(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
MOBILE FROZEN DESSERT VENDOR. Any person who offers for sale or sells to another ice cream or other frozen dessert products from motor vehicles, human-powered vehicles, bicycles, three- wheeled vehicles or any other form of mobile transportation conveyance on the streets, public or private property within the Town limits of Collierville.
(B) Mobile frozen dessert vehicles (in this section, some are referred to as vendor or vendors) are allowed to sell ice cream and other frozen dessert products under the following conditions:
(1) Vendors must comply with any license required by the state, county and town;
(2) Vendors must comply with Health Department regulations;
(3) Vendors must carry the minimum amount of insurance required by state and county laws;
(4) Vehicles used to transport and dispense frozen desserts must meet all state and county regulations for such vehicles;
(5) Vendors shall not sell/dispense of their products from stationary locations in the Town, including, but not limited to, streets, Town owned property, parking lots, private property or vacant lots;
(6) Vendors shall not park or stop to sell their products within the one-quarter mile of any boundary of a school zone area during the period from one hour before the start of school until one hour after the school day officially ends;
(7) Vendors shall not sell their products after sunset;
(8) A vendor shall make no sales until the vehicle is stopped and lawfully parked;
(9) A vendor shall sell only from the side of the vehicle away from moving vehicles, away from moving traffic and as near as possible to the curb or side of the street;
(10) A vendor shall not sell to a person standing in a roadway;
(11) The driver of a vehicle shall not stop and back the vehicle to make an attempt to make or attempt a sale;
(12) The driver of every mobile frozen dessert vehicle shall at all times when the vehicle is in motion or at a stop take every precaution to protect the safety of the customers against traffic and other hazards;
(13) Vendors shall not operate in congested areas where the selling of the product will impede, cause a safety hazard or inconvenience the public.
(C) For the purpose of this section, the judgement of a police officer or a code official acting in good faith shall be deemed conclusive to determine that an area is too congested or unsafe for a mobile frozen dessert vendor to sell products.
(Ord. 2015-14, passed 8-10-15)