as defined in this
section.
means an establishment in which food, containers, equipment,
or supplies are stored or handled for use in ice cream vehicles.
means peddling, hawking, displaying for sale, soliciting
the sale of, offering or exposing for sale, selling, or giving away.
means a motor vehicle engaged in the curbside vending or
sale of frozen and/or refrigerated desserts, confections, or novelties
commonly known as ice cream, pre-packaged candies, pre-packaged snack
foods, or soft drinks, primarily intended for sale to children under
14 years of age.
means any person, firm, partnership, association, or corporation,
and includes, but is not limited to, owners, operators, drivers, lessors,
and lessees of ice-cream vehicles.
means any elementary school, middle school, junior high school,
four-year high school, senior high school, continuation high school,
or any branch thereof.
means all that area dedicated to public use for public street
purposes and shall include, but not be limited to, roadways, parkways,
alleys, and sidewalks.
means the sale of frozen and/or refrigerated desserts, confections,
or novelties commonly known as ice cream, pre-packaged candies, pre-packaged
snack foods, or soft drinks from an ice cream vehicle.
means any person who drives, operates, and/or vends on or
from an ice cream vehicle.
(Prior code § 7-007)
A.
A person
desiring to engage in a vendor operation, as defined by this chapter,
shall submit a written application in a form acceptable to and with
all supporting information required by the City. Such application
shall be accompanied by a non-refundable, non-transferable application
fee in an amount as established by resolution of the City Council.
Any such permit shall be required to be renewed annually and a separate
non-refundable, nontransferable application fee shall be paid yearly
for such renewal application. Vendors must have the permit in their
possession when vending. There must be at least one vendor with a
valid permit on an ice cream vehicle whenever vending is taking place.
B.
A Vendor must obtain a background check in accordance with the requirements of Section 5.08.260 of this code.
C.
If the
ice cream vehicle is equipped with a sound device an additional fee,
in an amount as established by resolution of the City Council, for
a sound permit shall apply.
D.
Every
business owner shall obtain a City business license. As part of the
business license application, business owner shall provide the following:
1.
Proof
of current vehicle registration and a copy of an applicable vehicle
insurance policy.
2.
Four
photographs (showing different exterior views) of each ice cream vehicle.
3.
A
copy of a current San Joaquin County Environmental Health permit.
For a City business license renewal application, business owners must
show proof of payment to a commissary for the prior 12 months.
(Prior code § 7-008)
It is unlawful for any person to vend, or attempt to engage
in vending or operate any ice cream vehicle or conduct any business
for the purpose of vending from any ice cream vehicle parked, stopped,
or standing upon any public street within the City except in accordance
with all applicable provisions of this code.
(Prior code § 7-009)
No person shall dispense any item, other than food or beverages,
from an ice cream vehicle parked or stopped on a street.
(Prior code § 7-010)
No person shall dispense any item from an ice cream vehicle
stopped or parked on a street before 9:00 a.m. or after sunset.
(Prior code § 7-011)
A.
No person
shall dispense any item, at any time, from an ice cream vehicle that
is parked or stopped within 100 feet of an intersection, which is
controlled by a traffic signal or stop sign.
B.
No person
shall dispense any item, at any time, from an ice cream vehicle parked
or stopped anywhere that it will create a traffic hazard.
C.
It shall
be unlawful for an ice cream vehicle to stop, stand, or park on or
along a public street for a period of more than 30 minutes without
moving to a new location at least 100 feet removed therefrom.
D.
No person
shall dispense any item, at any time, from an ice cream vehicle parked
or stopped within 300 feet of the property line of a school prior
to 4:00 p.m. on regular school days.
E.
No person
shall dispense any item, at any time, from an ice cream vehicle parked
or stopped within 300 feet of the property line of any park, playground,
or City Parks and Recreation-operated recreation center.
F.
Vending
shall occur only from the side of the vehicle away from moving traffic
and as near as possible to the curb or side of the street.
G.
Standard
warning flashers shall be in operation immediately upon the ice cream
vehicle stopping to vend and cease operation as the vehicle begins
to move after vending.
H.
The
provisions of the subsections of this section shall not apply if a
written permit has first been obtained from the City Manager, or designee.
(Prior code § 7-012)
No person shall permit a person less than 16 years of age to
ride in or on an ice cream vehicle unless said minor is a family member
or relative of the person operating the ice cream vehicle.
(Prior code § 7-013)
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 vehicle when the ice cream vehicle 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 vehicle which is audible for a distance of more than
300 feet from the ice cream vehicle.
(Prior code § 7-014)
A.
The
exterior of the ice cream vehicle 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
ice cream vehicle.
B.
A trash
receptacle shall be made accessible to the public when sales occur
in which patrons can place package wrappers and trash.
C.
Advertising
decals and price lists shall be placed only on the vending side of
the ice cream vehicle and shall use no more than a maximum area of
24 square feet.
D.
Safety
signs or safety decals may be placed on either side of the ice cream
vehicle.
E.
A current
City business license decal shall be displayed in plain view and at
all times on or immediately adjacent to the front passenger-side window
of the ice cream vehicle.
F.
A sign
displaying the name of the business, the commissary address and the
business phone number shall be displayed on the passenger side of
the ice cream vehicle and shall be clearly visible at a distance of
10 feet.
G.
The
following safety equipment shall be required on all ice cream vehicles:
1.
Signs
painted or mounted on the front and back of each ice cream vehicle
using black four inch tall letters on a yellow background with a black
one inch border around each sign. The sign on the front and back of
each ice cream vehicle shall read "CHILDREN CROSSING" and be 12 inches
high by 48 inches wide. An additional sign or signs shall be painted
or mounted on the rear of each ice-cream vehicle above the first sign
and shall read "WARNING" in English, Spanish and Vietnamese, using
the same size letter and paint requirements.
2.
Standard
warning flashers.
3.
Any
other safety equipment required by the California Vehicle Code.
(Prior code § 7-015)
A violation of this chapter shall constitute a misdemeanor.
Notwithstanding the foregoing, a violation of this chapter is an infraction
when the prosecutor files a complaint charging the offense as an infraction.
(Prior code § 7-016)
