Irvine Municipal Code Ch. 11 Ice Cream Vendors

Footnotes:

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Cross reference— Health regulations for food establishments, § 4-10-401 et seq.

It is the intent of this chapter to prescribe the basic regulations for the operation of ice cream vendors in the City of Irvine. It is the purpose of the City Council in enacting this chapter to provide a clear and concise means of enabling responsible companies and operators to engage in the conduct of vending ice cream within the community in the public interest and to prevent the injurious effects of unqualified operators providing such service.

(Code 1976, § II.M-2101; Ord. No. 273, 11-25-80)

The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Attendant: Any person who travels with the vendor.

Ice cream truck: A vehicle used primarily to sell or offer for sale ice cream, ice milk or other frozen confections to the public from the roadway. This vehicle does not necessarily prepare their product on the vehicle and its wares are not limited to ice cream or ice milk products.

Ice cream vendor: A person who drives and/or sells products from an ice cream vehicle. A vendor also includes any person who assists in the sale of the product in any form.

(Code 1976, § II.M-2102; Ord. No. 273, 11-25-80)

A. No firm or company shall operate or cause the operation of any ice cream truck within the City of Irvine without having first obtained a valid business permit issued under the provisions of Title 2, Division 10 of the Irvine Municipal Code, for each and every ice cream truck.

B. No person shall operate, drive or conduct business in the City of Irvine from any vehicle classified as an ice cream truck without a valid ice cream vendor permit issued by the Department of Public Safety. A nonrefundable fee shall be established by resolution of the City Council which may be amended from time-to-time, which shall be paid to the Business License Division to help defray the costs of investigation and reporting required by this chapter

(Code 1976, § II.M-2103; Ord. No. 273, 11-25-80)

A. Any operator or attendant wishing to conduct business as an ice cream vendor, as defined by this chapter, shall make application to the Department of Public Safety on the forms provided. The completed application shall be turned in to the Public Safety Department in person, and fingerprints shall be taken. The fee established by the State Department of Justice for fingerprinting shall be paid by the applicant.

B. A company desiring to conduct business within the City of Irvine as an ice cream vendor shall make application on the current City business permit application. The application shall be routed through the Public Safety Department for necessary action.

(Code 1976, § II.M-2104; Ord. No. 273, 11-25-80)

A. A person shall be prima facie disqualified for a permit if he or she has been convicted of illegal possession of, use of, attempted sales of or sales of, or distribution of controlled substances, drugs or narcotics; the sale, distribution or display of harmful or obscene matter; indecent exposure; any felony crime against a person; selling or disposing of lottery tickets; permitting gambling, pool selling or bookmaking. As used herein, the term "conviction" includes pleas of guilty and nolo contendere. The investigating City employee is specifically authorized to obtain State summary criminal history record information as provided for in California Penal Code § 11105. Any complaint for the above-listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.

B. Upon issuance, the permit shall be valid for the term of the City business license issued to the applicant.

(Code 1976, § II.M-2105; Ord. No. 273, 11-25-80)

A. Each ice cream truck for which an ice cream vendor permit is sought shall be inspected by the traffic section of the Irvine Police Department to ensure that the vehicle can be safely operated. Each vehicle shall also contain a device enabling the operator to adjust the noise level of any amplification mechanism. This device shall also enable the operator to turn the amplification device off while stopped or parked.

B. Upon successful completion of the inspection, the traffic division shall note their finding on the application and forward to the Director of Public Safety/Chief of Police. The term of the permit shall be the same as the term of the City business permit issued to the applicant.

(Code 1976, § II.M-2106; Ord. No. 273, 11-25-80)

An applicant who is prima facie disqualified for a vendor's permit may make an appeal in writing to the City Manager's Office within five working days from the date of notification of denial. The City Manager or his or her appointee shall consider any mitigating factors such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the nature and seriousness of the crime. The City Manager's Office shall render a decision on the appeal within 15 working days from the filing of an appeal, which shall be final and conclusive.

(Code 1976, § II.M-2107; Ord. No. 273, 11-25-80)

Ice cream vendors shall not operate any sound device or music system when stopped or parked. When operating, such sound or music system shall not exceed the decibel levels set forth in Sections 6-8-204 and 6-8-205 of the Irvine Municipal Code.

(Code 1976, § II.M-2108; Ord. No. 273, 11-25-80)

An ice cream vendor, when stopped or parked to conduct business, shall not place his or her vehicle in such a position as to impede the normal and safe flow of traffic.

(Code 1976, § II.M-2109; Ord. No. 273, 11-25-80)

Ice cream vendors shall not operate their vehicles within 800 feet of any park, playground, recreation facility or school.

(Code 1976, § II.M-2110; Ord. No. 273, 11-25-80)

There shall be displayed in a conspicuous place on both the right and left side of the ice cream truck a sign showing the name of the company or operator of the ice cream truck. The sign shall also contain the business address and telephone number of the owner or operator. The letters of the sign shall not be less than 2.5 inches in height, and the lettering shall be in contrast to the color of the background upon which they are placed.

(Code 1976, § II.M-2111; Ord. No. 273, 11-25-80)

Nothing in this chapter shall preclude the use of ice cream trucks which are properly licensed as an itinerant restaurant in accordance with the provisions of Sections 2-10-1001 through 2-10-1007 of the Irvine Municipal Code.

(Code 1976, § II.M-2112; Ord. No. 273, 11-25-80)

In the event any ice cream vendor operates an ice cream truck or causes an ice cream truck to be operated in violation of the provisions of this chapter, the Director of Public Safety/Chief of Police may revoke or suspend the permit issued pursuant to the provisions of this chapter. The decision of the Chief of Police may be appealed to the City Manager in accordance with the provisions of Section 2-10-1108.

(Code 1976, § II.M-2113; Ord. No. 273, 11-25-80)