San Fernando Municipal Code Div. 2 License and Permit

It shall be unlawful for any person to engage in the business of purveying ice cream or similar frozen products from an automotive vehicle on the streets and public rights-of-way in the city without first obtaining an annual permit as specified under this division and such license as may be required by article II of chapter 22 of this Code.

(Code 1957, § 17A.26)

(a) An applicant for an original or a renewal permit required under this division must file with the city clerk, prior to the start of the operation, a sworn application in duplicate on a form to be furnished by the city clerk, which shall give the following information:

(1) The name and a description of the applicant.

(2) The applicant's address, both business and residence.

(3) A brief description of the nature of the business and goods to be sold and whether the products to be sold are produced by or purchased by the applicant.

(4) If employed, the name and address of the employer, and credentials establishing the exact relationship.

(5) The length of time for which the right to do business is desired.

(6) A description of the vehicle to be used together with the license number, a picture of the vehicle, a copy of the registration and a copy of an active automotive insurance policy covering the applicant's vehicle with the insurance company's agreement to notify the city 30 days prior to cancellation.

(7) A copy of the applicant's valid driver's license.

(8) A photograph of the applicant, taken within 60 days immediately prior to the date of filing the application, which picture shall be at least two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner.

(9) The fingerprints of the applicant to be taken by the police department.

(10) A statement as to whether the applicant has been convicted of any felony or misdemeanor, the nature of the offense and the punishment or penalty assessed therefor.

(b) At the time of filing the application, a fee established by resolution shall be paid to the city clerk to cover the cost of investigation.

(Code 1957, § 17A.28)

(a) Within 72 hours of receipt by the city clerk of the application for the permit required under this division, the original shall be referred to the chief of police, who shall cause the applicant to be fingerprinted and conduct such other investigation regarding the applicant's business and moral character to be made as he deems necessary for the protection of the public good.

(b) If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application his disapproval and his reasons for disapproval and shall return the application to the city clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.

(c) If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval and return the application to the city clerk. The applicant, upon paying the prescribed license fee, shall be issued his permit and a five-inch vehicle sticker which must be affixed permanently to the applicant's vehicle. Only the vehicles listed in subsection 58-192(a)(6) may have the sticker and be used with the permit. The permit must be carried in the vehicle at all times.

(d) No applicant shall begin operation until the permit is issued and the sticker affixed to the vehicle.

(Code 1957, § 17A.29)

Permits issued pursuant to this division shall be deemed annual permits and are subject to the provisions of section 22-218 of this Code regarding expiration and renewal.

(Code 1957, § 17A.30)

No permit issued under this division shall be used at any time by any person other than the one to whom it was issued.

(Code 1957, § 17A.31)

A permit and license issued pursuant to this division shall be exhibited at the request of any person.

(Code 1957, § 17A.32)

(a) Any permit issued under this division and any license issued under article II of chapter 22 of this Code may be revoked by the city administrative services officer, after notice and hearing, for any of the following causes:

(1) Material false statement contained in the application for the permit.

(2) Material false statement by the permittee in the course of carrying on his business.

(3) Any violation of this article.

(4) Conviction of any felony or any misdemeanor involving moral turpitude.

(5) Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or as to constitute a menace to the health, safety, or general welfare of the public.

(b) Notice of the hearing for revocation of a permit and license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the permittee at his last known address at least ten days prior to the date set for the hearing.

(Code 1957, § 17A.34)

Any person aggrieved by the action of the chief of police or the city clerk in the denial of an application for a permit as provided in this division or in the decision with reference to the revocation of a permit as provided in this division and a license under article II of chapter 22 of this Code shall have the right to appeal to the city council. Such appeal shall be taken by filing with the council, within 14 days after notice of the action to deny the permit or revoke the permit and license has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in this division for notice of a hearing on a revocation. The appeal shall be heard and decided by the council within 30 days from the date such appeal was filed unless such time limit is extended with the written consent of the appellant. The decision and order of the council on such appeal shall be final and conclusive.

(Code 1957, § 17A.35)