Fremont Municipal Code Art. IV Ice Cream Vendors

(a) Any owner who will use an ice cream vending vehicle to sell or solicit must apply for a vending permit under this chapter with the police department using a written application form to be furnished by the city, which shall set forth the following information:

(1) Name, birth date, and driver’s license of the owner and operator of the ice cream vending vehicle;

(2) Permanent home address and telephone number, and local address and home and mobile telephone numbers, if available, of the owner and operator of the ice cream vending vehicle;

(3) A brief description of the nature of the owner’s business and of the food, goods, wares, and merchandise that are the subject of the application;

(4) If the owner will employ other individuals to work on the ice cream vending vehicle, the name, birth date, address, and driver’s license of the owner’s employees and the exact relationship between the applicant and the other individuals. If the employees change, the owner must notify the chief of police within five business days;

(5) The intended location, days and hours of the vending activities;

(6) Number of motorized vehicles intended to be used for vending, along with a description of the same, together with license number or other means of identification, proof of automobile insurance in a form and at levels of coverage acceptable to the city, and any additional vehicle identification or vehicle safety information that the chief of police finds reasonably necessary;

(7) A statement as to whether or not the owner or operator has been convicted of any felony or misdemeanor involving injury to person(s) or property, theft, fraud misrepresentation, sex crimes or moral turpitude within 10 years preceding the application date or a lifetime registration requirement;

(8) A statement whether or not the owner or operator has failed to pay any judgment arising from or connected with the activities to be authorized by the permit;

(9) A statement whether or not the owner or operator has suffered revocation of any required permit;

(10) Agreement by the owner to indemnify and hold harmless the city, its officers, employees, and elected officials from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the owner’s vending location;

(11) If the owner or an employee working on behalf of the owner is a minor under the age of 16 years old and employed, transported or supervised by another, the owner must provide proof of registration with the State Labor Commission, pursuant to California Code of Regulations Title 8, Section 13670 et seq., including amendments thereto;

(12) A valid health or other permit(s), issued by the appropriate agency, as required by applicable local, state or federal law;

(13) Proof of compliance with Chapter 5.05;

(14) Evidence of general liability and automobile insurance in a form and at levels of coverage acceptable to the city;

(15) Such other information as may be reasonably required by the director in order for him or her to determine the kind and character of the proposed vending or solicitation and whether such vending or solicitation is in the interest of, and not inimical to, the public welfare.

(b) All applications shall be submitted with payment of a nonrefundable fee established by resolution of the city council. Any application submitted without the application fee shall be deemed incomplete. (Ord. 06-2021 § 1, 6-15-21.)

(a) Application for Background Check. Each owner, employee and operator of a ice cream vending vehicle applying for a vending permit under this article shall submit a Livescan fingerprint certificate and application fee in the amount established by resolution of the city council.

(b) Background Clearance. The city may issue a background clearance if:

(1) The owner’s, operator’s, or employee’s information is complete;

(2) The owner, operator or employee has not made a material false statement;

(3) The owner, operator, or employee has not committed a violation of any law related to theft, possession of stolen property, the sale of narcotics, sex crimes or a crime involving moral turpitude;

(4) The background check does not reveal any information or findings relevant to vending or soliciting that indicate unsuitability due to public safety interests or concerns. (Ord. 06-2021 § 1, 6-15-21.)

(a) All ice cream vendors operated by the operator shall be inspected annually and certified by the chief of police or his or her designee.

(b) The operator shall maintain each ice cream vending vehicle in such condition that:

(1) All doors, windows, hood and trunk shall open and close securely;

(2) The inside of the ice cream vending vehicle shall be clean and free of litter and trash;

(3) There is a trash receptacle that shall be made accessible to the public when sales occur in which patrons can place package wrappers and trash;

(4) The exterior of the ice cream vending vehicle shall be clean and in good repair, and not have any peeling, dents, rust, scratches or missing components which are discernible at a distance of five feet or more from the vending vehicle;

(5) Advertising decals and price lists shall be placed only on the vending side of ice cream vending vehicles and shall use a maximum area of 24 square feet.

(c) The operator shall have and maintain in clean operating condition on each ice cream vending vehicle the operator operates the following safety equipment:

(1) Signs painted or mounted on the front and back of each ice cream vending vehicle and clearly legible form a distance of 100 feet under daylight conditions. The sign on the front and back of each vehicle shall read “CHILDREN CROSSING” and “WARNING” in English. Each sign shall be at least 12 inches high by 48 inches wide with letters of a dark color and at least four inches in height, a one-inch-wide solid border, and a sharply contrasting background.

(2) Standard warning flashers.

(3) Any other safety equipment required by the California Vehicle Code.

(d) Each operator shall maintain an identification number, provided by the chief of police, painted or placed on the sides and back of each ice cream vending vehicle. The number shall be of such color, size and placement so that the identification number can be easily read at a distance of 10 feet. (Ord. 06-2021 § 1, 6-15-21.)

(a) Sales from ice cream vending vehicles shall be limited to local residential streets that have 25 miles per hour speed limits or less.

(b) The parking restrictions in this chapter that apply to persons who vend from mobile vending vehicles shall apply to operators and employees under this article.

(c) No sales shall be made while an ice cream vending vehicle is parked within 100 feet of any intersection with any public street with a posted speed limit over 25 miles per hour.

(d) The standard warning flashers shall be in operation immediately upon the ice cream vending vehicle stopping to vend and cease operation as the ice cream vending vehicle begins to move after vending.

(e) No person shall stop to vend from an ice cream vending vehicle within 200 feet of another ice cream vending vehicle that has already stopped to vend or if the vendor does not have an unobstructed view for 200 feet in both directions along the highway and of any traffic on the highway. (Ord. 06-2021 § 1, 6-15-21.)

Sales from ice cream vending vehicles shall be limited to the hours of 10:00 a.m. to one-half hour after sunset. (Ord. 06-2021 § 1, 6-15-21.)

(a) No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream vending vehicle when the ice cream vending vehicle is stationary.

(b) No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream vending vehicle after 7:00 p.m. or one-half hour after sunset, whichever occurs first.

(c) No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream vending vehicle in such a manner as to create a disturbance of the peace.

(d) The chief of police may set reasonable restrictions on the type and use of any amplifier, loudspeaker, or any other instrument or device for the production of sound employed on an ice cream vending vehicle in order to prevent a disturbance of the peace. (Ord. 06-2021 § 1, 6-15-21.)