[Adopted 6-14-2010 by Ord. No. 10-13]
As used in this article, the following terms shall have the
following meanings:
Every motor vehicle in which ice cream, popsicles, ice sherbets
or frozen desserts of any kind are carried for purposes of retail
sale on the city streets.
Shall include every driver of an ice cream truck as defined
herein.
Shall include every person, firm or corporation who owns,
leases, contracts or in any other fashion permits a person to operate
upon the city streets any ice cream truck for the purpose of vending
as defined in the definitions of "ice cream truck" and "vend" or "vending."
Offering ice cream, popsicles, ice sherbets or frozen desserts
for sale from a motor vehicle on the city streets.
No vendor shall vend from an ice cream truck without having
first secured a food permit from the Director of Health, or his/her
designee, to serve ice cream, popsicles, ice sherbets or frozen desserts
of any kind, and a valid license from the Chief of Police, or his/her
designee, to operate within the city limits and also for each truck
to be used in the operation of any such business.
Any vendor desiring a license shall make application therefor
in writing to the Police Chief, or his designee. The application shall
be in a form prepared by the Police Department and shall include:
A.
The full name, address, date of birth, Social Security number and
telephone number of the vendor, including all partners of a partnership
and all officers of a corporation. If the vendor is a corporation,
the address of the business office of the corporation and the address
of the corporate headquarters.
B.
The location and ownership of each place of business to be used for
the storage and dispensing of ice cream and frozen desserts.
C.
List of ice cream trucks to be used in the operation, including identification
numbers and ownership.
D.
The full name, address, date of birth, Social Security number, and
telephone number, and copy of Connecticut operator's license
for each person who is an authorized driver of such vehicles within
the city limits.
E.
All vendors, including all partners of a partnership and all officers
of a corporation, and all employees of such vendors, shall be at least
18 years of age and shall not have been convicted of any criminal
offense. The Chief of Police may require such other credentials and
proof of identity of the vendor or vendor's employees as reasonably
necessary to determine that the vendor and vendor's employees
are of good moral character and propose to engage in a lawful commercial
enterprise.
No license shall be issued to a vendor selling from an ice cream
truck unless a certificate is furnished to the Police Department showing
that the vendor is carrying general liability insurance which shall
include products, completed operations and personal injury coverage
with a minimum of $1,000,000 per occurrence, with an aggregate of
$1,500,000, and automobile liability with a minimum of $1,000,000
combined single limit. The applicant for a license shall annex a copy
of the insurance certificate to its application. Certificates must
specifically contain a clause signed by the insurance company certifying
that the Police Chief shall be notified, in writing, of any modification,
cancellation or termination of the subject policy.
A.
The annual license fee shall be $200, payable in full upon the filing
of the application.
B.
All licenses issued pursuant to this article shall expire at 12:00
midnight on December 31 following issuance of said license. The license
fee shall be paid in full upon the filing of the application regardless
of the time of the year in which the license is issued. A vendor must
apply for a new license each year and comply with all requirements
for issuance of same and pay the required fees.
A.
Department of Motor Vehicles. Each application shall be accompanied
by proof of inspection by the Department of Motor Vehicles, verifying
that each vehicle listed in the application is mechanically and operationally
safe. Inspection of vehicles by the Department of Motor Vehicles will
be required on an annual basis.
B.
Health inspection. Each application shall be accompanied by a food
permit from the Health Director, or his/her designee, verifying that
he/she has inspected each facility and vehicle listed in the application
to determine whether it complies with this article and all state and
local health codes. The vendor shall pay all inspection and license
fees in connection with obtaining a food permit directly to the Department
of Health.
C.
Any new vehicles put in service by a vendor after the issuance of
a license must be inspected by the Department of Motor Vehicles and
Health Department and approved in accordance with this article.
D.
If a license is rejected because of unsatisfactory sanitary, mechanical
or operational conditions found upon inspection, the applicant shall
be so advised in writing by the Police Chief, or his/her designee,
and the applicant may correct the conditions and then reapply for
a license upon submitting proof that the unsatisfactory conditions
have been corrected.
E.
Nothing herein shall prohibit the Health Director or Chief of Police,
or his/her designee, from periodically reinspecting the licensee's
storage and dispensing facility or vehicles. If unsatisfactory sanitary,
mechanical or operational conditions are noted by the Health Director
or Chief of Police, or his/her designee, the vendor shall be notified
by certified mail of the unsatisfactory conditions and the vendor's
license shall be temporarily revoked, and the vendor shall be subject
to a fine of $100 per day per violation until the unsatisfactory conditions
are corrected.
A.
A person shall vend only when the ice cream truck is lawfully stopped.
B.
A person shall vend only from the side of the truck away from moving
traffic and as near as possible to the curb or side of the street.
C.
A person shall not stop on the left side of a one-way street to vend.
D.
Prior to vending any products as defined herein, the vendor of any
ice cream truck which traverses the streets of the city for such purpose
shall submit to the Police Chief, or his designee, a detailed listing
of the routes to be traveled each day by each said vehicle.
E.
Ice cream
trucks are required to stay off the grass and on the concrete or asphalt
at all times while vending at a Town park or other public area.
[Added 5-9-2011 by Ord. No. 11-10]
F.
In addition
to any permits and licenses that may be required hereunder, prior
to vending at Town property a vendor must comply with all other conditions
established by the Chief of Police or the Town of Stratford.
[Added 5-9-2011 by Ord. No. 11-10]
A.
Any vendor violating any of the provisions of this article shall
be notified by certified mail of the violation and shall be subject
to a fine of $100 per day per occurrence. In addition, the vendor's
license may be revoked for the balance of that license year by the
Chief of Police for violations by the holder thereof of any of the
ordinances of the Town of Stratford or any state or federal law.
B.
Violators of this article shall have the right to file a written
appeal to the Office of Citation Hearings within 15 days from the
date of the imposition of the fines. Payment of fines and revocation
of the vendor's license shall be stayed until the appeal has
been heard and ruled on by a Citation Hearing Officer.
