(A) License requirements. A license required by this subchapter shall not be issued to any person or entity until all of the following have been completed:
(1) The applicant must pay the license fee;
(2) The applicant must present proof of insurance as provided for in division (D) below;
(3) The applicant must provide the city with a list of potential drivers together with proof of age, driver’s license and photo ID as provided for in division (E) below; and
(4) The applicant must provide the city with proof that each street vending vehicle to be used pursuant to the requested license is equipped as required by division (F) below.
(B) License duration.
(1) An ice cream vendor license shall be valid for the calendar year in which it is issued, or part thereof remaining.
(2) No ice cream vendor license shall be renewable year to year.
(3) A new license, meeting all of the criteria by this subchapter, must be obtained each year.
(C) License revocation.
(1) A license required by this subchapter may be revoked at any time by action of the City Council for cause pursuant to hearing procedures set forth in § 110.033 of this code of ordinances.
(2) Upon the city’s discovery that the ice cream vendor is in violation of any provision of this subchapter, the city may terminate the ice cream vendor’s license pursuant to hearing procedures provided for in § 110.033 of this code of ordinances.
(D) Insurance. The applicant shall present to the city a copy of their insurance for each street vending vehicle in use which provides a $1,000,000 minimum coverage for injury to or death of one person, and $1,000,000 for one accident, and property damage liability insurance with limits of $1,000,000 for each accident and $2,000,000 aggregate with the city named as the additional insured. Each policy shall require a notice of cancellation to the city 30 days prior to termination.
(E) Driver certification. Each ice cream vendor business applying for a license under this subchapter shall submit a list of drivers who will operate an ice cream vending vehicle in the city. All drivers on that list shall:
(1) Possess a valid Utah driver’s license;
(2) Be 18 years of age or older;
(3) Provide the Police Department a criminal history report; and
(4) Obtain a photo identification card, a copy of which shall be filed by the Department with the license application and the original shall be carried by the licensee whenever he or she is performing the business of an ice cream vendor.
(F) Equipment required for ice cream vending vehicles. The following equipment shall be required on any ice cream vending vehicle in the city:
(1) A swing arm caution sign reading “SLOW Children Crossing” that can be extended horizontally from the left side of the vehicle;
(2) A convex mirror mounted on the front of the ice cream vending vehicle so that the driver, in his or her normal seated position, can see the area in front of the truck obscured by the hood; and
(3) An amber beacon light placed on the top of the ice cream vending vehicle which is visible to oncoming traffic and operable when the ice cream vending vehicle is in the process of offering the product for sale.
(G) Ice cream vending restrictions. The following restrictions shall apply to any ice cream vendor within the city limits.
(1) It shall be unlawful to stop for the purposes of selling without the swing arm stop sign in its extended position.
(2) An ice cream vendor driver shall not vend on streets where the speed limit exceeds 25 mph.
(3) An ice cream vendor shall vend only when the ice cream vending vehicle is lawfully parked.
(4) An ice cream vendor shall vend only from the curb or edge of the roadway.
(5) An ice cream vendor shall not vend to any person standing in the roadway.
(6) An ice cream vendor shall not back the ice cream vending vehicle to make or attempt a sale.
(7) An ice cream vendor shall not permit any unauthorized person to ride on or in the vending vehicle.
(H) Prohibited conduct. The following restrictions shall apply to any ice cream vending vehicle within the city limits.
(1) No ice cream vending vehicle may be stopped or parked:
(a) On a sidewalk;
(b) Within 50 feet of an intersection;
(c) On or in a crosswalk;
(d) Between a safety zone and the adjacent curb;
(e) Alongside or opposite any street excavation or obstruction when stopping or parking would obstruct traffic;
(f) In front of or within five feet of a public or private driveway;
(g) Within 30 feet of any flashing signal, stop or yield sign or traffic-control signal; and
(h) Alongside or opposite a curb area which has been constructed to provide accessibility to the sidewalk.
(2) No person authorized to engage in business of vending under this subchapter shall do any of the following:
(a) Unduly obstruct pedestrian or motor vehicle traffic flow;
(b) Obstruct traffic signals or regulatory signs;
(c) Stop, stand or park any vehicle, pushcart or any other conveyance upon any street for the purpose of selling during the hours when stopping, standing and parking have been prohibited by signs or curb markings;
(d) Leave any ice cream vending vehicle unattended at any time, or store, park or leave such ice cream vending vehicle in a public space overnight;
(e) Operate any sound amplifier system contrary to the provisions of Chapter 132 of this code of ordinances;
(f) Conduct business on private residential property;
(g) Conduct business on private commercial property without first having obtained a temporary business license under this business regulation title for the specific business location; and
(h) Conduct business on public property, except for dedicated streets.
(Prior Code, § 14.06.080) Penalty, see § 116.999