It is hereby declared to be in the best interest of the health, safety, and welfare of the citizens of the city that no person, firm, or corporation shall operate a vehicle, cart, or push cart on the streets or the sidewalks of the city for the purpose of selling or dispensing of ice cream, ice cream products, or frozen ice treats until the vehicle, cart, or pushcart is licensed, a background check has been completed, and any person who is operating a motor vehicle used in the sale or dispensing of these products is properly licensed.
(2011 Code, § 5.12.010) (Ord. 320, passed - -2009) Penalty, see § 10.99
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ICE CREAM, ICE CREAM PRODUCTS or FROZEN ICE TREATS. For the purpose of regulating the sale of said products on the streets or the sidewalks of the city and for the licensing and operation of vehicles, carts, or push carts used in connection with such sale, means, and includes any frozen product made from cream and/or milk of any kind in connection with any other substance; sherbet, ice, or any imitation ice cream made of water and milk solids, popsicles, or frozen flavored ice or similar items offered for sale.
SEXUAL CONDUCT OFFENSE. Any of the following:
(1) Section 335a of the State Penal Code, Public Act 328 of 1931, being M.C.L.A. § 750.335a (indecent exposure);
(2) Section 350 of the State Penal Code, Public Act 328 of 1931, being M.C.L.A. § 750.350 (leading, taking, carrying away, decoying, or enticing away a child under 14 years of age);
(3) Section 520b of the State Penal Code, Public Act 328 of 1931, being M.C.L.A. § 750.520b (first degree criminal sexual conduct);
(4) Section 520c of the State Penal Code, Public Act 328 of 1931, being M.C.L.A. § 750.520c (second degree criminal sexual conduct);
(5) Section 520d of the State Penal Code, Public Act 328 of 1931, being M.C.L.A. § 750.520d (third degree criminal sexual conduct);
(6) Section 520e of the State Penal Code, Public Act 328 of 1931, being M.C.L.A. § 750.520e (fourth degree criminal sexual conduct);
(7) Section 520g of the State Penal Code, Public Act 328 of 1931, being M.C.L.A. § 750.520g (assault with intent to commit criminal sexual conduct); and/or
(8) A law of the United States, another state, or a political subdivision of this state or another state substantially corresponding to a violation described in divisions (1) through (7) above.
(2011 Code, § 5.12.020) (Ord. 320, passed - -2009)
(A) No person shall operate or engage in the business or occupation of operating any vehicle, cart, or push cart for the purpose of selling ice cream, ice cream products, or frozen ice treats on the streets, sidewalks, or other public places of the city without first obtaining a license for the vehicle, cart, or push cart. Before a license will be issued for such operation of a vehicle classified as a motor vehicle under the State Motor Vehicle Code, being M.C.L.A. §§ 257.1 through 257.923, said vehicle must first be properly licensed and equipped under such code.
(B) No license shall be issued upon the application of a person who has been convicted of a sexual conduct offense or has a pending unresolved criminal charge for a sexual conduct offense nor shall such a person be allowed to sell ice cream, ice cream products, or frozen ice treats under this chapter.
(C) This chapter does not apply to persons delivering ice cream, ice cream products, or frozen ice treats to a retail business engaged in the sale or distribution of said products, to persons distributing such products to persons along a designated route to households or businesses that have previously ordered said products from the vendor.
(2011 Code, § 5.12.030) (Ord. 320, passed - -2009) Penalty, see § 10.99
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