ARTICLE D.  MOBILE FOOD VENDORSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=35496
2-5D-1: STATEMENT OF PURPOSE AND INTENT; REGULATION:
2-5D-2: DEFINITIONS:
2-5D-3: UNLAWFUL TO OPERATE WITHOUT A LICENSE:
2-5D-4: APPLICATION FOR LICENSE OR PERMIT:
2-5D-5: MOBILE FOOD VENDOR VEHICLE REQUIREMENTS AND VEHICLE IDENTIFICATION STICKER WITH IDENTIFICATION NUMBER:
2-5D-6: VEHICLE MAINTENANCE:
2-5D-7: FURTHER REGULATIONS:
2-5D-8: EXHIBITION OF LICENSE:
2-5D-9: SIGNS DENYING APPROACH:
2-5D-10: TRANSFER PROHIBITED:
2-5D-11: LICENSE SUSPENSION, REVOCATION, LIMITATION:
2-5D-12: LICENSEE RESPONSIBLE FOR THE ACTS OF EMPLOYEES:
2-5D-13: LICENSEE'S AGREEMENT TO CONFORM TO LAW:
2-5D-14: RIGHT OF APPEAL:
2-5D-15: JUDICIAL REVIEW:
2-5D-16: PENALTY FOR VIOLATION:

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-1: STATEMENT OF PURPOSE AND INTENT; REGULATION:linklink

It is found and declared that the public health, safety, morals, good order and general welfare of the residents of the city require the regulation and control of all mobile food vendors. All mobile food vendors shall be licensed and regulated to protect the public health, safety, morals, good order and general welfare of the inhabitants of the city and to safeguard the public. It is further found and declared that the right to obtain such a license is a privilege and that the license may be suspended, limited or revoked for violation of the conditions of this article. In conformity with the policy of this article, the following persons are declared not to be qualified to hold a license under the provisions of this article:


A. A person who violates, or has violated, the provisions of this title despite notice by the city;


B. A person who has been convicted of a crime involving theft, fraud, dishonesty, receiving or possessing stolen property, any controlled substance violation or any sex offense;


C. A person whose license, issued under the provisions of this title, or those ordinances or statutes of any other agency lawfully engaged in the licensing or regulation of businesses as defined in this chapter, has been denied, suspended or revoked for cause;

D. A person who, at the time of renewal of any license issued under this title, would not be eligible for such license upon a first application;


E. A partnership, limited partnership association, limited liability company, or other business entity unless all of the members of such partnership, limited partnership association, limited liability company, or business entity are qualified to obtain a license;


F. A corporation, unless it is incorporated in the state of Nevada, or unless it is a foreign corporation which is qualified under Nevada law to transact business in Nevada; or


G. A corporation, if an officer or director thereof would not be eligible to receive a license for any reason which would disqualify an individual applicant. (Ord. 405, 7-22-2008, eff. 8-15-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314590

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-2: DEFINITIONS:linklink

As used in this article, unless the context otherwise requires, or the words are otherwise defined herein, the words and terms used in this article have the following meanings:

DEPARTMENT: The department of finance business license division.

DIRECTOR: The city manager or his designee in the business license division of the department of finance.

MOBILE FOOD VENDOR: Means, but is not limited to, any person or employee or agent thereof carrying on or conducting the business of selling ice cream, fruit, candy, vegetables, meats or any other edible foods, raw, prepared, loose or packaged, from a motor vehicle, or other type of food service conveyance, approved or required to be approved, by the statutes or ordinances of the Clark County health district governing such vehicles, conveyances and sales practices. (Ord. 405, 7-22-2008, eff. 8-15-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314591

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-3: UNLAWFUL TO OPERATE WITHOUT A LICENSE:linklink

It is unlawful for any mobile food vendor to engage in the business of mobile food vending within the city without first obtaining a license in compliance with the provisions of this article and this title. (Ord. 405, 7-22-2008, eff. 8-15-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314592

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-4: APPLICATION FOR LICENSE OR PERMIT:linklink


A. Information Required: Applicants for a permit and license under this article must file with the city manager a sworn application in writing in duplicate on a form to be furnished to the city manager, which shall give the following information:

1. Name Of Applicant: Name and description of the applicant.

2. Address: Permanent home and full local address of the applicant.

3. Description Of Business: A brief description of the nature of the business and the food to be sold.

4. Name And Address Of Employer: If employed, the name and address of the employer, together with credentials establishing the exact relationship.

5. Statement Regarding Former Convictions: A statement regarding whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal law, the nature of the offense and the punishment or penalty assessed.

6. Additional Information: The city manager may require such additional questions to be answered by each applicant as he deems proper and necessary.


B. Investigation Of Applicant; Fee:

1. Fingerprint Based Background Checks: All applicants applying for a permit or license pursuant to this article and all employees of applicants who engage in the activity of a mobile food vendor, shall provide the city of Mesquite with a full set of fingerprints. Fingerprinting shall be completed at the Mesquite police department. Fingerprint data will be used to conduct state and national criminal records checks. Upon receipt of the fingerprint data, the city police agency is authorized to transmit the fingerprint data to the Nevada department of public safety to conduct state criminal records checks. The Nevada department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation to conduct national criminal records checks. The results of the state and national criminal checks will be disseminated to the city of Mesquite. The city of Mesquite shall also investigate the character, reputation and financial condition of all applicants. Upon completion of the investigation, the city of Mesquite shall render a fitness determination regarding persons being investigated. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and public law 92-544.

