A. Except as hereinafter set forth, no permit or renewal of an ice cream truck operator's license shall be issued to any of the following persons:
1. Any person under the age of twenty one (21) years;
2. Any person who is currently required to register pursuant to the Utah Penal Code, section 77-27-21.5, Utah Code Annotated, sex offender registration, or its successor;
3. Any person who has been convicted of a crime involving moral turpitude, narcotic or dangerous drugs, a felony conviction for an offense against a person or property, unless a period of not less than five (5) years shall have elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later;
4. Any person who has been convicted of driving a vehicle recklessly within the five (5) years immediately preceding application for a permit;
5. Any person who has been convicted of driving a vehicle while under the influence of alcohol or a controlled substance, or of being in or about a vehicle while under the influence of alcohol or a controlled substance with the intent of driving such vehicle, within the five (5) years immediately preceding application for a permit;
6. Any person who has been convicted of two (2) or more felonies;
7. Any person who does not comply with the requirements of section 5.64.600 of this chapter, or its successor.
B. Notwithstanding the provisions of subsection A3 or A6 of this section, if the hearing examiner receives letters or testimony at a hearing, as provided in chapter 5.02 of this title, which proves by a preponderance of the evidence that the applicant has reformed his/her moral character so as to pose no threat to members of the public, the license shall be issued. Part of the letters or testimony used to establish the preponderance shall come from the applicant's parole officer, if the applicant is still on parole. Failure to provide a recommendation from the applicant's parole officer, if the applicant is on parole, shall be grounds to deny the request. (Ord. 24-03 § 1, 2003)