024 of 2003 - Relating to mobile ice cream vendors C 003-1
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SALT LAKE CITY ORDINANCE
No. 24 of 2003
(Mobile Ice Cream Vendors)
AN ORDNANCE ENACTING ARTICLE VII OF CHAPTER 5.64, SALT LAKE CITY
CODE, RELATING TO MOBILE ICE CREAM VENDORS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Article VI of Chapter 5.64, Salt Lake City Code, pertaining to mobile
ice cream vendors be, and the same hereby is, enacted to read as follows:
Chapter 5.64
Article VII. Mobile Ice Cream Vendors
Sec. 5.64.510 Purpose and intent.
The city council expressly finds that vehicles in which ice cream, confections and other
frozen dessert products are carried for purposes of retail sale on the public streets pose special
dangers to the public health, safety and welfare of children and residents in the City of Salt Lake
City. It is the purpose and intent of the city council, in enacting this article, to provide responsible
companies and individuals who engage in the operation of ice cream trucks with clear and
concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace,
safety and welfare of the community.
Section 5.64.520 Business License Required.
It shall be unlawful for any person to engage in the business of mobile ice cream,
confection or other frozen dessert vending unless he/she has first obtained a business license
from the Business License Office. All business licenses shall be issued according to regulations
established by this ordinance and all other applicable ordinances of the City. In addition to the
business license, any person who operates an ice cream truck shall obtain and maintain in full
force and effect a valid ice cream truck operator's license issued by the Police Department of the
City. The use of the term "ice cream" in this Article shall include confections and other frozen
desserts.
Section 5.64.530 Application for Business License.
The application for a mobile ice cream vending business license shall contain all
information relevant and necessary to determine whether a particular license may be issued,
including, but not limited to:
(1) The full name, current address, telephone number, and proof of identity of the
applicant and all persons who will be operating an ice cream truck as a part of the applicant's
business;
(2) A brief description of the nature, character, and quality of goods, wares, or
merchandise to be offered for sale;
(3) The specific routes, if any, along which the vendor intends to conduct business;
(4) If the applicant is employed by another, the name and address of the person, firm,
association, organization, company, or corporation; and
(5) A description of all ice cream trucks to be used in the business, together with the
motor vehicle registration number and license number.
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Section 5.64.540 Health Inspection Certificate.
Any application for a mobile ice cream vending license shall require a health permit from
the Utah Department of Agriculture or its successor agency requiring such health permit in
addition to the regular business license. The applicant's equipment shall be subject to inspections
by the Utah Department of Agriculture or its successor agency requiring such inspections at the
time of application and at periodic intervals thereafter.
Section 5.64.550 Permitting Unlicensed Operator Unlawful.
It is unlawful for any person who owns or controls an ice cream truck to peuuit it to be
driven, and no ice cream truck licensed by the City shall be so driven at any time in the operation
of the business, unless the ice cream truck is operated by a driver who has then in force a valid
ice cream truck operator's license issued under the provisions of this Article.
Section 5.64.560 Driver's License-Application:
An application for an ice cream truck operator's license shall be filed with the Business
License Office of the City on forms provided by the City.
Section 5.64.570 Application-Verification:
The application for a mobile ice cream vendor business license and for an ice cream truck
operator's license shall be verified by the applicant under oath, and he/she shall be required to
swear to the truthfulness of the matters contained upon the application.
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Section 5.64.580 Application-Fee Required:
At the time the ice cream truck operator's application is filed, the applicant shall pay to
the Business License Office a fee, in an amount to be determined by the Mayor or his or her
designee, but not to exceed thirty dollars ($30.00).
Section 5.64.590 State Motor Vehicle Permit Required:
Before any application is finally passed upon by the City, the applicant shall be required
to show that such applicant has a current Utah motor vehicle permit and shall provide a
conforming copy of such permit with the operator application referred to in Section 5.64.100
herein, or its successor section.
