Chapter 6.38

HOTEL REGISTRATION

Sections:

Part 1

GENERAL PROVISIONS

Sections:

• 6.39.010 Definitions.

• 6.39.020 Employee.

• 6.39.030 Ice cream truck.

• 6.39.040 Ice cream truck business.

• 6.39.060 Permittee.

• 6.39.070 Trainee.

• 6.39.080 Business permit required.

• 6.39.090 Employee and trainee license.

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 24602.)

Any person maintaining any motel, lodginghouse, roominghouse or other establishment where sleeping apartments are let for hire, must keep at all times in a convenient place a book or register wherein every person applying for accommodations must sign his name and place of residence, before such accommodations are furnished, and such book or register must at all times be kept in a place where it can be conveniently inspected by the chief of police or police officer. (Prior code § 4265.)

"Employee" means any person who drives or rides on an ice cream truck and who works for or under the direction of, or on behalf of, or as an agent of the business operator. (Ord. 24602.)

"Ice cream truck" means any motor vehicle requiring a license from the California Department of Motor Vehicles which is used to peddle, sell, or vend at retail:

• A. Prepackaged frozen dairy or water-based food products; or

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§ 6.39.030

• B. Soft-serve or hand-dipped frozen dairy or water-based products; irrespective of whether or not the truck carries other prepackaged food products.

• (Ords. 24602, 24918.)

"Ice cream truck business" means the business of peddling, selling or vending at retail, from a truck that travels from place to place on the streets within the city:

• A. Prepackaged frozen dairy or water-based food products; or

• B. Soft-serve or hand-dipped frozen dairy or water-based products; irrespective of whether or not the truck carries other prepackaged food products.

(Ords. 24602, 24918.)

"Permittee" means the holder of an ice cream truck business permit. (Ord. 24602.)

or tolerate having any person who does not have an employee or trainee license from driving or riding in an ice cream truck.

• C. A business permittee is deemed to have an employee license for purposes of driving or riding in the permittee's ice cream trucks.

• (Ord. 24602.)

Part 2

OPERATING REGULATIONS AND PERMIT CONDITIONS

Sections:

• 6.39.210 Conditions of permit.

• 6.39.220 Place of operation.

• 6.39.230 Hours of operation.

• 6.39.240 Noise restrictions.

• 6.39.250 Congestion restriction.

• 6.39.260 Food restrictions.

• 6.39.270 Restriction on riders.

• 6.39.280 Vehicle inspection; certification.

• 6.39.290 Identification.

"Trainee" means the holder of a trainee license issued by the chief of police. (Ord. 24602.)

It shall be unlawful for a person to maintain, manage, operate, conduct, control or own an ice cream truck business that operates within the city unless the business is maintained and operated in strict compliance with a valid business permit. (Ord. 24602.)

• A. Each ice cream truck business permit issued by the chief of police shall be subject to the terms and conditions set out in this part, as well as any other conditions specifically set forth in the permit.

• B. The provisions of this part shall constitute operating regulations. It shall be unlawful for any person to violate these provisions.

• (Ord. 24602.)

• A. It shall be unlawful for a person, other than the business operator, to drive or ride on an ice cream truck that is in operation without having first obtained either an employee license or a trainee license from the chief of police.

• B. It shall be unlawful for any ice cream truck business operator, owner or employee to allow

• A. Sales from ice cream trucks shall be limited to streets that have thirty miles per hour speed limits or less.

• B. The parking restrictions in Chapter 6.54 of the Municipal Code that apply to persons who peddle from motor vehicles shall apply to business operators and employees under this chapter.

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§ 6.39.280

• C. No sales shall be made while an ice cream truck is parked within seventy-five feet of any intersection with any public street or streets as measured along the traveled way.

• D. The standard warning flashers shall be in operation immediately upon the truck stopping to vend and cease operation as the truck begins to move after vending.

• (Ord. 24602.)

No person shall stop to vend from an ice cream truck within two hundred feet of another ice cream truck that has already stopped to vend. (Ord. 24602.)

