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Thread: Re: [IowaAPA] Ice Cream Truck/Mobile Vendor Regulations

  1. #1
    Jeff D Benson
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    Re: [IowaAPA] Ice Cream Truck/Mobile Vendor Regulations

    In Ames this is called vending, which includes selling from motor
    vehicles. On our web site (www.cityofames.org) under City
    Government you can find Municipal Code Chapter 22, Division III for the
    details, but as to location the Code says:


    THANKS!

    Jeff

    Jeffrey D. Benson, AICP, ASLA
    Planner, Department of Planning and Housing
    City of Ames, Iowa

    515 Clark
    P.O. Box 811
    Ames, IA 50010

    Ph: 515-239-5269
    Fax: 515-239-5404

    e-mail: jbenson (AT) city (DOT) ames.ia.us

    Caring People ~ Quality Programs ~ Exceptional Service






    "George Wesselhoft" <gwesselhoft (AT) cityofpella (DOT) com>
    Sent by: IowaAPA (AT) yahoogroups (DOT) com
    10/19/2009 07:51 AM
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    IowaAPA (AT) yahoogroups (DOT) com


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    [IowaAPA] Ice Cream Truck/Mobile Vendor Regulations










    All,

    Does anyone regulate ice cream trucks or mobile vendors either through
    zoning or peddler/merchant chapters of their Code? I know from Erik Lundy
    that Des Moines prohibits vending from moving vehicles, however, would be
    interested to know how other cities regulate too.

    We have a proposal by someone to move their ice cream truck business to
    Pella and the City Attorney position right now is that they would be
    limited to the commercial districts.

    George Wesselhoft, AICP
    Planning and Zoning Director
    City of Pella
    100 Truman Road
    Pella, Iowa 50219
    (641) 628-1601
    Fax 628-1620

  2. #2
    Cyburbian TOFB's avatar
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    Loma Linda's
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    While we are working on an amendment to define and prohibit "Creepy Operator", here is Davenport's current ordinance:

    Section:

    5.68.010 License required.

    5.68.020 Application for owner's license.

    5.68.030 Application for operator's

    license.

    5.68.040 Compliance with federal, state,

    and local law.

    5.68.050 Issuance of license.

    5.68.060 Prohibition against registered sex

    offenders.

    5.68.070 Annual sound calibration

    5.68.080 Denial, suspension or revocation.

    5.68.090 Annual license fees.

    5.68.100 Penalties.



    5.68.010 License required.
    The sale of frozen desserts to the public from a motorized vehicle without either an owner's or operator's license issued pursuant to this chapter is prohibited. (Ord. 2008-371 1 (part))



    5.68.020 Application for owner's license.
    Applications for a mobile ice cream vendor owner's license shall be made to the revenue division on the forms provided. The application shall contain the following information:

    A. The name, address, and date of birth of the applicant.

    B. The applicant's work or corporate history for the past five years. If the applicant is a corporation or limited liability company, the information shall also be given for all its officers, board members, and shareholders or members. The business shall list all its officers and all other businesses operated by the entity. If the business is a foreign business, a copy of the certificate to do business in the state of Iowa shall be provided.

    C. A list of all felony and misdemeanor conviction by the applicant or any of those individuals listed in subsection B above.

    D. A statement as to whether the applicant or any of those individuals listed in subsection B above is a registered sex offender in this state or any other state or county.

    E. A photocopy of the driver's license of the applicant or any of those individuals listed in subsection B above.

    The application shall be verified under oath. (Ord. 2008-371 1 (part))



    5.68.030 Application for operator's license.
    Applications for a mobile ice cream vendor operator's license shall be made to the revenue division on the forms provided. The application shall contain the following information:

    A. The name, address, and date of birth of the applicant.

    B. The applicant's work history for the past five years.

    C. A list of all felony and misdemeanor convictions by the applicant.

    D. A statement as to whether the applicant is a registered sex offender in this state or any other state or country.

    E. A photocopy of the driver's license of the applicant. The application shall be verified under oath.

    (Ord. 2008-371 1 (part))



    5.68.040 Compliance with federal, state and local law.
    In the course of doing business or operating the vehicle from which frozen desserts are being sold, owners and operators must comply with all applicable federal, state, and local laws including, but not limited to, motor vehicle codes and health department regulations. Violation of applicable law is grounds for suspension or revocation for both the operator's as well as the owner's license. (Ord. 2008-371 1 (part))



    5.68.050 Issuance of license.
    Upon receipt of a completed application and payment of the application and license fee, the revenue division shall issue the license to the applicant. (Ord. 2008-371 1 (part))



    5.68.060 Prohibition against registered sex offenders.
    Regardless of the provisions of Section 5.68.050, no license shall be issued where the applicant or any of those individuals listed in Section 5.68.020B. above is a registered sex offender of this or any other state or country as the result of a crime committed against a person under eighteen years of age. Further, no person who is a registered sex offender of this or any other state or country as the result of a crime committed against a person under eighteen years of age shall operate upon the streets, alleys, and roadways a vehicle used, or that appears to be used, for the retail sale frozen desserts whether engaged in the sale at the time or not. (Ord. 2008-371 1 (part))



    5.68.070 Annual sound calibration.
    Every calendar prior to April 1st, the mobile ice cream vendor shall have the sound broadcast system on its vehicle(s) calibrated by the police department to ascertain at what level the system may broadcast at in order to not exceed 55 dBA Leq (1), as those terms are defined in Chapter 8.19, at a distance of thirty feet from the vehicle. Operating the sound system above this level is prohibited. (Ord. 2008-371 1 (part))



    5.68.080 Denial, suspension or revocation.
    A. Any violation of this chapter by the holder of a license issued hereunder shall be grounds for suspension or revocation of the license by the deputy city clerk. Suspension or revocation shall be in accordance with Chapter 5.02 of this code.

    B. Any denial of license application shall be appealed within ten days to the deputy city clerk. (Ord. 2008-371 1 (part))



    5.68.090 Annual license fees.
    The annual fee for an owner's license shall be three hundred dollars. The annual fee for an operator's license shall be fifty dollars. (Ord. 2008-371 1 (part))



    5.68.100 Penalties.
    Any person or entity that violates any of the provisions of this chapter may be prosecuted, civilly or criminally, for said violation and may be punished up to the maximum allowed under state law for simple misdemeanor or municipal infraction violations. Imposition of a fine does not preclude the city from seeking alternative relief from the court in the same action. (Ord. 2008-371 1 (part))

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