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As used in this article, the following terms are defined as follows:
(1) "Chief" means the Chief of the Tucson Police Department or the chief's designee.
(2) "Director" means the director of the department of finance or the director's designee.
(3) "Ice cream" means any frozen dairy or water-based food product.
(4) "Ice cream truck" means any motor vehicle used for ice cream truck vending.
(5) "Ice cream truck vending" means the selling, displaying, or offering to sell ice cream or any other prepackaged food product from an ice cream truck on a street in a residential area or in a city park. Except for activities licensed to occur in city parks, such term does not include an activity licensed pursuant to another provision of the Tucson Code or the selling, displaying, or offering to sell ice cream or other prepackaged food product from a motor vehicle where ice cream or other prepackaged food products are not the primary products offered or displayed for sale.
(6) "Ice cream truck vendor" or "vendor" means any person who owns or operates an ice cream truck.
(7) "Residential area" means any street where over fifty (50) percent of the front footage of either side of the block is devoted to single-family and multiple-family dwellings, dormitories, or mobile homes.
(8) "Street" means any public road, highway, avenue, boulevard, alley, or lane within the city.
(Ord. No. 10236, § 1, 12-20-05, eff. 6-1-06)
(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)
(a) In general. An applicant for an ice cream truck vendor's license, or a vendor seeking renewal thereof, who has been denied a license by the director may appeal such denial as provided in subsection (b).
(b) Appeal requirements. The director shall provide written notice of denial or nonrenewal to the applicant or vendor stating the grounds thereof and the procedures to appeal the decision. The notice may be personally served or mailed, return receipt requested, to the address provided on the application. The applicant for a license, or a vendor seeking renewal thereof, may file an appeal of the director's decision in Tucson City Court, but such appeal must be filed within fifteen (15) days of receipt of the notice or from the date the notice is returned to the director as undeliverable. A hearing shall be scheduled upon receipt of the filing of the appeal before a magistrate or special limited magistrate.
(c) Hearing. At the conclusion of the hearing, if the magistrate or special limited magistrate finds that the grounds for the denial or nonrenewal have been established by a preponderance of the evidence, the magistrate shall uphold the director's decision. Either the city or the applicant or vendor may appeal the ruling to the Pima County Superior Court in accordance with the Superior Court Rules of Appellate Procedure-Civil. If the director's decision is upheld and the vendor or applicant appeals to the Superior Court, such person may not operate unless and until such time as the court orders the license issued or otherwise authorizes the person to operate.
(Ord. No. 10236, § 1, 12-20-05, eff. 6-1-06)
The director shall issue a license to the applicant who shall conspicuously display such license on or within the applicant's ice cream truck. A law enforcement officer may detain an individual operating an ice cream truck in a residential area or city park who is actively engaged in offering for sale the food products located thereon for the limited purpose of determining the status of the individual's license issued under this article.
(Ord. No. 10236, § 1, 12-20-05, eff. 6-1-06)
The license issued pursuant to section 7-491 does not permit an ice cream truck vendor to operate in a city park or other city property (except city right of way in residential areas) unless such vendor also has a license issued by the director of the department having control over such park or other city property.
(Ord. No. 10236, § 1, 12-20-05, eff. 6-1-06)
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