ARTICLE XXIII. SALE OF ICE CREAM FROM VEHICLES AND THE LIKE

§ 12-186 LICENSE; DEFINITIONS.

   (a)   License. No person shall operate a motor vehicle, cart, pushcart, or any other type of vehicle for the purpose of engaging in the business or occupation of selling ice cream or ice cream products on the streets, sidewalks and other public places of the City without a license for that purpose from the City issued by the City Clerk.

   (b)   Definitions.

      CART or PUSHCART. All such forms of conveyance not included within the definition of “vehicle” as used herein.

      ICE CREAM, ICE CREAM PRODUCTS or CONFECTIONS. Any frozen product made from cream and/or milk of any kind in connection with any other substance; and sherbet, ice or any imitation ice cream made of water, milk solids or substances, mixtures or compounds offered for sale in imitation of or to resemble ice cream or sherbet.

      VEHICLE. Any vehicles which are self- propelled by self-contained mechanical means such as internal combustion engines, but shall not include those which are propelled merely by pushing, pedaling or other means of manpower.

(Ord. 856, passed 5-2-1949; Ord. 1327, passed 5-7-1956; Ord. 3073, passed 9-26-1988)

§ 12-187 SAME — PREREQUISITE FOR ISSUANCE.

   (a)   Required. No person, firm or corporation shall operate or engage in the business or occupation of operating any vehicle, or cart, or pushcart for the purpose of sale of ice cream, ice cream products, or confections on the streets, sidewalks and other public places of the City without a license for that purpose from the City, issued as provided in this article. Before a license may be issued for such operation of a vehicle classed as a motor vehicle under the Michigan Motor Vehicle Code, it must first be properly licensed and equipped under the Michigan Motor Vehicle Code. A separate license shall be necessary for each vehicle or pushcart.

   (b)   Documentation. Under this section for a vehicle classed as a motor vehicle under the Michigan Motor Vehicle Code, documentation must be provided to the City Clerk showing that the vehicle is properly licensed and equipped under the Michigan Motor Vehicle Code, and that all persons who shall drive said vehicle possess a current valid Michigan driver’s license.

(Ord. 856, passed 5-2-1949; Ord. 1892, passed 3-21-1966; Ord. 3073, passed 9-26-1988)

§ 12-188 SAME — LIMITATION ON NUMBER OF LICENSES.

   The City Council shall refuse a license when in its opinion there are licensed a sufficient number of such vehicle or vehicles, to adequately serve the public, or when the use of streets, sidewalks or public places congest traffic or endanger the person or property of pedestrians or others using streets, sidewalks or public places.

(Ord. 856, passed 5-2-1949; Ord. 1892, passed 3-21-1966)

§ 12-189 SAME — TERM.

   All licenses issued by the City Clerk under this ordinance, unless sooner revoked, shall expire on April 30 each year.

(Ord. 856, passed 5-2-1949; Ord. 1892, passed 3-21-1966)

§ 12-190 SAME — SUSPENSION AND REVOCATION.

   Any license issued under and by virtue of the authority of this ordinance may be suspended by the City Administrator or revoked by the City Council at any time, and a violation of any of the provisions of this ordinance or of any traffic ordinance of the City of Flint or of State or Federal statutes, shall be sufficient grounds for the revocation of any license issued hereunder and shall be considered sufficient grounds for the refusal to grant a license in the first instance.

(Ord. 856, passed 5-2-1949)

§ 12-191 OPERATION OF VEHICLE BY PERSON UNDER 14 PROHIBITED.

   No minor under the age of 14 years shall operate or be permitted to operate any vehicle licensed hereunder.

(Ord. 856, passed 5-2-1949)