(A) No person, firm or corporation shall sell or offer for sale from any motor vehicle unit on any public street in the city any frozen ice cream mix product, cones, syrups and toppings, ice cream, novelties or carbonated beverage for human consumption from any motor vehicle unit without first having secured a license therefor.
(B) (1) Applicants for licenses under this section must file with the Mayor a sworn application in writing which shall give the following information.
(a) Name and description of applicant;
(b) Address of applicant;
(c) A description of the nature of the business and the goods to be sold;
(d) If employed, the name and address of the employer together with credentials establishing the exact relationship;
(e) A description of the vehicle used, together with the license number and serial number;
(f) A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner;
(g) The fingerprints of the applicant and the names of at least two reliable property owners in the county who will certify as to the applicant’s good character and business responsibility of the applicant as will enable an investigator to properly evaluate the character and business responsibility; and
(h) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
(2) Upon receipt of the application by the Mayor, he or she shall cause an investigation of the applicant’s business and moral character to be made as he or she deems necessary for the protection of the public good.
(3) If, as a result of the investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the Mayor shall notify the applicant that his or her application is disapproved and that no license will be issued.
(4) If the character and business responsibility of the applicant are found to be satisfactory, upon payment of the prescribed fee and upon compliance with the other requirements of this section, the City Clerk shall issue a license to the applicant signed by the Mayor, City Clerk and the City Collector.
(C) (1) The fee for a license hereunder shall be $200 for an annual license covering the period from May 1 to April 30 of the next succeeding year.
(2) The Clerk shall issue to each person granted a license hereunder a suitable certificate or badge bearing the number of the license.
(D) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. Any operator or person employed by him or her who dispenses any ice cream mix product, beverage or ingredient from the motor vehicle unit defined herein.
HEALTH AUTHORITY. The City Health Inspector or an authorized representative of the Mayor.
MOTOR VEHICLE UNIT. The term motor vehicle unit shall mean any mobile-van-type truck with a maximum width of 84 inches, a minimum length of 190 inches and a maximum length of 214 inches, containing a self locking, circular type serving window, an air tight stainless steel refrigerated storage box, a steel partition separating cab from serving area, hot and cold running water, built in septic tank for waste water, a minimum 5,000 watt power generator and truck marker lights with a minimum of four rear and two front amber safety blinker lights and 12 amber marking lights, which shall offer for sale to the public, frozen ice cream mix, cones, syrups and toppings, ice cream novelties, carbonated beverages and other frozen ice cream mix products.
OPERATOR. Any person, who by contract, agreement or ownership takes responsibility for servicing, operating, driving or maintaining any motor vehicle unit as defined in this section.
PERSON. Any individual, partnership, corporation, company, firm, institution, association or any other public or private entity.
(E) (1) The health authority or the Mayor’s representative, after proper identification, shall be permitted to enter the motor vehicle unit within the city, or its police jurisdiction, for the purpose of inspecting the operation of the motor vehicle unit.
(2) Whenever the health authority or the Mayor’s representative discovers a violation of any provision of this section, he or she shall notify the operator concerned. The notice shall:
(a) Describe the condition found and state which section of this section is violated by the condition;
(b) Provide a specific and reasonable period of time for the correction of the condition; and
(c) State that an opportunity for a hearing on inspection findings will be provided, if a written request for the hearing is filed with the health authority or the Mayor’s representative within ten days of receipt of notice.
(3) Frozen ice cream mix products, ice cream novelties, carbonated beverages and ingredients, cones, syrups and toppings intended for sale shall be obtained from sources complying with the regulations of the city and other applicable state and federal laws and regulations. The products shall be clean and wholesome, free from spoilage and shall be processed, prepared, handled and stored in a manner to be protected against contamination and adulteration. Frozen ice cream mix contained in the ice cream mix dispensers shall be maintained at a temperature not higher than 40°F.
(4) All parts of any frozen ice cream mix equipment which come into direct contact with the ice cream mix shall be effectively cleaned and bactericidally treated.
(F) (1) The motor vehicle unit shall display a sign on the rear of the van which shall read, “Caution Children,” shall have a clearly audible sound system with either a chime or bell tone and shall have marked plainly thereon the name of the operator with his or her address.
(2) The motor vehicle unit shall be kept in a clean and sanitary manner and condition and the operator thereof shall keep his or her hands clean and shall wear clean outer garments while engaged in handling any of the products sold from the motor vehicle unit.
(Ord. 770, passed 5-25-1964) Penalty, see § 113.99