755.02 PERMIT REQUIRED.
(a) Mobile ice cream vendors shall first obtain a permit for such activity from the Chief of Police. Permits must be displayed as set forth in this chapter in order to be effective.
(b) Permits shall only be effective for the calendar year in which they are issued, and are void for all subsequent calendar years.
(c) The Chief of Police is authorized to issue permits to mobile ice cream vendors upon full compliance by the vendors with the requirements of this chapter. The Chief of Police is authorized to deny permits to vendors operating as mobile ice cream vendors if they are not in full compliance with the requirements of this chapter. Permits shall be issued in duplicate.
(d) The Chief of Police is authorized to collect the fees for the issuance of permits as determined, from time to time, by Council, pursuant to ordinance. Said fees shall include the costs of processing and preparing the permit, obtaining criminal background checks of vendors, and any other costs that the Chief of Police deems to be appropriate. The initial permit fee shall be one hundred dollars ($100.00) per vendor.
(e) The background color or shade of permits shall be changed from one calendar year to the next as directed by the Chief of Police.
(1) Each permit shall contain a clear color photograph of the vendor. Photographs shall be a minimum of 3 inches by 5 inches, or such other dimensions as directed by the Chief of Police.
(2) Photographs must have been taken within three months of the date of issuance of the permit, and must accurately depict the current appearance of the vendor. If the Chief of Police determines that the photograph does not accurately depict the current appearance of the vendor, or is unclear in any way, the vendor shall be required to submit photographs deemed acceptable by the Chief of Police. If the appearance of the vendor changes significantly during the calendar year in which the permit is issued, the vendor shall be required to obtain a new permit with a photograph deemed appropriate by the Chief of Police.
(3) Each permit shall contain the name and address of the vendor.
(4) Each permit shall contain the name and a working telephone number for the owner of the mobile ice cream vendor vehicle, and a working telephone number for the mobile ice cream vendor.
(5) Each permit shall contain the following text in bold print of no less than 24 points font and in all capital letters, “ONLY THE PERSON APPEARING IN THIS PHOTOGRAPH IS AUTHORIZED TO OPERATE THIS MOBILE ICE CREAM VENDOR VEHICLE. IF ANYONE ELSE IS OPERATING THIS MOBILE ICE CREAM VENDOR VEHICLE CALL THE AURORA POLICE DEPARTMENT IMMEDIATELY AT (330)562-8181.” The text and telephone number as set forth in this paragraph may be modified as deemed appropriate by the Chief of Police.
(f) The Chief of Police shall be authorized to create and amend as appropriate the form of application for permits under this chapter. Said form may include such information as the Chief of Police deems appropriate, including but not limited to proof of valid operator’s license, criminal background history, driving history, name, address, social security number, date of birth, proof of insurance with a minimum of three hundred thousand dollars ($300,000) bodily injury and property damage and proof of compliance with City, State, County or other governmental health codes.
(g) The Chief of Police shall have the authority to revoke or suspend the permit of a vendor under circumstances including, but not limited to the following:
(1) Upon substantiated complaints that the vendor is suffering from a communicable disease or has made himself or herself obnoxious to the public by the use of indecent, profane or insulting language, or the unsanitary condition of his or her person or clothing;
(2) Failure to keep and maintain the vehicles and the containers used for the sale of frozen desserts in this City in a clean and sanitary condition at all times;
(3) The sale of frozen desserts by a person who has a communicable disease;
(4) The failure to maintain and satisfy the insurance requirements;
(5) The failure to maintain and satisfy the vehicle requirements;
(6) Any violation of the prohibitions of places of sales;
(7) Any violation of the noise controls;
(8) Upon violation by the vendor of any of the provisions of this chapter;
(9) If it is determined that the vendor made a false material statement in his or her application for a permit.
(h) No person shall operate as a mobile ice cream vendor during any period in which his or her permit has been revoked or suspended by the Chief of Police. Any permit revoked or suspended by the Chief of Police shall be deemed to be null and void upon revocation or during the period of suspension, and vendors displaying such permits shall be deemed to be operating as a mobile ice cream vendor without a permit.
(Ord. 2009-080. Passed 5-26-09.)