§ 14-38. Vending vehicles.

(a)

Definitions. For the purposes of this section:

Ice cream vending vehicle shall be considered any vending vehicle which sells, or offers for sale, at least seventy-five (75) percent of its inventory consisting solely of ice cream products or related frozen dessert products, as more particularly defined in Florida Statutes Chapter 503, as may be amended from time to time, and offers for sale no more than twenty-five (25) percent of other prepackaged products or goods which are non-ice cream or non-related frozen dessert products.

Work site catering vehicles shall refer to any vending vehicle which provides consumable food products to workers or those persons present on construction, industrial or commercial sites.

Vending vehicles shall be considered any and all automobiles and trucks on wheels duly licensed in the State of Florida which vehicles stop on the street and serve to customers certain goods from said vehicle. Such a vehicle would include, but not be limited to, any truck or automobile that sells from said vehicle ice cream products, or other consumable food products.

Vendor shall mean any person or entity who offers for sale consumable food products by means of a vending vehicle. The term includes the owner or operator of such vending vehicles.

(b)

Required equipment.

(1)

All vending vehicles, while retailing goods within the city must have in operating use four (4) amber color flashing lights on all four (4) corners, two (2) facing forward and two (2) facing rear, of said vehicle at least five (5) feet above the ground. Said lights must be visible from a distance of two hundred (200) feet, and be put into operation at all times when said vehicle is stopped to service customers.

(2)

All vending vehicles must be in substantially good condition with no damage or rust covering in excess of ten (10) percent of the vehicle. Should a vending vehicle exceed the allowable rust or damage level, the vendor must repair the vehicle or replace the vehicle with an acceptable replacement.

(3)

Every individual vending vehicle must be inspected by the city annually to ensure compliance with this section, at which time a registration sticker will be issued by the city that specific vehicle if the vehicle passes inspection. Each vending vehicle must have the assigned registration sticker affixed to and displayed on the vehicle at all times on the left rear panel of the vending vehicle above the left rear axel. The registration sticker shall consist of an assigned registration number which shall be four (4) inches in height. This registration sticker will also include the VIN number of the specific vehicle that passed inspection (which shall be at least one (1) inch in height) and the registration sticker may not be transferred to any other vehicle. Each vendor must submit proof that the business/vehicle has complied with any and all State of Florida, Department of Health, and Food and Drug Administration licensure and requirements before the city will issue a registration sticker each year.

(4)

All vending vehicles must have the name of the business clearly displayed on the vehicle. A menu must also be provided to be viewable by potential customers, which lists all items for sale by the vendor along with the price of said item.

(5)

All vendors must perform a criminal background check on all employees that will be working within the city. The vendor is prohibited from employing anyone to work within the City of Lauderhill who has been convicted of any felony, a misdemeanor that involves harm or illegal activity to or with a child, or a misdemeanor involving an illegal substance/narcotic. No local business tax receipt will be granted to any applicant that has been convicted of any felony, a misdemeanor that involves harm or illegal activity to or with a child, or a misdemeanor involving an illegal substance/narcotic, or who has been found to employ a person having been convicted of any felony, a misdemeanor that involves harm or illegal activity to or with a child, or a misdemeanor involving an illegal substance/narcotic.

(c)

Operation.

(1)

Vending vehicles will be permitted to play music from the vehicle to draw the attention of customers, however, for the comfort of residents not desiring the services of the vending vehicle this music may not be plainly audible in excess of one hundred (100) feet from the source. This music must be turned off anytime the vending vehicle is stopped serving customers.

(2)

No vending vehicles may operate within any city park or governmental complex, unless it is during such time that it is deemed to be a construction site.

(3)

Vending vehicles which offer for sale less than seventy-five (75) percent of their inventory consisting of ice cream or related frozen dessert products may not operate within any residential area within the city. Only ice cream vending vehicles are permitted to operate within residential areas between the hours of 10:00 a.m. and 7:00 p.m. any day of the week.

(4)

Notwithstanding the foregoing, work site catering vehicles are permitted in commercial and industrial districts at any time, and are permitted on construction sites within any district located within the city during those hours when workers are present at the site.

(d)

Stopping. Every vending vehicle shall stop as far to the right of the street as possible before serving customers, but shall not stop or park on the swale. During the first hour after the end of the school day for the school in question, the vendor may not operate in the city within one thousand (1,000) feet of any public or private elementary, middle or high school, regardless of the fact that the school is or is not within the city limits. This section does not apply during days when there is no school for the entire twenty-four-hour period or during summer school.

(e)

Penalty. Any vendor found in violation of any of the provision of this section shall be punished in the following manner:

(1)

For the first violation, the vendor shall be issued a warning/notice of violation and will be given an appropriate amount of time to comply by fixing the violation, if applicable. If this notice is given by a police officer, an offense incident report completed by the officer detailing the violation and issuance of a verbal warning will be an acceptable method of issuing a notice of violation. Copies of the notice of violation/offense incident report must be forwarded to occupational licensing for tracking. No fine will be imposed for a first time violation.

(2)

For the second violation, the vendor shall be issued a uniform code citation or a notice to appear with a one hundred dollar ($100.00) fine being assessed for said violation.

(3)

For the third violation, the vendor shall be issued a uniform code citation or a notice to appear with a two hundred fifty dollar ($250.00) fine being assessed and a mandatory automatic one (1) month suspension of all activity and business by that vendor (including any of its employees or agents) in the city.

(4)

For the fourth violation, the franchisee shall be issued a uniform code citation or a notice to appear with a five hundred dollar ($500.00) fine being assessed and a mandatory automatic complete revocation of the occupational license for all business and activity in the city. If the occupational license is revoked due to a violation, the vendor forfeits any fees paid to the city and will not be entitled to any refund for any portion. The vendor shall not be permitted to reapply for another occupational license until the following September 1.

(f)

Appeal. The vendor may appeal the automatic suspension or revocation of the occupational license to the city manager or his/her designee within thirty (30) days of the issuance of the uniform code citation or notice to appear that effectuated the automatic suspension or revocation.

(Ord. No. 76-485, §§ 1—4, 4-27-76; Ord. No. 81-191, § 1, 1-11-82; Ord. No. 05O-02-115, § 1, 3-14-05; Ord. No. 07O-02-108, § 1, 6-25-07)