Section 5.64.600 Operator Application Form Requirements:
The prospective applicant for an ice cream truck operator's license shall be required to
complete an operator application form containing the following information:
A. The correct legal name of each applicant;
B. For each applicant, the application must also state:
1. Any other names or aliases used by the individual,
2. The age, date and place of birth,
3. Height,
4. Weight,
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5. Color of hair,
6. Color of eyes,
7. Present business address and telephone number,
8. Present residence and telephone number,
9. Utah drivers license or identification number, and
10. Social security number;
C. A statement of the business, occupation or employment history of the applicant
for three years immediately preceding the date of the filing of the application;
D. A statement detailing the license or permit history of the applicant for the five-
year period immediately preceding the date of the filing of the application, including whether
such applicant previously operating or seeking to operate, in this or any other county, city, state
or territory, has ever had a license, permit or authorization to do business denied, revoked or
suspended, or has had any professional or vocational license or permit denied, revoked or
suspended. In the event of any such denial, revocation or suspension, state the date, the name of
the issuing or denying jurisdiction, and state in full the reasons for the denial, revocation or
suspension. A copy of any order of denial, revocation or suspension shall be attached to the
application;
E. All criminal convictions or pleas of nolo contendere, except those that have been
expunged, and the disposition of all such arrests for the applicant for five years prior to the date
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of the application. This disclosure shall include identification of all ordinance violations,
excepting minor traffic offenses (any traffic offense designated as a felony, a class A
misdemeanor, or an alcohol-related offense shall not be construed as a minor traffic offense),
stating the date,place, nature of each conviction or plea of nolo contendere and sentence of each
conviction or other disposition; identifying the convicting jurisdiction and sentencing court and
providing the court identifying case numbers or docket numbers. Application for an ice cream
truck operator's license shall constitute a waiver of disclosure of any criminal conviction or plea
of nolo contendere for the purposes of any proceeding involving the ice cream truck operator's
license;
F. A written certification from the mobile ice cream vending business by which the
applicant operator is employed that the applicant operator has received training from the said ice
cream vending business as to operational requirements of this Article.
Section 5.64.610 Photographs Required:
The applicant for an ice cream truck operator's license shall be required to have a
photograph taken of him/her at police headquarters; applicants for renewal of such licenses shall
furnish an up-to-date photograph or have an additional picture taken at police headquarters, as
shall be determined and directed by the Chief of Police.
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Section 5.64.620 Fingerprints Required:
The prospective applicant for an ice cream truck operator's license shall be required to
file with the Chief of Police two (2) sets of fingerprint impressions, which shall be taken under
the supervision of the Chief of Police.
Section 5.64.630 Investigation Of Applicant:
A. The Police Department shall conduct an investigation of each applicant for each
ice cream truck operator's license, and shall review all of the information filed by the applicant as
required by this Article. Upon completion of the investigation, the Chief of Police shall
recommend approval or disapproval of the proposed application to the Business License
Administrator on the operator application form.
B. It shall be the duty of the Chief of Police to report in writing to the Business
License Administrator any misrepresentation or falsification by the applicant on the police
recommendation form which may be uncovered by the police investigation, and any such
misrepresentation or falsification will constitute just cause for the Business License
Administrator to refuse to issue an ice cream truck operator's license, or to suspend or revoke the
same if it has been issued.
C. The Police Department's recommendation required by subsection A of this
Section shall be based upon:
1. Findings of the criteria specified in Section 5.64.140 of this Article, or its
successor;
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2. The Police Department's recommendation may take into account the length of
time between any criminal conviction and the application for the license and may also
take into account the applicant's rehabilitation efforts, if any.
