ARTICLE XIV. FROZEN CONFECTION VENDORS
26-701 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Frozen confection means ice cream, ice, popsicles, ice cream bars, frozen candy, and any and all other ice cream or other frozen sugar items with the exception of soft ice cream, which is not to be sold.
Frozen confection vendors means any person who sells, offers for sale, or assists in the sale of any frozen dairy products, ice cream, frozen candies, popsicles and the like from a motor vehicle, as motor vehicle is defined in the state motor vehicle code.
(Ord. No. 1992, § 1(8-201), 5-11-92)
Cross reference—Definitions generally, § 1-2.
26-702 License required.
No person shall engage in, or assist as a helper in, the business of frozen confection vendor within the city without first obtaining a license from the city.
(Ord. No. 1992, § 1(8-202), 5-11-92)
26-703 License application, requirements; content.
Any person desiring to engage or assist in engaging in the business of frozen confection vendor shall file an application in writing with the director of community development upon forms provided by the director. The director shall require the applicant to state in writing upon such forms or to provide with such forms:
(1) Applicant’s full name, residence and post office address, and date of birth.
(2) The class of license for which the application is being made.
(3) The kind of frozen confections the applicant proposes to sell.
(4) The length of time for which the applicant wishes to obtain a license.
(5) The description of the vehicle which the applicant will be using for such business together with the vehicle license plate number and vehicle identification number.
(6) Proof of inspection for safety equipment by the police department.
(7) Proof of $300,000.00 liability insurance, which must be kept current during the lifetime of such license.
(8) Such applications shall be accompanied by two photographs of the applicant at least two inches square and a set of fingerprints made by the police department for the purpose of performing criminal history checks of prior misdemeanor and felony convictions.
(9) Such applicant shall also give the names and addresses of two persons as references.
(10) A performance bond in the amount of $2,000.00 for the duration of the license.
(Ord. No. 1992, § 1(8-203), 5-11-92; Ord. No. 1997, § 1(8-203(7)), 7-27-92)
26-704 Referral of applications for sale of frozen confections.
All applicants for a license for the sale of frozen confections shall be referred to the county health department for approval and determination as to whether the applicant proposes to sell any frozen confections, the vending of which is prohibited under this article, and whether the applicant is free from communicable diseases and has provided for the carrying and storage of such frozen confections in a sanitary manner. No such license shall be issued by the city under this article until the application has been approved by the county health department.
(Ord. No. 1992, § 1(8-204), 5-11-92)
26-705 License nontransferable; fees; term.
(a) Licenses granted under this article shall not be transferable or assignable.
(b) The fees for a license under this article shall be annual or as established from time to time by resolution of the city council.
(c) All licenses issued in the current year shall expire on December 31 of the current year.
(Ord. No. 1992, § 1(8-205), 5-11-92)
26-706 License content; badge; display.
(a) The license granted under this article shall be in such form as to contain a true photograph of the licensee, his address, signature and physical description. All licensees shall carry with them, while peddling, the issued license.
(b) No licensee under this article shall change, remove or obliterate any entry made on such license.
(c) In addition, every licensee while engaging in the licensed business under this article shall wear conspicuously on his outer clothing a badge or emblem to be furnished by the director of community development, stamped with the time for which the licensee has obtained the license to operate under this article, and shall display the metal license plate on the outside of the licensed vehicle at all times, such plate being issued by the community development director. Failure to conspicuously and constantly exhibit the badge or emblem while engaged in the business shall be sufficient cause for suspension or revocation of such license.
(d) It shall be the duty of every licensee under this article to exhibit his license and badge or emblem to any policeman or any person when requested to do so. The failure to show the license or badge upon request shall be deemed a violation of this article.
(Ord. No. 1992, § 1(8-206), 5-11-92; Ord. No. 1994, § 1, 6-8-92)
26-707 Physical examination of peddlers; cessation of activity.
(a) No person who is affected with any infectious disease or with any venereal disease in a communicable form shall work or be permitted to work as a frozen confections vendor. Whenever required by the county health department, any person so employed shall submit to a physical examination by some physician approved by the county health department.
(b) If, as a result of the examination required by subsection (a) of this section, the person is found to be affected with any infectious disease, or with any venereal disease in a communicable form, such employment shall immediately cease. Such persons shall not engage in frozen confections vendoring until such time as the county health department will, after a physical examination, issue a permit entitling the person to resume work.
(Ord. No. 1992, § 1(8-207), 5-11-92)
26-708 Rules and regulations.
(a) All licensees under this article shall comply with the regulations contained in subsection (b) of this section.
(b) No licensee under this article shall:
(1) Sell or offer for sale any unwholesome, defective, faulty, deteriorated, or spoiled confections.
