The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Block"
means one side of one square city block.
"Ice cream truck"
means any motor vehicle in which ice cream, ice milk, sherbet, yogurt, water ices, snow cones, shakes, or other frozen dairy and non-dairy desserts are carried for the purposes of retail sale on the public streets within the Municipality of Anchorage.
"Ice cream truck vendor"
means a roving vendor offering ice cream, ice milk, sherbet, yogurt, water ices, snow cones, shakes, or other frozen dairy and non-dairy desserts for sale from an ice cream truck on the public streets within the Municipality of Anchorage.
"Roving vendor"
means a person who offers food, goods or services to the public, with or without the use of a motor vehicle, from one or more locations on public property or from no fixed location at all and in a manner that is not within the definition of a sidewalk vendor.
"Special event"
means a fair, festival, exhibition or similar activity in a public place which is authorized to continue for a period of 30 days or less by a permit issued pursuant to section 24.80.010.
"Vendor motor vehicle"
means any motor vehicle used by a roving vendor for retail sales.
(AO No. 88-19, 5-1-1988; AO No. 98-139(S-2), § 2, 10-1-1998; AO No. 98-143(S), § 1, 9-1-1998; AO No. 2005-160, § 1, 11-1-2005; AO No. 2011-39, § 1, 3-29-2011)
A. 
It is unlawful for any person to engage in the business of a roving vendor unless that person has first obtained a license from the municipal clerk as provided in this chapter.
B. 
It is unlawful for any person to engage in the business of a roving vendor in a manner that is inconsistent with the terms of a license issued pursuant to this chapter.
(AO No. 88-19, 5-1-1988; AO No. 2005-160, § 2, 11-1-2005)
A license issued pursuant to this chapter shall not be transferable to another licensee.
(AO No. 88-19, 5-1-1988; AO No. 98-143(S), § 2, 9-1-1998; AO No. 2005-160, § 3, 11-1-2005)
A. 
Roving vendor license. An application for a roving vendor license shall be made to the municipal clerk on a form approved by the municipal clerk and shall include the following items:
1. 
The name of the vending business to be conducted pursuant to the desired license;
2. 
The name, home and business addresses and telephone numbers of the applicant, who shall be the owner and licensee of the vending business to be conducted pursuant to the desired license;
3. 
A complete description of the equipment to be used for display, storage or other purposes related to the business to be conducted pursuant to the desired license, to include a description of every vehicle or trailer to be used, and all distinctive markings and signs;
4. 
Proof that the applicant has obtained a state business license in the applicant's name and the name of the business to be conducted pursuant to the desired license;
5. 
A complete description of the types of goods and services that shall be offered under the desired license; and
6. 
An application fee of $150.00.
B. 
Time of application. An application for a roving vendor license effective October 1 will be accepted by the municipal clerk beginning August 15.
(AO No. 88-19, 5-1-1988; AO No. 91-46; AO No. 93-135, § 1, 9-14-1993; AO No. 98-139(S-2), § 3, 10-1-1998; AO No. 98-143(S), § 3, 8-1-1999; AO No. 2005-117, § 1, 9-13-2005; AO No. 2005-160, § 4, 11-1-2005)
Applicants for a roving vendor license shall provide the following licensing requirements to the municipal clerk's office prior to issuance of a license:
A. 
Proof of insurance as required by section 10.60.110, to include insurance coverage of each vehicle to be used in the vending business;
B. 
Proof of state vehicle registration for each vehicle to be used in the vending business;
C. 
Proof that the applicant has health permits required by chapter 16.60 for preparation and sale of food or beverages, and any license required by Title 11; and
D. 
For ice cream truck vendors, proof of the following:
1. 
Each truck to be used in the vending business has the markings required by sections 10.60.140A.1.c, and 10.60.140A.1.d.
2. 
Each ice cream truck to be used in the vending business has passed a safety inspection required by section 10.60.140B.
E. 
An ice cream truck vendor, and any vendor selling ice cream on a roving basis, shall request a Criminal Justice Information Report (background check), to be mailed or faxed directly from the Department of Public Safety to the Municipal Clerk's office.
1. 
The applicant shall have no conviction for any sexual offense from any jurisdiction. For purposes of this prohibition, a sexual offense includes the offenses named in Article 4 of Chapter 11.41 of the Alaska Statutes or identified by similar name or elements under Anchorage municipal code or the law of another jurisdiction, and offenses included as a sexual offense under the law of another jurisdiction.
2. 
If vending is from an ice cream truck, the applicant shall have no conviction for operating or driving a motor vehicle while under the influence (OUI/DUI) under state or local law within the past 12 months, and no more than one such conviction within five years of the date of municipal license application.
3. 
The requirements and restrictions of this subsection shall apply to the applicant for the municipal roving vendor license and permit to sell ice cream, and any person selling ice cream on a roving basis under the applicant's municipal license. The applicant is responsible for ensuring that the background checks, required for each person operating an ice cream truck or selling ice cream on a roving basis on behalf of the licensee, are mailed or faxed directly from the Department of Public Safety to the Municipal Clerk's office.