A person may sell or offer for sale only prepackaged food items from an ice cream truck and may not offer for sale any other items. (Ord. 24602.)

Sales from ice cream trucks shall be limited to the hours of 10:00 a.m. to one-half hour after sunset.

(Ord. 24602.)

• A. No one other than one driver and one additional person [shall be] allowed to ride on an ice cream truck that is in operation.

• B. The driver and the additional person may be:

1. Employees of the business operator; or

   2. The business operator; or

• 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 truck when the ice cream truck 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 truck 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 truck 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 truck in order to prevent a disturbance of the peace as that term is used in Chapter 10.16 of the code.

• (Ord. 24602.)

  3. A trainee.

• C. In no event shall more than two persons ride on the truck while the truck is in operation.

• (Ord. 24602.)

• A. All ice cream trucks operated by the business operator shall be inspected and certified by the chief of police.

• B. It shall be unlawful for a business operator to operate an ice cream truck that does not have a current, valid certification issued by the chief of police on city streets.

• C. The business operator shall present each ice cream truck for inspection and certification by the chief of police biennially.

• D. At or prior to the time of the inspection, the business operator shall present payment of the certification fee as set forth by the schedule of fees established by council resolution.

• E. The business operator shall maintain each ice cream truck the business operator operates in such condition that:

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

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2. The inside of the ice cream truck 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 truck 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 truck;

5. Advertising decals and price lists shall be placed only on the vending side of ice cream trucks and shall use a maximum area of twenty-four square feet.

• F. The business operator shall have and maintain in clean operating condition on each ice cream truck the business operator operates the following safety equipment:

  1. Signs painted or mounted on the front and back of each truck using black fourinch tall letters on a yellow background with a black one-inch border around each sign. The sign on the front and back of each vehicle shall read "CHILDREN CROSSING" and be eight inches high by forty-eight inches wide. An additional sign or signs shall be painted or mounted on the rear of each truck above the first sign and shall read "WARNING" in English, Spanish, and Vietnamese, using the same size letter and paint requirements.

  2. Standard warning flashers.

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

• G. The chief of police shall affix a suitable certificate on each certified truck, identifying the truck as having successfully passed vehicle inspection.

• (Ord. 24602.)

Each business operator shall maintain an identification number, provided by the chief of police,

painted on the sides and back of each ice cream truck. The number shall be of such color, size and placement so that the identification number can be easily read at a distance of ten feet. (Ord. 24602.)

Part 3

PERMITS AND LICENSES

Sections:

• 6.39.310 Permit and license procedures.

• 6.39.320 Permit and license fees.

• 6.39.330 Trainee license procedures.

• 6.39.340 Exemption from peddler permit.

The procedures set forth in Chapter 6.02 shall govern the application for, investigation, approval, denial, suspension, revocation, and renewal of any business permit and employee license issued pursuant to this chapter, except as specifically provided in this part.

(Ord. 24602.)

• A. Fees for the ice cream truck business permit and employee license applications and renewal applications shall be as set forth by the schedule of fees established by city council resolution.

• B. There shall be no fee for a trainee license. (Ord. 24602.)

• A. An application for a trainee license shall be filed with the chief of police on a form provided by the police department and shall contain or be accompanied by the following information about the applicant:

  1. Name, complete residence address and residence telephone number;

  2. Height, weight, color of hair and eyes, and sex;

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§ 6.42.030

3. The name and address of the business operator for whom the applicant will be a trainee;

4. The time period, not to exceed three days, during which the applicant will be a trainee;

5. Such other information as the chief of police considers necessary for the identification of the person and the protection of the public health, safety and general welfare.

• B. After the applicant submits a completed application, the chief of police shall issue a trainee license.

• C. It shall be unlawful for a permittee to have any person work as a trainee without such person having first obtained a trainee work license from the chief of police.

• D. The trainee work license shall be valid for a period of no more than three days.

• (Ord. 24602.)

Ice cream truck business operators and employees shall be exempt from the peddler permit requirements of Chapter 6.54, except to the extent that provisions of that chapter are expressly adopted as part of this chapter. (Ord. 24602.)