Earlier editions: 2026-09
Title 6 — BUSINESS LICENSES AND REGULATIONS›Chapter 6.39 — ICE CREAM TRUCK PERMITS
San Jose Municipal Code Part 1 General Provisions
San Jose Municipal Code · 2026-10 edition · updated 2026-10-04 · San Jose
Cite as: San Jose Municipal Code Part 1 · Text as of 2026-10-04
6.39.010 - Definitions.¶
The definitions set forth in this part shall govern the application and interpretation of this chapter.
(Ord. 24602.)
6.39.020 - Employee.¶
"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.)
6.39.030 - Ice cream truck.¶
"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
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.)
6.39.040 - Ice cream truck business.¶
"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.)
6.39.060 - Permittee.¶
"Permittee" means the holder of an ice cream truck business permit.
(Ord. 24602.)
6.39.070 - Trainee.¶
"Trainee" means the holder of a trainee license issued by the chief of police.
(Ord. 24602.)
6.39.080 - Business permit required.¶
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.)
6.39.090 - Employee and trainee license.¶
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 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.)
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