Sec. 250.1103. - Ice cream truck operator permits.

Beginning April 1, 2013, no ice cream truck operator shall undertake activities unless and until such ice cream truck operator has obtained an operator permit pursuant to this Section. Each person working on an ice cream truck, either driving or selling products, must possess an operator permit. (a) Application. The applicant shall submit a complete application and evidence of the payment of the filing fee to the Office of the Director, Neighborhoods Department, 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 City 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 Office of the Director, Neighborhoods Department, or his or her designee, not later than ten 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 and evidence of the payment of the filing fee is received. (b) Criminal History Records Check. Pursuant to F.S. § 166.0442, the City may require state and national criminal history screening for persons subject to licensing or regulation by the City. As part of the operator permit application or permit renewal, the applicant shall be fingerprinted and complete a state and national criminal history screening as set forth in Section 116.908 , Ordinance Code, with the City of Jacksonville Employee Services Department. Upon completion, the applicant shall request a copy of the state and national criminal history screening results from the Employee Services Department and submit a copy of the screening results along with the permit application or renewal. The results of the state and national criminal history record check shall be utilized by the Office of the Director, Neighborhoods Department, or his or her designee, to either approve or deny the ice cream truck operator permit application or permit renewal, as set forth in this Section. (c) Fee. Any fee for applying for a permit pursuant to this subsection shall correspond to the administrative costs of review and issuance as found in www.coj.net/fees . (d) Processing. Within 30 days following receipt of the complete application, the Office of the Director, Neighborhoods Department, or his or her designee, shall either deny or approve the operator permit application in writing. If an application is denied, the Office of the Director, Neighborhoods Department, or his or her designee, shall state the reasons for denial. If denial is conditional, the applicant shall be given an opportunity to provide further information or take other action which will result in the approval of the application by the Office of the Director, Neighborhoods Department, or his or her designee. If denial is final, no further action shall be taken or permitted under the application. (e) Standards for approval. An operator permit shall be approved only upon verification that: (1) The applicant possesses a valid driver's license and is not a habitual traffic offender under the definition of F.S. § 322.264; and (2) The applicant: i. 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; ii. Has not been convicted of those crimes enumerated under Section 220.201 (d), Ordinance Code; iii. Has no convictions within the preceding three 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 iv. Has no more than three 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 review of the applicant's permanent driving record and criminal background check for Florida and all other jurisdictions where the applicant holds or has held a driver's license shall be completed to verify this. The Office of the Director, Neighborhoods Department, or his or her designee, may upon request of the applicant, waive the disability of conviction of any crimes listed in this subsection if he or she is reasonably satisfied that the applicant has been rehabilitated and is not likely to be convicted of any of the crimes listed in this subsection. If the Office of the Director, Neighborhoods Department, or his or her designee, declines to waive a conviction, the applicant may appeal this decision to the Chief Administrative Officer. (f) Disapproval of application. If the Office of the Director, Neighborhoods Department, or his or her designee, disproves the application, he or she shall inform the applicant in writing, giving the reasons for the disapproval. The applicant may request a rehearing to the Chief Administrative Officer, by a written request filed within seven days after the applicant is notified of the disapproval. The Chief Administrative Officer shall review the application, other information considered by the Office of the Director, Neighborhoods Department, or his or her designee, and the reasons given by the Office of the Director, Neighborhoods Department, or his or her designee, for the disapproval; and the applicant shall have the right to be present at the hearing, be represented by counsel, to examine the information and material in the possession of the Office of the Director, Neighborhoods Department, or his or her designee, and to present evidence on his behalf. The decision by the Chief Administrative Officer shall be final. (g) Expiration and Renewals. An operator permit issued pursuant to this subsection shall expire two years from the date of issuance. At the time of renewal, the Office of the Director, Neighborhoods Department, or his or her designee, shall conduct a state and national criminal history screening, as set forth in subsection 250.1103 (b), and may approve or disapprove the renewal application pursuant to Section 250.1103 (f) hereof. (h) Permit automatically voided. An operator permit issued in error shall automatically be rendered void if the city 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 the part at any time prior to the permit's expiration. (i) Reporting requirement; interim review. An operator permit holder shall be responsible for notifying the Office of the Director, Neighborhoods Department, or his or her designee, 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 Office of the Director, Neighborhoods Department, or his or her designee, may review a permit holder's criminal and/or driving records to ensure the standards for approval continue to be met. Should the Office of the Director, Neighborhoods Department, or his or her designee, 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 Office of the Director, Neighborhoods Department, or his or her designee, shall immediately notify the permit holder at his or her address of record that the permit is void pursuant to this section, and that vending activities in the City of Jacksonville must have ceased as of the date on which the permit was automatically voided. (j) 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 issued as a badge containing the photo identification of the ice cream truck operator. The operator's original permit shall be affixed on the person of an ice cream operator by clip or lanyard at all times that they are operating or working on an ice cream truck so as to be clearly visible to the public, and upon demand, shall produce the permit to a sheriff or other law enforcement officer, city code compliance officer, or the Office of the Director, Neighborhoods Department, or his or her designee, when requested to do so. Every operator, upon being requested to do so, shall provide his or her permit number and name. (4) A copy of each issued operator permit shall be retained by the Office of the Director, Neighborhoods Department, or his or her designee, and a copy forwarded to the sheriff's office. (5) The requirements of this subsection are in addition to any and all legal requirements imposed by the federal, state, and/or local government for motor vehicles, and particularly for ice cream trucks. (Ord. 2013-9-E, § 1; Ord. 2013-209-E, § 40; Ord. 2016-140-E , § 16; Ord. 2017-665-E , § 16; Ord. 2023-437-E , § 1)