(a) In general. It shall be unlawful for a person to operate as an ice cream truck vendor in a residential area or a city park unless such person has received an ice cream truck vendor license from the director.
(b) License application. Any person desiring to obtain or renew an ice cream truck vendor's license shall file an application with the director. Such initial or renewal application shall contain the following information:
(1) The full legal name, date of birth, and residence address of the applicant.
(2) A valid identification issued by any government that includes a photograph of the applicant.
(3) The year, make, model, and color of the motor vehicle the applicant intends on using as an ice cream truck.
(4) A copy of a valid registration certificate issued by the Arizona Division of Motor Vehicles for the ice cream truck identified in paragraph (b)(3).
(5) If employed by a business or other person, the name and address of such business or person.
(6) Any conviction of the applicant or vendor for any of the following:
a. Any misdemeanor or felony within the previous five (5) years if the offense involved sexual misconduct, prostitution, or any of the offenses enumerated in Chapter 14, Title 13, Arizona Revised Statutes (Sexual Offenses) or Tucson Code § 11-28 and any such offense committed outside the State of Arizona that would have been classified as one of the above offenses if committed within the State of Arizona; or
b. Any felony at any time if the offense required registration as a sex offender under the laws of Arizona or of any other state, commonwealth, or possession of the United States.
(7) The applicant's complete fingerprints taken by the Tucson Police Department, along with written verification from the police department of having completed being fingerprinted.
(8) Proof of valid insurance for the ice cream truck identified in paragraph (b)(3).
(9) Payment of the occupational license tax required by section 19-45.
(c) Term of license. The license issued pursuant to subsection (b) shall be valid for one year from the date of its issuance.
(d) Lost and expired licenses. The fee to replace a lost valid license shall be ten dollars ($10.00). If a vendor's license expires prior to filing for renewal, such vendor must reapply for a license and pay any applicable fee or tax.
(e) Applicant background check. The chief shall forward the fingerprints obtained pursuant to paragraph (b)(7), accompanied by the appropriate fees paid by the applicant, to the appropriate state and federal agencies for the purpose of conducting a state and federal criminal records check in accordance with A.R.S. § 41-1750 and Public Law 92-544. The Director of the Arizona Department of Public Safety may exchange the applicant's fingerprint data with the Federal Bureau of Investigation. If the chief determines, based on such background check, that the applicant has a conviction for any offense described in subsection (b)(6), the chief shall recommend to the director that a vendor license be denied or not renewed; otherwise the chief shall recommend that such license be issued or renewed.
(f) License issuance/renewal or denial. The director shall issue an ice cream truck vendor license, or renew such license, upon filing of an application meeting the requirements of subsection (b) and the affirmative recommendation of the chief. If the chief has not made a recommendation to the director within forty-five (45) days after receiving the applicant's fingerprints, the director may consider the application without reference to such a recommendation. If any requirement of subsection (b) is not met or if the chief recommends denial, the director shall deny the applicant a vendor's license or the renewal of such license. If a license is denied or not renewed, the applicant or vendor may appeal pursuant to section 7-492.
(Ord. No. 10236, § 1, 12-20-05, eff. 6-1-06; Ord. No. 10244, § 1, 1-24-06, eff. 6-1-06; Ord. No. 10448, § 14, 9-5-07, eff. 1-1-08)