(A) No person shall operate a mobile ice cream vending business within the town’s regulatory limits unless the person has first applied for and obtained a certificate of convenience and necessity.
(B) The application for a certificate of convenience and necessity shall be in a form approved by the Police Chief and the form shall contain at least the following, provided at the applicant’s expense:
(1) The full name, physical address and mailing address of applicant.
(2) A certified true copy of a complete driving history check (Division of Motor Vehicles “Master Check”) on the applicant and each proposed driver of any mobile ice cream vending van operated by the applicant’s business.
(3) Proof of liability insurance coverage on all vehicles to be operated in the business, with coverage limits of at least $500 per person per accident.
(4) Legible photocopies of the current year’s North Carolina State Inspection certificate with no discrepancies for each mobile ice cream vending van to be operated under the certificate request of the Police Chief, the applicant shall produce the original of any such inspection certificate for inspection.
(5) That the van will have external safety equipment such as:
(a) Visible flashing lights from the front and rear of vehicle when stopped.
(b) Caution arm that is extended on the traffic side of vehicle when stopped.
(c) Signage on vehicle must be readable from at least 50 feet away “watch for children.”
(6) The route that the mobile ice cream vendor will be taking while in the town’s jurisdiction.
(7) All sales are prohibited within 100 feet of any school property line.
(8) The mobile ice cream vendor cannot sale within any business district of the town.
(9) Sales shall be conducted during daylight hours.
(10) The duration of vendor in an area shall not exceed 60 minutes. An AREA means subdivision, apartment complex or other housing type complexes.
(11) All necessary permits and license shall be obtained prior to commencement of any sales.
(12) The number of mobile ice cream vending vans to be operated and the condition of such vans and all appurtenances.
(13) The Police Chief will also review all application information prior to submittal of application to the Town Manager.
(14) Prior to putting a substitute van into operation, such person shall submit an application to substitute a van and shall comply with all provisions of this chapter except the need of Board approval.
(15) Any other information required by the Police Chief or the Town Manager deemed reasonably related to the health, welfare and safety of the town’s residents.
(Ord. passed 3-18-03; Am. Ord. 2012-013, passed 9-18-12)