Section 5.64.640 Driver's Qualifications:
A. Except as hereinafter set forth, no permit or renewal of an ice cream truck
operator's license shall be issued to any of the following persons:
1. Any person under the age of twenty-one (21) years;
2. Any person who is currently required to register pursuant to the Utah Penal Code,
section 77-27-21.5, Utah Code Annotated, sex offender registration, or its successor;
3. Any person who has been convicted of a crime involving moral turpitude, narcotic or
dangerous drugs, a felony conviction for an offense against a person or property, unless a period
of not less than five (5)years shall have elapsed since the date of conviction or the date of release
from confinement for such offense, whichever is later;
4. Any person who has been convicted of driving a vehicle recklessly within the five(5)
years immediately preceding application for a permit;
5. Any person who has been convicted of driving a vehicle while under the influence of
alcohol or a controlled substance, or of being in or about a vehicle while under the influence of
alcohol or a controlled substance with the intent of driving such vehicle, within the five(5) years
immediately preceding application for a permit;
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6. Any person who has been convicted of two (2) or more felonies;
7. Any person who does not comply with the requirements of Section 5.64.600 of this
Article, or its successor.
B. Notwithstanding the provisions of subsection A3 or A6 of this Section, if the
hearing examiner receives letters or testimony at a hearing, as provided in Chapter 5.02 of this
Title, which proves by a preponderance of the evidence that the applicant has reformed his/her
moral character so as to pose no threat to members of the public, the license shall be issued. Part
of the letters or testimony used to establish the preponderance shall come from the applicant's
parole officer, if the applicant is still on parole. Failure to provide a recommendation from the
applicant's parole officer, if the applicant is on parole, shall be grounds to deny the request.
Section 5.64.650 Hearing Upon Rejection:
If the application either for a business license or for an ice cream truck operator license is
rejected, the applicant shall be entitled, upon request, to a hearing before a hearing examiner as
provided in Chapter 5.02 of this Title, or its successor.
Section 5.64.660 Issuance of License.
(1) The Business License Administrator shall notify the applicant in writing of the City's
decision to issue or deny either the business license or an ice cream truck operator's license, not
later than five (5) working days after the applicant has filed a completed application as provided
herein. In the event the city's review of the business license application or the operator
application has not been completed within five (5) days of the filing of a completed application,
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the Business License Administrator shall send written notification to the applicant that the review
period has been extended to a date no later than forty-five (45) days from the filing of the
completed application. If the license has not been denied within forty-five (45) days of the filing
of the completed application, the license for which the application was filed shall be deemed to
be issued.
(2) All licenses, permits, and identification cards issued pursuant to this Article are valid
for one year, unless suspended or revoked, and shall be both non-assignable and non-transferable.
Section 5.64.670 Business License Fees.
Any vendor granted a vending license under this Chapter shall pay the annual business
license fee established in Section 5.04.070 or its successor.
Section 5.64.680 Display of Identification cards and Other Permits.
(1) Any license or penult issued by the Business License Office shall be carried with the
licensee whenever he/she is engaged in vending. Identification cards and health permits shall also
be properly and conspicuously displayed at all times during the operation of the vending
business.
(2) An identification card shall be deemed to be properly displayed when it is attached to
the outer garment of the vendor and clearly visible to the public and law enforcement officials. A
health permit shall be deemed to be properly displayed when attached to the ice cream truck and
clearly visible to the public and law enforcement officials.
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(3) In addition to the foregoing, there shall be printed on both sides of the exterior of the
vehicle being used for vending, in letters or numbers at least 3 inches high and 3 inches wide the
name and current business telephone number of the mobile ice cream vending business for which
said vehicle is operating and the Salt Lake City business license identification number of the
business.
Section 5.64.690 Notification of Name,Address or Telephone Change.
All vendors shall assure that a current and correct name, residence address,mailing
address, and business telephone number are on file with the Business License Division.
Whenever the name or address provided by a licensed vendor on his/her application for a
vending license changes, the licensee shall notify the Business License Administrator in writing
within 14 days of such change and provide the same with the name, address, or telephone number
change.
Section 5.64.700 Exemptions.
