(A) General Business License Application: Application will be provided by the City Clerk and the application shall contain information including, but not limited to, the name, residence address and residence phone number of the owner and manager of the business, the street and mailing address of the place of business, the business phone number, and the nature of the business to be conducted at such address and any other information deemed necessary by the City of the health and safety of emergency service personnel or utility service providers. Every application shall be personally signed by the owner or his agent and shall be submitted tot the City Clerk within ten (10) days of the opening of the business or any change in the business as directed in Section 3-1-7 of this chapter. Irrespective of the date of the application, the initial application shall be valid from the date of approval of the license until the end of the calendar year.
(B) Mobile Food Business Application:
1. Definition:
MOBILE FOOD BUSINESS: | A business that serves food and/or beverages from a self-contained unit either motorized or in a trailer on wheels. and conducts all or part of its operations on premises other than its own and is readily movable, without disassembling, for transport to another location. |
2. Regulations:
(a) Mobile food businesses shall be located on private property in Commercial zoned areas where an existing permanent business operates in a building with a certificate of occupancy. Mobile food businesses are not allowed on any Citv property or right-of-ways unless invited by an event sponsor.
(b) Mobile food businesses shall provide annually to the City of Wendell:
(1) Written permission from the property owner to allow the operation of a mobile food business;
(2) Permission from the property owner allowing employees and customer access to a commercially plumbed public restroom on site; and
(3) Provide site plan depicting the location of the mobile food business on the property.
3. (a) Temporary connections to potable water are prohibited. Water shall be from an internal tank.
(b) Electricity shall be from a generator or an electrical outlet via a portable cord that is in conformation with the Electrical Code enforced by The State of Idaho. Electrical Bureau. Division of Public Safety. A copy of an electrical permit issued by the State of Idaho must be presented to the City of Wendell prior to a Wendell Mobile Food Business license being issued.
(c) Applicant must provide a copy of the plan for the removal of trray water from mobile food business location. Absolutely no connection to City of Wendell sewer system is allowed.
(d) At least one functional fire extinguisher approved by the Wendell City Fire Department must be present in all Mobile Food Businesses at all times. Mobile food businesses are subject to an initial fire inspection before issuance of a Mobile Food Business license and subject to annual fire inspections or as needed.
4. Applicant must provide a copy of the health permit issued by South Central Health District.
5. Applicant must provide a State ofldaho Tax Identification Number.
6. Mobile food business must provide a garbage container capable of holding all trash and garbage generated by the operation of said business. The container must be emptied periodically as necessary. The immediate area surrounding the mobile food business must be kept free of litter, grease and other debris at all times.
7. A drive through is not permitted in conjunction with any mobile food business.
8. All signage must be securely attached to the mobile food business unit.
9. Only canopies which are part of the unit itself and supported only by the unit will be allowed.
(C) Ice Cream Truck Vendors Application:
1. Definition:
ICE CREAM: | Any frozen dairy or frozen water-based food product. |
ICE CREAM TRUCK: | Any motor vehicle used for selling. displaying or offering to sell ice cream or similar products that do not require further processing. |
ICE CREAM TRUCK VENDING: | Selling, displaying or offering to sell ice cream, popsicles, ice sherbets, frozen desserts, and, as incidental thereto, other food items which are prepackaged by the manufacturer and do not require further processing, such as gum, candy, juice, chips and soft drinks, from an ice cream truck. |
ICE CREAM TRUCK VENDOR/OPERATOR | Any person who owns, sells, displays, or offers to sell ice cream from an ice cream truck or any person who drives or operates such a vehicle. |
2. Licensing Requirements
(a) No person shall engage in ice cream truck vending unless the applicant has been issued a valid license to do so by the City of Wendell. A license must be issued for every person who intends to engage in ice cream truck vending.
(b) All licenses issued pursuant to this regulation shall be conspicuously displayed and clearly visible on the windshield of any ice cream truck operated within the Wendell City limits.
