The following definitions shall apply in the interpretation and enforcement of this article:

(a)   “Mobile Ice Cream and/or Frozen Desserts Processing Operations” is one conducted from a truck, trailer or other vehicle that travels from place to place by motor car and from which ice cream and/or frozen desserts are processed, prepared and sold.

(b)   “Service Depot” is a permanent building or room which is constructed and equipped for cleaning, sanitizing and replenishing the mobile ice cream and/or frozen desert unit.

(c)   “Employee” shall be defined as set forth in section 11-301(b) of this code.

(d)   “Person” shall mean person, firm, corporation or association.

(Code 1977, 11-501)

The city clerk shall issue permits for service depots and mobile ice cream and/or frozen desserts as follows:

(a)   It shall be unlawful for any person to operate a service depot in the city who does not possess an unrevoked permit from the city. Such permit shall be issued by the city clerk upon proper application and after inspection by the health officer, and finding by that official that the applicant is entitled to a permit under the provisions of this article. Such permit shall be issued on an annual basis and expire on December 31st of each year. A fee of $7 shall be charged for each application and shall be payable at time application is made. The fee is for the purpose of paying for inspections and other costs of carrying out the provisions of this article. All applications are due on January 1st of each year for existing service depots and on the 1st day of the month following the opening of a new service depot. If such application is not made within 60 days after the time prescribed, a penalty of $1 shall be added to the application fee.

(b)   It shall be unlawful for any person to operate a mobile ice cream and/or frozen desert processing operation in the city who does not possess an unrevoked permit from the city. Such permit shall be issued by the city clerk upon proper application and after inspection by the health officer and a finding by that official that the applicant is entitled to a permit under the provisions of this article. Such permit shall be issued on an annual basis and shall expire on December 31st of each year. Each vehicle operated shall require a separate application. A fee of $7 shall be charged for each application and shall be payable at time application is made. The fee is for the purpose of paying for inspection and other costs of carrying out the provisions of this article. All applications are due on January 1st of each year for existing units and on the 1st day of the month following the commencement of the operation of a new unit. If such application is not made within 60 days after the time prescribed, a penalty of $1 shall be added to the application fee.

(Ord. 3794, Sec. 16)

Application for a permit required by this article shall be made in writing to the city clerk upon forms to be furnished by the city. It shall state the name of the applicant and the location of the service depot or mobile ice cream and/or frozen dessert unit for which the permit is sought. The city clerk shall refer all applications to the health officer for making the inspection required by this article. Such inspection shall be made as soon as possible and within not more than one week after receipt of the application; provided, that in case the health officer has made a recent inspection of the premises or the units, he or she may approve an application and need not make the inspection otherwise required by this section. The health officer shall return all applications to the city clerk, together with his or her endorsement thereon recommending or advising against the issuance of the permit.

(Code 1975, 11-503)

Only persons who comply with the provisions of this article shall be entitled to receive and retain a permit. Such permit may be temporarily suspended by the health officer on violation by the holder thereof of any of the terms of this article, or revoked after an opportunity for a hearing by the board of commissioners upon serious or repeated violation. Such permit shall be posted in a conspicuous place.

(Code 1975, 11-504)

Samples of food, drink and other substances may be taken and examined by the health officer as often as may be necessary for the detection of unwholesomeness or adulteration. The health officer may condemn and forbid the sale or, or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated in conformity with laws, rules and regulations of the State Board of Health.

(Code 1975, 11-505)

Inspection of the service depot and mobile units shall be made by the health officer in the same manner as provided in section 11-306 of this code.

(Code 1975, 11-506)

All mobile ice cream and/or frozen dessert processing operation units shall meet the following requirements:

(a)   No containers, wrappers and packaging material shall be kept in the driver’s compartment of any mobile unit unless enclosed and unopened in its original container. The driver’s compartment shall be separated by a complete partition from the area used for service or storage. Self-closing doors between the driver’s compartment and the serving area are permitted.

(b)   Hot and cold running water shall be available at all times while the unit is in operation. A water tank with a storage capacity of at least 20 gallons shall be provided. Hot water at a temperature of at least 100 degrees Fahrenheit shall be available at a two compartment sink and hand washing lavatory. The water supply shall be from an approved source.

(c)   Each unit shall be equipped with a two compartment sink of sufficient size to accommodate the largest piece of equipment to be cleaned therein. A waste water tank shall be provided equal to or exceeding the size of the portable water tank. It shall be emptied and cleaned as often as necessary to maintain it in a sanitary condition and no waste water shall be allowed to drain upon the street.

(d)   A refrigerator of sufficient size and capable of maintaining a temperature of 50 degrees Fahrenheit or less, for storing mix, shall be provided.

(e)   Mobile units shall be kept clean at all times and the product protected against contamination.

(f)   The equipment used in the mobile units shall be cleaned and sanitized after each day’s operation, in the service depot.

(Code 1975, 11-507)

A service depot shall be operated and maintained in accordance with the following requirements:

(a)   Floor, walls, ceiling, lighting and ventilation shall be in accordance with requirements with sections 11-308:312 of this chapter.

(b)   An adequate supply of hot and cold running water for cleaning and sanitizing mobile units shall be available at all times at the service depot. Water supply shall be from an approved source. The hose used for filling the portable water tank of such mobile unit shall be used for no other purpose. The hose shall be stored in such a manner as to be protected from contamination.

(c)   Toilet and lavatory facilities shall be provided at the service depot and operated in accordance with requirements as established by section 11-313:315 of this code.

(R.O. 1964, 11-608)

It shall be unlawful for the operator of a mobile ice cream and/or frozen desserts vehicle, to stop, stand or park the vehicle in any street adjacent to a city park for the purpose of dispensing its products to its customers. It shall be unlawful for the operator of a mobile ice cream and/or frozen desserts vehicle, to stop, stand or park the vehicle in any street for the purpose of dispensing its product to customers, except next to the curbing, or so as to obstruct the free flow of traffic in the street; provided, that the operator may stop, stand or park the vehicle so as not to obstruct the free flow of traffic next to the curb for not more than 15 minutes in anyone block of any street where parking is not otherwise prohibited and serve customers from the parking.

(R.O. 1964, 11-609)

Any person who violates any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding $100. Each and every violation of the provisions of this article shall constitute a separate offense.

(R.O. 1964, 11-610)