The provisions of this Article do not apply to:
(1) Goods, wares, or merchandise temporarily deposited on the sidewalk in the ordinary
course of delivery, shipment, or transfer;
(2) The placing and maintenance of unattended stands or sales devices for the sale,
display, or offering for sale of newspapers, magazines, periodicals, and paperbound books; or
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(3) The distribution of free samples of goods, wares, and merchandise by any individual
from his/her person.
Section 5.64.710 Claims of Exemption.
Any person claiming to be legally exempt from the regulations set forth in this Article or
from the payment of a license fee shall cite to the Business License Administrator the statute or
other legal authority under which exemption is claimed and shall present to the Business License
Administrator proof of qualification for such exemption. In the event such claim is asserted,the
Business License Administrator shall review the claim with the city attorney's office.
Section 5.64.720 Noise restrictions.
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:
A. When the ice cream truck is stationary;
B. Earlier than ten a.m., nor later than eight p.m. or one-half hour after
sunset, whichever occurs first. Sunset shall be determined on any particular day by
the times listed that day in any newspaper of general circulation in Salt Lake
County;
C. In such a manner that such sound is plainly audible 330 feet from such
vehicle; or
D. Along the same block face traveling in either direction on the street more
than once every two consecutive hours.
Section 5.64.730 Use of Public Streets.
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A. Each person or business selling, offering to sell, or displaying for sale ice cream or
similar frozen desserts from or on motorized vehicles on public streets shall abide by the
following conditions and requirements. Failure to comply may result in the suspension or
revocation of a business license or police identification card, and is a Class B misdemeanor:
(1) The motorized vehicle shall have a clearly audible backup warning device that
activates whenever the vehicle is shifted into reverse gear.
(2) The motorized vehicle shall have a convex mirror mounted on the front of the
vehicle so that the driver, in a normal driving position, can see the area in front of the
vehicle that is obscured by the hood.
(3) The motorized vehicle shall have at least two flashing yellow beacons on the
roof of the vehicle, one at the front and one at the rear, at least one of which is visible
from all sides of the vehicle. These beacons shall be activated whenever merchandise is
being sold, offered for sale, or displayed for sale.
(4) The motorized vehicle shall have an operable swing-arm attached to its left
side. This swing-arm shall be of a type, size, and description approved by the City, and
shall be activated whenever the vehicle stops to sell, offer to sell, or display merchandise
on a public street.
(5) The motorized vehicle shall have a sign or decal on the front and on the rear of
the vehicle in letters at least six inches in height and visible for 200 feet along a level,
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straight highway, identifying the vehicle as an ice cream truck and containing the words
"Children Crossing."
(6) The motorized vehicle shall be prohibited from pulling any type of trailer.
(7)Retail merchandise may not be sold, offered for sale, or displayed for sale
from or on motorized vehicles on public streets where the speed limit exceeds 25 miles
per hour.
(8) The operator of the motorized vehicle shall not sell to any person standing in
the roadway.
(9) The operator of the motorized vehicle shall sell, offer to sell, or display for
sale retail merchandise only when the vehicle is completely stopped and lawfully parked,
and shall sell only from the rear or side of the vehicle nearest to the curb or edge of the
roadway.
(10) The motorized vehicle shall not be moved backwards in order to sell, offer to
sell, or display for sale retail merchandise.
(11) Each applicant for a license or renewal under this section shall submit, with
its application, a certificate of insurance executed by an insurance company or association
authorized to transact business in this State, approved as to form by the City Attorney,
that there is in full force and effect general liability insurance in an amount not less than
two hundred fifty thousand dollars ($250,000.00) for one person in any one occurrence,
five hundred thousand dollars ($500,000.00) for two (2) or more persons in any one
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occurrence and one hundred thousand dollars ($100,000.00) for property damage, or such
greater amounts as set forth in section 63-30-34, Utah Code Annotated, 1953, as
amended, or its successor. Such policy or policies shall include coverage of all motor
vehicles used in connection with applicant's business. A current certificate of insurance
shall be kept on file with the City Recorder at all times that applicant is licensed by the
City verifying such continuing coverage and naming the City as an additional insured.
