City Attorney
Roger Baker
Tooele City Attorney
90 North Main Street
Tooele, UT 84074
Phone: 435.843.2120
Fax: 435.843.2129
Title 5. Chapter 22. Ice Cream Trucks
5-22-1. Definitions.
(2) “Vend” or “vending” means offering ice cream, popsicles, ice sherbets or frozen desserts for sale from a motor vehicle on the city streets.
(3) “Operator” includes every person, firm or corporation who operates, or who owns, leases, contracts or in any other fashion permits a person to operate, any ice cream truck for the purpose of vending.
(Ord. 1988-22, 10-05-1988)
5-22-2. Duty of approaching vehicles.
(Ord. 1988-22, 10-05-1988)
5-22-3. License and insurance.
(2) No business license shall be issued to a vendor selling from an ice cream truck unless a certificate is furnished to the City showing that the vendor is carrying the following minimum amounts of insurance: public liability insurance in an amount of not less than $1 million for injuries, including those resulting in death, resulting from any one occurrence and on account of any one accident; property damage insurance in an amount of not less than $100,000 for damages on account of any one accident or occurrence.
(3) Certificates shall contain an agreement signed by the insurance company that prior to modification, cancellation, or termination of the subject policy, written notice shall be sent to the Department by the insurance company.
(Ord. 2019-26, 11-20-2019) (Ord. 2016-11, 07-06-16) (Ord. 2012-37, 12-05-2012) (Ord. 1988-22, 10-05-1988)
5-22-3.1. Application for license.
(1) contact information, including the applicant’s true, correct, and legal name; the applicant’s telephone number, home address, and mailing address; and, the address to which all notices are to be sent;
(2) proof of identity by a valid driver license issued by any state;
(3) proof of permitting, as applicable, by the Department of Health of the state of Utah and Tooele County;
(4) responses to the following questions regarding disqualifying conditions as follows:
(a) has the applicant been criminally convicted of felony homicide, physically abusing, sexually abusing, or exploiting a minor, sale or distribution of controlled substances, or sexual assault of any kind?
(b) are any criminal charges currently pending against the applicant for felony homicide, physically abusing, sexually abusing, or exploiting a minor, sale or distribution of controlled substances, or sexual assault of any kind?
(c) has the applicant been criminally convicted of a misdemeanor within the past five (5) years involving a crime of moral turpitude, or violent or aggravated conduct involving persons or property?
(d) is the applicant currently subject to a protective order based on physical or sexual abuse issued by a court of competent jurisdiction?
(5) execution and affirmation under oath and on penalty of perjury that based on the applicant’s present information and belief the information provided is complete, truthful, and accurate; and,
(6) a copy of the applicant’s current criminal history on file at the Utah Department of Public Safety Bureau of Criminal Identification. The criminal history is classified as a private and protected record.
(Ord. 2019-26, 11-20-2019) (Ord. 2012-37, 12-05-12)
5-22-3.2. License Fee.
(Ord. 2012-37, 12-05-2012)
5-22-3.3. Review of application and issuance of license.
(2) The Department shall issue a business license to the applicant if the information is complete and verified and the license fee has been paid, and if no disqualifying condition exists.
(3) The license shall show the name of the licensee and the business permitted to be carried on thereunder and the date of expiration of such license.
(4) Licenses issued pursuant to this Chapter shall expire on December 31 of each year.
(Ord. 2019-26, 11-20-2019) (Ord. 2012-37, 12-05-2012)
5-22-3.4. Denial of license and right of appeal.
(a) the information submitted by the applicant is incomplete, incorrect, or misrepresented;
(b) the applicant has answered affirmatively to any of the questions set forth in Section 5-22-3.1(4); or,
(c) the applicant fails to pay the requisite license and identify badge fees.
(2) (a) Any applicant whose application has been denied can file a written appeal with the Director within ten days after the denial. The appeal need not be on a particular form, but must state the specific basis of the appeal. The Director shall promptly issue a written decision.
(b) An applicant whose appeal has been denied by the Director may appeal to the Administrative Hearing Officer, pursuant to Chapter 1-28, by filing with the City Recorder a written appeal within ten days after the Director’s denial.
(Ord. 2019-26, 11-20-2019) (Ord. 2012-37, 12-05-2012)
5-22-3.5. Photographs and identity badges.
(1) furnish to the Department two recent photographs, one of which shall be affixed to the identity badge issued to the licensee and the other of which shall be retained in the records of the Department;
(2) obtain an identity badge from the Department at a cost of $10.00 in addition to the license fee, and wear the identity badge at all times while vending from an ice cream truck; and,
(3) obtain a new identity badge each year that the ice cream truck business is licensed.
(Ord. 2019-26, 11-20-2019) (Ord. 2016-11, 07-06-16) (Ord. 2012-37, 12-05-2012)
5-22-4. Required equipment.
(1) Signal lamps mounted at the same level and as high and as widely spaced laterally as practicable. These lamps shall be five to seven inches in diameter and shall display two alternately flashing amber lights visible from the front and rear of the vehicle, both lights visible at 500 feet in normal sunlight upon a straight and level street.
(2) A convex mirror mounted on the front so the driver in a normal seating position can see the area in front of the truck obscured by the hood.
(Ord. 2012-37, 12-05-2012) (Ord. 1988-22, 10-05-1988)
5-22-5. Inspection.
Ord. 1988-22, 10-05-1988)
5-22-6. Restrictions.
(2) 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.
(3) A person shall not vend to a person standing in the roadway.
(4) A person shall not stop on the left side of a one-way street to vend.
(Ord. 1988-22, 10-05-1988)
5-22-7. Backing restricted.
(Ord. 2016-11, 07-06-16) (Ord. 2012-37, 12-05-2012) (Ord. 1988-22, 10-05-1988)
5-22-8. Penalty.
(Ord. 2012-37, 12-05-2012) (Ord. 1988-22, 10-05-1988)
Click Here for a .pdf copy of Title5 Chapter22
Please Note: Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted. If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.
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