Chino Hills Municipal Code Ch. 5.40 Ice Cream Vendors

Footnotes:

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Editor's note— Ord. No. 370, § 5, adopted July 13, 2021, in effect repealed and replaced Ch. 5.40, §§ 5.40.010—5.40.110, and enacted a new Ch. 5.40, §§ 5.40.010—5.40.120, as set out herein. The former chapter pertained to similar subject matter and derived from Ord. 50 § 1 (part), adopted 1993.

For purposes of this chapter, the words and phrases set forth below shall have the following meanings:

"Ice cream vending business" means a business consisting of sales from a motor vehicle upon a City street to the public of ice cream bars, popsicles, paletas, and similar frozen food items and which items make up the majority of the sales or inventory of the business.

"Ice cream vendor" means a person who conducts sales to the public for an ice cream vending business, excluding sidewalk vendors as defined in Section 5.58.020 of this Code.

"Owner" means a person who owns an ice cream vending business and who regularly visits or works at the business when sales are made. If the business is owned by a corporation or partnership, the owner also includes every director, officer, controlling shareholder, and partner who regularly visits or works at the business when sales are made.

"Specified criminal act" includes those crimes defined in the following sections: Penal Code Sections 207, 220, 261, 266, 267, 272, 273(a), 286(c), 288, 288(a) (c), and 313.1, Health and Safety Code Sections 11353, 11353.5, 11361, and 11380, and any crimes requiring registration under Penal Code Sections 290. Specified criminal act also includes crimes in other states or jurisdictions that would be offenses under the preceding sections if committed in the State of California.

(Ord. No. 370, § 5, 7-13-2021)

It is unlawful and a misdemeanor subject to punishment in accordance with Section 1.36.010 et seq. of this Code for any person to vend, sell, or operate as an ice cream vendor, except for sidewalk vendors of ice cream, without having a valid ice cream vendor permit issued by the City. Each applicant for an ice cream vendor permit shall pay a fee as set by resolution of the City Council.

(Ord. No. 370, § 5, 7-13-2021)

Applicants for an ice cream vendor permit shall follow the application process contained in Section 5.32.040 of this Code.

(Ord. No. 370, § 5, 7-13-2021)

Applications for an ice cream vendor permit shall be referred for an investigation and permits shall be issued or denied as set forth in Section 5.32.050 of this Code.

(Ord. No. 370, § 5, 7-13-2021)

An ice cream vendor permit shall expire and be renewable in accordance with Section 5.32.060 of this Code.

(Ord. No. 370, § 5, 7-13-2021)

A permit issued under this chapter may be revoked in accordance with the procedures outlined in Sections 5.32.070 to 5.32.090 of this Code.

(Ord. No. 370, § 5, 7-13-2021)

No permit issued under this chapter shall be transferred to another person or entity nor shall there be an attempt to make such a transfer. The regulations regarding the transfer of a permit set forth in Section 5.32.100 of this Code shall apply to the transfer or attempted transfer of a permit issued under this chapter.

(Ord. No. 370, § 5, 7-13-2021)

A person who operates or causes to be operated an ice cream vending business or who operates as an ice cream vendor without a valid permit issued therefor from the City is subject to a suit for an injunction, prosecution for criminal violation, and any other remedy to which the City may be entitled at-law or in equity.

(Ord. No. 370, § 5, 7-13-2021)

It is unlawful and a misdemeanor for any person to violate any provision of this chapter, and shall subject the violator to punishment in accordance with Section 1.36.010 et seq. of this Code.

(Ord. No. 370, § 5, 7-13-2021)

Any existing business, vendor, or operator who is denied a permit may request an administrative hearing pursuant to Section 5.32.080 of this Code to seek an extension from the City Manager or designee, for up to one (1) year based on grounds of economic hardship. The extension may be granted if adequate conditions may be imposed to achieve the objectives of this chapter.

(Ord. No. 370, § 5, 7-13-2021)

The provisions of Chapter 5.32 that are adopted in this Chapter 5.40 (pursuant to Sections 5.40.030 through 5.40.070) for regulating ice cream vending businesses shall be only those provisions in Chapter 5.32 that may practically be applied to mobile businesses. For purposes of this chapter, the places where an ice cream vending business does business and conducts sales are the various locations wherever the vehicle(s), stop to make sales to the public.

(Ord. No. 370, § 5, 7-13-2021)

In order to preserve the peace, safety, and tranquility of residential neighborhoods, ice cream vendors shall not operate in a City park, City open space or any residential zone, listed in Chapter 16.10 of this Code, earlier than 8:00 a.m. or later than thirty (30) minutes after sunset.

(Ord. No. 370, § 5, 7-13-2021)