The certificate shall contain a statement that the City will be given written notification at
least thirty(30) days prior to cancellation or material change in the coverage without
reservation of nonliability for failure to so notify the City. Cancellation shall constitute
grounds for revocation of the license issued hereunder unless another insurance policy
complying herewith is provided and is in effect at the time of cancellation/termination.
(12) All motorized vehicles of the applicant and operators shall comply with all
other requirements of this Article and any other requirements of ordinance or statute that
may be applicable.
B. The prohibitions of this section shall not be construed to prohibit vehicles from
carrying business markings or advertising not otherwise prohibited by law.
Section 5.64.740 Vehicle Inspection Prior To Licensing- Fee Required:
Prior to the use and operation of any vehicle under the provisions of this Chapter, and
annually thereafter while being operated by the business licensee hereunder, the vehicle shall be
thoroughly examined and inspected by an authorized representative of the City, and found to
comply with the requirements of this chapter. In addition, the vehicle shall at all times in which it
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is in operation as an ice cream truck within the City be maintained in confoiiuity with the safety
inspection requirements of Utah and Federal law. The licensee shall pay to the City an inspection
fee of$25.00 per truck for each such inspection.
Section 5.64.750 Suspension and Revocation of License.
(1) In addition to any penalties that may be imposed, any license issued under this
Chapter may be suspended or revoked for any of the following reasons:
(a)Fraud, misrepresentation, or knowingly false statement contained in the
application for the license;
(b) Fraud, misrepresentation, or knowingly false statement in the course of
carrying on the business of vending;
(c) Conducting the business of vending in any manner contrary to the conditions
of the license;
(d) Conducting the business of vending in such a manner as to create a public
nuisance; cause a breach of the peace; constitute a danger to the public health, safety,
welfare, or morals; or interfere with the rights of property owners; or
(e) Cancellation of Utah Department of Agriculture authorization, or of the
required authorization of any successor agency, for a food or beverage vending unit due
to uncorrected health or sanitation violations.
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(2) The Business License Administrator shall provide written notice of the suspension or
revocation in a brief statement setting forth the complaint, the grounds for suspension or
revocation, and notifying the licensee or permittee of the appeal procedure. Such notice shall be
mailed to the address shown on the license holder's application by certified mail, return receipt
requested.
(3) If the City revokes a vending license or permit, the fee already paid for the license or
permit shall be forfeited. A person whose license or permit has been revoked under this section
may not apply for a new license for a period of one year from the date that the revocation took
effect.
Section 5.64.760 Appeals.
If the Business License Administrator denies the issuance of a license or permit, suspends
or revokes a license or permit, or orders the cessation of any part of the business operation
conducted under the license or permit, the aggrieved party may appeal the Administrator's
decision in accordance with Sections 5.02.260, 5.02.280, and 5.02.290 of the City Code.
Section 5.64.770 Renewals.
A mobile ice cream vending license may be renewed, provided an application for renewal
and license fees are received by the City no later than the expiration date of the current license.
Any application received after that date shall be processed as a new application.
SECTION 2. This ordinance shall take effect immediately upon the date of its first
publication.
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,
Passed by the City Council of Salt Lake City, Utah this 13tk day of May ,
2003.
(14-
'Ift‘sIRPERSOIC(2.64 —
ATTEST:
CITY ORDER
Transmitted to Mayor on May 13, 2003
Mayor's Action: )( Approved. Vetoed.
MAYOR
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CITY RE RDER
I ` APPROVED AS TO FORM
- t •Salt Lake Gi Anorney's OWN
Data
(SEAL) 1,710r:Aifilq a f
Bill No. 24 of 2003. k; �., iT 1
Published: May 26, 2003 • '
G'\ordina02\Mobile Ice Cream Vendors—5-15-03 final
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