546.04 REGULATION OF MOBILE ICE CREAM VENDORS.

   (a)   Any person desiring to operate a mobile ice cream truck shall make application to the Police Department for and obtain an annual Mobile Ice Cream Vendor License prior to operating in the City. Such person shall submit a completed application on the form provided by the Police Department, which shall include all of the following:

      (1)   Name, present residence address, permanent or business address, and telephone number of the operator of the ice cream truck;

      (2)   The name, address and telephone number of the business entity that owns or furnishes the ice cream truck or franchise to operate such truck under the business's name; if the applicant is self-employed, the applicant shall so state;

      (3)   The make, model, year and current registration number of the vehicle(s) used by the operator;

      (4)    A copy of the operator's driver's license;

      (5)   Two (2) photographs of the applicant operator of appropriate size (approximately two inches by two inches (2" x 2")), one (1) of which shall be attached at all times to the license, and the other for the records of the Police Department;

      (6)   A copy of the operator's Mobile Food License issued by the Cuyahoga County Board of Health or another authorized Health Department;

      (7)   Proof of insurance as required in this Section;

      (8)   Submission to fingerprinting, if requested, by the Police Department for local police files and for the purpose of determining the criminal record, if any, of the applicant, or other background check acceptable to the Police Department; and

      (9)    Such other information as may be reasonably required by the Police Department.

   (b)   The applicant shall submit a fee for the License of forty dollars ($40.00) per year.

   (c)   A License shall be promptly issued after submission of a complete application, the fee, and the required background check, unless it is determined by the Police Department that the applicant has willfully misrepresented their identity or intention, or has violated any provision of this Chapter or of Section 1111.05 of the Traffic Code, or has been convicted of any felony or any misdemeanor involving force, violence, moral turpitude, any sex crime law, or driving while under the influence of drugs or alcohol or operating a vehicle while intoxicated.

   (d)   The Mobile Ice Cream Vendor License shall be valid for the calendar year in which it was issued. The License may be revoked or suspended at any time by the Chief of Police, or the Chief's authorized representative, should the person to whom it is issued be found to have willfully misrepresented their identity or intention, or has been convicted of any felony or misdemeanor involving force, violence, moral turpitude, any sex crime law, or driving while under the influence of drugs or alcohol or operating a vehicle while intoxicated, or has violated any section of this Chapter.

    (e)   The operator of a Mobile Ice Cream Truck shall maintain a valid Mobile Food License issued by the Cuyahoga County Board of Health or another authorized Health Department while operating within the City. The license shall at all times be clearly displayed on the vehicle during times of operation.

      (f)    The operator of a Mobile Ice Cream Truck shall maintain general liability insurance and automobile insurance covering the vehicle, business operation and any property or bodily injury that may result from their operation within the City n amount as may reasonably be required by the Director of Law. The operator shall provide a certificate of insurance at the time of application for a License. Licensed operators shall maintain and carry proof of insurance at all times while operating within the City. Failure to carry or maintain the required level insurance shall result in a denial of the application for or a revocation of the License.

   (g)    The operator shall clearly display their City Mobile Ice Cream Vendor License on the exterior of the vehicle or through their vending window so as to be conspicuously visible to all customers. Vendors shall also carry all personal credentials on their person at all times, including a valid Ohio driver's license and proof of insurance, when operating within the City.

   (h)   A Mobile Ice Cream Truck operating in the City shall maintain the following equipment in good working order:

      (1)   A sign saying "Slow" or similar as approved by the Police Department that is attached to the left side of the truck which shall be extended out from the side of the truck while it is parked for sales;

      (2)   A convex mirror mounted on the front so that driver in the driver's normal seating position can see the area in front of the truck obscured by the hood; and

      (3)   A device capable of emitting a sound audible under normal conditions from a distance of not less than 200 feet when the vehicle is backing up.

   (i)    A Mobile Ice Cream Vendor License may be denied, suspended or revoked if it is found that the operator has willfully misrepresented their identity or intention, or has violated any provision of this Chapter or of Section 1111.05 of the Traffic Code, or has been convicted of any felony or any misdemeanor involving force, violence, moral turpitude, any sex crime law, or driving while under the influence of drugs or alcohol or operating a vehicle while intoxicated.

      (1)   Licensee shall be notified promptly, in writing of any decision to deny, revoke or suspend their License and of the licensee's right to appeal the decision.

      (2)   Licensee may appeal a denial, revocation or suspension of a License by submitting a request to appeal, in writing, to the Chief of Police within thirty (30) days of the date of the notice of revocation or suspension. The Chief of Police shall hold a hearing within thirty (30) days of the date the City received the licensee's appeal. The licensee shall have the right to appear at such hearing, to be represented by counsel, and have the right to examine and cross examine witnesses. In the event of a decision and ruling adverse to the licensee, the licensee shall have the right to appeal such decision and ruling to the City's Board of Appeals by sending a written appeal to the Director of Law.

      (3)    Whenever, for any cause, a license is denied or revoked, the operator shall not be eligible for a license for a period of twelve months from the date of denial or revocation of the License.

   (j)   Persons operating a mobile ice cream truck without a valid license may be served with a cease and desist order by the Police Department or may be prosecuted as set forth in Chapter 599. (Ord. 20-88. Enacted 10-26-20.)