3. Issuance of License
(a) Issuance; In order to obtain license, the following information shall be submitted to the City of Wendell the beginning of each calendar year.
(1) Completed Ice Cream Truck Vender application.
(2) Finger printing is required.
(3) Two (2) current photographs of the applicant
(4) Copy of a current drivers license.
(5) Copy of current proof of liabilitv insurance. Each applicant for a license or renewal under this section shall submit. with its application. a certificate of insurance executed by an insurance company or association authorized to transact business in the State of Idaho. that there is in effect liability insurance in an amount not less than five hundred thousand dollars ($500.000.00) combined single limits for both general liability and business liability coverage. Such policy or policies shall include coverage of all motor vehicles used in connection with applicant's business. A current certificate of insurance shall be kept on file with the City Clerk/Treasure at all times that the applicant is licensed by the City verifying such continuing coverage and naming The City of Wendell as an additional insured. The certificate shall contain a statement that the City of Wendell will be given written notification at least thirty (30) days prior to cancellation or material change in the coverage without reservation of no liability for failure to so notify the City. Cancellation shall constitute grounds for revocation of the license issued hereunder unless another insurance policy complying herewith is provided and is in effect at the time of cancellation/termination.
(6) Applicant must provide a copy of the health permit issued by South Central Health District.
(7) Applicant must provide State of Idaho Tax Identification number.
(b) Investigation by City of Wendell Police Department into criminal history of applicant. Upon receipt of the license application. the City of Wendell Police Department shall conduct an investigation into the criminal history of the license applicant to determine eligibility.
(1) The investigation shall include performing a state and national criminal history records check.
(2) As part of this investigation, the Wendell Police Department shall ensure that the identity of the applicant is true and accurate.
(3) In no case shall a license be issued to anv applicant that is a registered sex offender.
(c) Inspection of Ice Cream Truck: All Ice Cream Trucks must be inspected by the City of Wendell Police Department to ensure compliance with Section 5. A.1. A.2. and A.3.d of this section.
4. Hours of Operation: Ice Cream Truck vendors shall sell, offer to sell, or display for sale products between the following hours: one half-hour after sunrise to one half-hour before sunset.
5. Use of Public Streets:
(a) Each person or business selling, offering for sale, or displaying for sale ice cream or similar frozen, prepackaged desserts from or on a motorized vehicle on public streets shall abide by the following conditions and requirements. Failure to comply may result in the suspension or revocation of a business license, City of Wendell code violation citation or a misdemeanor citation.
(1) The motorized vehicle shall have a clearly audible backup warning device that activates whenever the vehicle is shifted into reverse gear.
(2) The motorized vehicle shall have at least two (2) flashing yellow beacons on the roof of the vehicle. one at the front and one at the rear, at least one of which is visible from all sides of the vehicle. These beacons shall be activated whenever merchandise is being sold, offered for sale, or displayed for sale.
(3) The motorized vehicle shall have a sign or decal on the front and on the rear of the vehicle in letters at least six inches (6") in height and visible for two hundred feet (200') along a level, straight roadway, identifying the vehicle as an ice cream truck and containing the words “Children Crossing”.
(4) The motorized vehicle shall be prohibited from pulling a trailer.
(5) Retail merchandise may not be sold, offered for sale, or displayed for sale from or on any motorized vehicles on public streets where the speed limit exceeds twenty-five (25) miles per hour.
(6) The operator of the motorized vehicle shall not sell to any person standing in the roadway.
(7) The motorized vehicle shall not be moved backwards in order to sell, offer to sell, or display for sale retail merchandise.
(8) The operator of the motorized vehicle shall not sell, offer to sell, or display for sale any retail merchandise at any stop sign or within thirty feet (30') of a roadway intersection.
(9) The operator of the motorized vehicle shall pull as far off the roadway as possible to sell, offer to sell, or display for sale, and do so only from the side of the ice cream truck away from moving traffic and as near as possible to the curb or side of the street. (Ord. 507-2010, 12-2-2010; amd. Ord. 507A-2010, 1-28-2013)