(2) Sell or offer for sale any soft ice cream.
(3) At any time in the sale of goods, wares, foodstuffs or any kind of merchandise, obstruct any street, alley, sidewalk or driveway.
(4) Keep, barter, sell, offer or expose for sale any such goods, wares or merchandise in front of, or at the side of, any property against the wish or desire of the property owner or the tenant or occupant of such property.
(5) Barter, sell, offer or expose for sale any such goods, wares or merchandise within 500 feet of the entrance of any school building between the hours of 9:00 a.m. and 5:00 p.m. on days when school is in session.
(6) Stop licensee’s vehicle for the purpose of consummating a sale within 20 feet of any crosswalk, or if there is not a crosswalk, then within 15 feet of the intersection of property lines at an intersection of highways.
(7) Fail to comply with all provisions of the traffic ordinance of the city.
(8) Remain standing at any one place on any of the streets, alleys or public places in the city for a longer period of time than five minutes while engaging in such business.
(9) Enter upon private premises without the express consent of the owner of such private premises for the purpose of making a sale or transacting any of the business of selling merchandise as a hawker or peddler.
(Ord. No. 1992, § 1(8-209), 5-11-92)
26-709 Articles prohibited or restricted.
(a) No person shall hawk, peddle or vend any meat or meat products of any kind, any poultry, or fresh, cured or smoked fish of any kind.
(b) The peddling, selling, vending or giving away of wrapped frozen ice cream bars and frozen ices known as popsicles or any other type of ice cream from pushcarts or bicycles is prohibited as a necessary police measure for the prevention of traffic accidents and personal injuries on the streets in the city. The peddling of wrapped frozen ice cream bars and also frozen ices known as popsicles and other forms of ice cream products shall be in accordance with the regulations of this article.
(Ord. No. 1992, § 1(8-210), 5-11-92)
26-710 Inspection of food articles; ice cream sales.
(a) The sale of frozen confections shall be subject to inspection by the county health department.
(b) The peddling, sale or offering for sale of frozen confections and any other form of ice cream product shall be sold only from refrigerated trucks of modern design approved by the county health department.
(Ord. No. 1992, § 1(8-211), 5-11-92)
26-711 Sale to minors; warning lights required on vehicle.
No licensee shall make sales to minors under the age of 16 years unless there is displayed on the vehicle flashing warning lights visible from the front and rear and from each side of the vehicle which under normal atmospheric conditions are visible from a distance of 500 feet and unless such vehicle is stopped in a legal parking location not closer than 20 feet of a crosswalk, or, if there is not a crosswalk, then within 15 feet of the intersection of property lines at an intersection of highways.
(Ord. No. 1992, § 1(8-212), 5-11-92)
26-712 Standing restricted.
Licensees under this article shall comply with all provisions of the traffic ordinance and shall not remain standing at one place on any of the streets, alleys or public places for a longer period of time than five minutes while engaging in the business.
(Ord. No. 1992, § 1(8-213), 5-11-92)
26-713 Denial, revocation or suspension of license, permit, registration or certificate.
(a) The city council may revoke, deny or suspend a license for any of the reasons set forth in section 1-24, for any violation of this article or chapter, for disorderly or immoral conduct on the premises, or for the violation of any of the rules, regulations, ordinances and laws applying to the operation of mechanical amusement devices. If a hearing is requested or required regarding denial, revocation or suspension of a license under this article it shall be held pursuant to section 1-24 of this Code.
(b) The city council shall also have the right to place the licensee under this article on probation for a specific period of time for any violation of this Code, prior to suspension or revocation of license.
(c) The order of the city council shall be the final municipal action for the purpose of administrative review and an appeal must be taken to local district court.
(Ord. No. 1992, § 1(8-214), 5-11-92; Ord. No. 2089, 1-14-99)
26-714 Enforcement.
The provisions of this article shall be enforced by the director of community development and the chief of police and their duly authorized representatives. They shall be authorized to enter, during normal business hours, for purposes of enforcement of this article, any vehicle for which a current license is in effect or for which a license has been applied. A license can be denied, revoked or suspended if entry to the vehicle where the license will be in effect is refused during normal business hours.
(Ord. No. 1992, § 1(8-216), 5-11-92)
26-715 Reserved.
Editor’s note—Ord. No. 2089, adopted Jan. 14, 1999, repealed § 26-715, which pertained to violations and penalties and derived from Ord. No. 1992, § 1(8-215), adopted May 11, 1992.
26-716 Adoption of rules.
The city council may from time to time adopt such reasonable rules and regulations, not inconsistent with this article, as they may deem necessary to regulate and govern the peddling, hawking or vending of any frozen confections intended for human consumption.
(Ord. No. 1992, § 1(8-208), 5-11-92)