§ 2-19-23. Ice cream truck operator permits.

Beginning April 1, 2008, no ice cream truck operator shall undertake any vending activities unless and until such ice cream truck operator has obtained an operator permit pursuant to this section.

(a)

Application. The applicant shall submit a complete application to the County Administrator or his or her designee. The application shall contain the following information:

(1)

The legal name of the individual applying for the permit along with any aliases;

(2)

The applicant's Social Security number;

(3)

The applicant's date of birth;

(4)

The applicant's current driver's license numbers and the state of issuance for each;

(5)

The applicant's street and mailing addresses;

(6)

A list of all jurisdictions in which the applicant has held or currently holds a driver's license;

(7)

A list of the applicant's convictions, if any, for felony offenses or misdemeanor driving offenses, including the date of adjudication and the jurisdiction where the conviction occurred; and

(8)

The signature or other appropriate mark of the applicant. The signature or mark provided shall certify that all information provided is true and accurate and that the applicant agrees to defend, indemnify, and hold harmless the county and its respective officers, agents, and employees from any suits, actions, and claims arising out of or in any way connected with the activities permitted under an operator permit.

No incomplete applications shall be processed. If an application is deemed incomplete for any reason, the county administrator or his or her designee, not later than ten (10) days following receipt of the application, shall inform the applicant in writing of the reason(s) for such determination. The time period for approval or denial of an application shall not commence until a complete application form is received.

(b)

Fee. Any fee for applying for a permit pursuant to this subsection shall correspond to the administrative costs of review and issuance and shall be established by resolution of the board of county commissioners. If no such resolution is enacted, there shall be no fee to obtain a permit.

(c)

Processing. Within thirty (30) days following receipt of the complete application, the county administrator or his or her designee shall either deny or approve the operator permit application in writing. If an application is denied, the county administrator or his or her designee shall state the reasons for denial. If no final decision is made to approve or deny a permit within such thirty (30) days, the application shall be deemed to be approved on a temporary basis until a final determination is made.

(d)

Standards for approval. An operator permit shall be approved only upon verification that:

(1)

The applicant:

a.

Is not required by any governmental jurisdiction to register as a sexual offender, sexual predator, or such other similar classification as may exist in the state or territory of conviction;

b.

Has no convictions within the preceding three (3) years in any governmental jurisdiction for reckless driving, driving under the influence, or such similar offenses as may exist in the jurisdiction of conviction; and

c.

Has no more than three (3) total convictions during his or her lifetime in any governmental jurisdiction for reckless driving, driving under the influence, or such similar offenses as may exist in the jurisdiction of conviction. A criminal background check shall be completed to verify this.

(2)

The applicant possesses a valid driver's license and is not a habitual traffic offender under the definition of Section 322.264, Florida Statutes. A review of the applicant's permanent driving record for Florida and all other jurisdictions where the applicant holds or has held a driver's license shall be completed to verify this.

(e)

Expiration and renewals. An operator permit issued pursuant to this subsection shall expire three (3) years from the date of issuance. Renewals shall be handled in the same manner as new applications.

(f)

Permit automatically voided. An operator permit issued in error shall automatically be rendered void if the county finds that the application for that permit contained any false or misleading information or failed to disclose any material information requested by the application. An operator permit shall be automatically void should the permit holder fail to maintain the standards for approval pursuant to section 2-19-23(d) at any time prior to the permit's expiration.

(g)

Reporting requirement; interim review. An operator permit holder shall be responsible for notifying the county of any changes to the information required to be provided on an application while the permit application is under review and/or before the expiration of an issued permit. Upon such notification, or at any other time prior to expiration of a permit, the county may review a permit holder's criminal and/or driving records to ensure the standards for approval continue to be met. Should the county find upon review that a permit holder's status has changed such that he or she is no longer eligible to obtain or hold a permit, the county shall immediately notify the permit holder at his or her address of record that the permit is void pursuant to this section 2-19-23(g), and that vending activities in the county must have ceased as of the date on which the permit was automatically voided.

(h)

Safety test. The board may by resolution adopt a standard safety test as a requirement of issuance of an operator permit. If so adopted, the test must be completed before an applied-for permit is issued or a previously issued permit is renewed. Such test requirement may include the viewing of a street vending safety film.

(i)

General terms applicable to all operator permits.

(1)

Issuance of an operator permit shall not relieve any person of the annual inspection requirement for any ice cream truck he or she may operate.

(2)

An operator permit shall be nontransferable.

(3)

An operator's original permit shall be kept in the ice cream truck while that operator is engaged in any vending activities and shall be produced upon demand of any law enforcement officer or code enforcement officer.

(4)

A copy of each issued operator permit shall be retained by the county administrator or his or her designee, and a copy forwarded to the sheriff's office.

(Ord. No. 07-74, § 2, 9-25-07)