The licensee shall be responsible for ensuring that all pertinent insurance policies, vehicle registrations, health permits, and licenses required by this section remain current and valid during the license year.
(AO No. 98-139(S-2), § 4, 10-1-1998; AO No. 2011-39, § 4, 3-29-2011; AO No. 2011-66, § 1, 6-14-2011, effective retroactive 3-29-2011)
A. 
The municipal clerk may suspend, revoke, or otherwise restrict a vendor license for any of the reasons stated in section 10.10.035.
B. 
The municipal clerk shall follow the procedures for suspension, revocation, or restriction of a vendor license as stated in section 10.10.040.
C. 
If an administrative hearing is conducted for findings and conclusions regarding suspension, revocation, or restriction of a vendor license, such hearing shall be conducted pursuant to chapter 3.60.
D. 
Appeals of any decision from the municipal clerk regarding a vendor license shall be made pursuant to section 10.10.045.
(AO No. 88-19, 5-1-1988; AO No. 98-143(S), § 5, 9-1-1998)
A. 
During all hours of operation, a vendor shall display the applicable vendor license in a prominent location on the vending stand or on the vehicle from which the business is conducted pursuant to that license, so as to be protected from the weather and easily visible to the public.
B. 
A vendor shall maintain the following documents, as applicable, at the vendor site or in the vehicle from which the business is conducted pursuant to his license and shall display them to any person upon request:
1. 
Current state business license for the business operated pursuant to the license;
2. 
All government permits relating to the service of food or beverages offered by the vendor;
3. 
A certificate of the insurance as required by section 10.60.110; and
4. 
All government permits relating to the provision of transportation services offered by the vendor.
C. 
Only the following equipment may be brought to a vendor site for use in connection with the business operated there:
1. 
A stand which:
a. 
In total is no larger than three feet wide, ten feet long and seven and one-half feet tall, including all equipment, except for a litter receptacle, stool and ice chest to be provided by the vendor; and
b. 
Includes interior space for concealed storage of all inventory, supplies, equipment and other materials brought to the vendor site in connection with the business conducted there;
2. 
An umbrella may be used in connection with a stand to protect merchandise from weather, but not to display merchandise. The umbrella shall not exceed ten feet in diameter when opened and ten feet in height. If a ten-foot diameter umbrella is used, the umbrella shall be placed in the middle of the stand. Tarping or tenting above the stand is not allowed.
3. 
Each table used as a stand, or as part of a stand shall be completely covered with a clean, solid-colored material which extends to the ground on all sides, and is securely skirted to the ground so as to conceal storage and the table legs;
4. 
Clear plastic sheeting may be used to protect merchandise at the vendor site from inclement weather. Colored tarps or other covering for this purpose are not allowed.
5. 
Cardboard boxes are not allowed for display of merchandise.
(AO No. 88-19, 5-1-1988; AO No. 98-143(S), § 7, 9-1-1998)
A. 
Before any license is issued for a vendor, the applicant shall furnish one or more policies or certificates of liability insurance issued by an insurance company authorized to do business in the state and reflecting the applicable coverage.
1. 
A vendor of food or beverages shall have insurance in the amount and of the types required by section 16.60.030D.3 and AMCR section R16.60.035G.
2. 
A vendor of goods or services shall also submit documentary proof to the municipal clerk indicating that the vendor is covered by liability insurance as follows: personal injury (each occurrence), $100,000.00; aggregate products (each occurrence), $100,000.00; and property damage (each occurrence), $50,000.00.
B. 
Every policy of insurance offered pursuant to this section shall be acceptable only if it is approved by the municipal risk manager.
C. 
Every insurance policy shall contain a clause obligating the insurer to give the municipal clerk written notice no less than 30 days before the cancellation, expiration, nonrenewal, lapse or other termination or alteration of such insurance. A lapse, cancellation, expiration, nonrenewal or other termination or alteration of such insurance shall cause the license to which it pertains to be automatically suspended for so long as the insurance required by this section is not in place.
D. 
Any person may pursue a claim against a vendor and his insurance coverage by filing an action in a court of competent jurisdiction and by serving a copy of such a complaint on the municipal clerk immediately thereafter.
(AO No. 88-19)
A. 
It shall be unlawful for any non-food vendor to engage in the business of a vendor from a motor vehicle:
1. 
On a public right-of-way;
2. 
In a publicly owned or operated parking facility; or
3. 
Within a vehicle parking space designated by a sign or a meter within the area on or between Third and Ninth Avenues and A and L Streets.
B. 
It shall be unlawful for a vendor to attract customers by hawking or physically accosting persons.
C. 
It shall be unlawful for any person to engage in the activities of a vendor at any location other than a vendor site designated by the municipal clerk pursuant to this chapter.
