Sec. 7-492. Appeal procedures.

   (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)

Sec. 7-493. Display of license.

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)

Sec. 7-494. Penalties.

Any person who commits, causes, permits, facilitates, or aids or abets any violation of, or who fails to perform any act or duty required by this article is guilty of a class one misdemeanor.

(Ord. No. 10236, § 1, 12-20-05, eff. 6-1-06)

Sec. 7-495. Separate license required to operate in city parks and other city property.

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)

Secs. 7-496--7-500. Reserved.

ARTICLE XXIV. LESSORS OF COMMERCIAL REAL PROPERTY DISCLOSURE REQUIREMENTS

Sec. 7-501. Definitions.

As used in this article, the term "non-residential commercial real property" shall mean any real property zoned for or intended to be used primarily for commercial activities.

(Ord. No. 10562, § 1, 7-8-08, eff. 10-15-08)