(AO No. 88-19)
As provided for in section 10.10.050, the municipal clerk or law enforcement officials may, during the normal working hours of a vending business licensed under this chapter, inspect the business for the purpose of determining whether the licensee is conducting the business in accordance with the specific requirements of this chapter.
(AO No. 98-143(S), § 9, 9-1-1998)
Notwithstanding the provisions of this chapter, the director of the parks and recreation department shall regulate all activities by vendors on those municipal lands and facilities managed by the parks and recreation department.
(AO No. 88-19; AO No. 2011-39, § 2, 3-29-2011)
A. 
Safety equipment and markings.
1. 
Each ice cream truck shall be equipped with the following:
a. 
At least one amber warning beacon light of at least six inches in diameter and six inches in height mounted on the truck's roof, which is visible from not less than 500 feet from the front and rear of the truck.
b. 
Left and right outside rear view mirrors, as well as two additional outside wide-angle mirrors on the front and back of the truck to enable the driver to see around the entire truck.
c. 
Reflective signs, decals, or lettering on the front and rear of the truck identifying the vehicle as an ice cream truck and providing a warning such as "Slow - Children Crossing," "Caution Children," or "Watch for Children" in at least five-inch lettering and in contrasting colors, which is visible from not less than 300 feet from the front and rear of the truck.
d. 
The name and telephone number of the vending business on both sides of the truck in at least two-inch letters of contrasting colors.
2. 
Refrigeration or generation equipment, if located on the outside of the ice cream truck, shall be completely enclosed and secured in a manner that will prevent public access to and injury from the equipment.
B. 
Safety inspection. Each ice cream truck to be used in the vending business shall be inspected by a certified ASE (Automotive Service Excellence) technician of the vendor's choice and at the vendor's expense. The inspection shall be reported on a checklist form provided by the municipal clerk as part of the roving license application and shall include but not be limited to the following items:
1. 
Certification of compliance with and working order of the safety equipment required by section 10.60.140A.1.a (amber warning beacon light) and section 10.60.140A.1.b (mirrors), and compliance with the requirement to enclose and secure refrigeration or generation equipment located on the outside of the truck per AMC section 10.60.140A.2; and
2. 
Safety check and certification of the working order of the truck's:
a. 
Brakes;
b. 
Steering assembly;
c. 
Headlights, turn signals, brake lights, parking lights, and hazard warning lights;
d. 
Horn and windshield wipers; and
e. 
Tires (tread depth).
The ice cream truck vendor shall provide the municipal clerk's office with the completed inspection checklist form, signed by the technician, along with other documentation which the municipal clerk may require such as proof of technician certification and proof of payment for the inspection.
No ice cream truck shall be licensed and operated until it has passed the safety inspection required by this subsection, to include correcting and reinspecting any and all deficiencies.
C. 
Issuance and display of decal.
1. 
In addition to the annual roving vendor license issued to an ice cram truck vendor, the municipal clerk shall also issue two decals for each ice cream truck to be used in the vending business and which has met the licensing and inspection requirements under this chapter.
2. 
The decal shall be in a form approved by the municipal clerk and shall be self-adhesive, reflective, of a color and size that is distinctive and easily visible, and shall at a minimum state the license's expiration month and year. The color of the decal shall be different from one license year to the next.
3. 
In addition to the display requirements for licenses, permits and certificates under section 10.60.080, each ice cream truck vendor shall prominently display one decal on the driver's side of the rear of the truck above the bumper, and one decal on the driver's side of the front of the truck above the bumper.
D. 
Standards of operation. Ice cream truck vendors shall:
1. 
Not vend on any public street where the legal speed limit exceeds 25 miles per hour.
2. 
Not vend on any public street before 10:00 a.m. and not after 10:00 p.m.
3. 
Not vend and operate sound amplification equipment within 1,000 feet of any school ground of any duly accredited public, or private, elementary, junior high or middle school, while school is in session and during the regular school day hours of that school.
4. 
Not vend on any public street within 50 feet from an intersection.
5. 
Vend only when the ice cream truck is lawfully parked or completely stopped.
6. 
Vend on public streets from the side of the truck away from moving traffic, and within one foot of the curb or edge of the street.
7. 
Not distribute free candy or other free food or merchandise.
8. 
Activate the amber flashing beacon light only while the ice cream truck is in motion and the sound amplification equipment is being operated, or while the truck is stopped for the purpose of vending.
9. 
Activate the ice cream truck's hazard warning lights while the truck is stopped for the purpose of vending.
10. 
Operate sound amplification equipment only as required by the noise restrictions under AMC chapter 15.70, and only while in motion, or stopped for the purpose of vending, on public streets where the legal speed limit does not exceed 25 miles per hour.
11. 
Not back the ice cream truck to make or attempt a sale.
A list of these standards of operation shall be provide by the municipal clerk's office to each ice cream truck vendor, and the vendor shall post a copy of this list in each ice cream truck used in the vending business.
(AO No. 98-139(S-2), § 5, 10-1-1998)