2. Payment Of Fee: Any person filing an application for a mobile food vendor license or an employee in the city, shall deposit with the city manager a nonrefundable investigation and fingerprinting fee of one hundred forty five dollars ($145.00) per applicant.

3. Forfeiture Or Return Of Fee: All investigation and fingerprinting fees shall be paid in full prior to investigation. In the event the applicant is denied a license after investigation, charges deposited or paid shall be forfeited. If the applicant withdraws his application prior to beginning any investigation, the investigation and fingerprinting fees shall be returned to the applicant.

4. Group Or Corporation: In the event the applicant shall be a group or corporation, there shall be required an investigation of each employee who engages in the activity of a mobile food vendor and also each person who directly, in this city, supervises or controls the activities of the employees; and a fingerprinting fee of forty five dollars ($45.00) shall be collected upon each such person.

5. Fees Paid Prior To Investigation: No investigation shall be made on any applicant prior to the payment by the applicant and receipt of such fee by the city manager and no license shall be issued until all such fees are paid.


C. Investigation Of Application:

1. Investigation: Upon receipt of the application and payment of fees, the original shall be referred to the city manager, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.

2. Statement Of Prior Arrest: The application statement of prior arrest and/or conviction shall be forwarded to the police chief for verification. The police chief shall immediately report his findings to the city manager.


D. Denial Of License:

1. Upon the director's review of the application, the city manager shall refuse to issue a license to the applicant for any of the following reasons:

a. The applicant has been convicted of any felony, gross misdemeanor, or a misdemeanor involving a sex offense, trafficking in controlled substances, or any violent act against a person or property, such conviction having been entered within the ten (10) years preceding the date of application;

b. The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the ten (10) years immediately preceding the date of application.

2. The license application may also be denied for good cause as set forth in section 2-1-14 of this title.

3. The city manager's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is disapproved and that no license will be issued. Notice shall be delivered personally or mailed to the applicant at the address shown on the application form, or at the applicant's last known address.


E. Approval Of Application: If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the city manager shall endorse on the application his approval thereof. The city manager shall then refer the application to the city council at its next regular meeting, together with the findings and all facts upon which the findings are based. The application may be acted upon by the city council at any regular or at any special meeting duly called and noticed. (Ord. 405, 7-22-2008, eff. 8-15-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314593

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-5: MOBILE FOOD VENDOR VEHICLE REQUIREMENTS AND VEHICLE IDENTIFICATION STICKER WITH IDENTIFICATION NUMBER:linklink


A. Trash Receptacles: Each mobile food vendor's vehicle must be equipped with a trash receptacle, and each mobile food vendor shall be held responsible for litter in the vicinity of his vehicle.


B. Vehicle Identification Sticker With Identification Number: Each mobile food vendor shall post in a prominent place on the upper left corner of the back of the vehicle, a sticker with an identification number thereupon, as approved by the city manager and issued by the police department, showing the vehicle's city mobile food vendor license number. The display shall be of such color, size and placement that the identification number can be easily read at a distance of ten feet (10').


C. Issuance Of Vehicle Identification Sticker With Identification Number: In addition to any licensing or certification requirement imposed by the southern Nevada health district, a mobile vendor's vehicle must first be issued a vehicle identification sticker with identification number by the police department before a business license may be issued for the operation of that vehicle. (Ord. 405, 7-22-2008, eff. 8-15-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314594

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-6: VEHICLE MAINTENANCE:linklink

The licensee shall maintain a vehicle to be used for vending in such a condition that:


A. All doors, windows, hoods and trunks open and close securely;


B. The exterior of the vehicle is clean and in good repair; and


C. Any windows on the vehicle are clear of signs and other obstructions.


D. The vehicle contains safety equipment required by Nevada Revised Statutes 484.579 and 484.582 as may be amended or renumbered from time to time, if applicable. (Ord. 405, 7-22-2008, eff. 8-15-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314595

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-7: FURTHER REGULATIONS:linklink


A. Mobile food vendors shall be subject to the fees set forth in section 2-1-13 of this title.


B. Each mobile food vendor shall be in compliance with the regulations enacted by the Clark County health district, and shall show written evidence of the same, prior to issuance of a license by the department.


C. An identification card for each mobile food vendor, or persons acting in supervisory positions above them shall be obtained from the police chief. The identification card, to be carried on the person of each such person at all times whenever he is so engaged in the city, shall include thereon his name and address, his right or left thumbprint, a photograph of the person, his description, the license and its number under which he is working, the date of its issuance, and the type of food for which it was issued and the vehicle, if any, he commonly uses. Every natural person required to obtain a license and identification card under the provisions of this article shall allow inspection of the license and identification card upon request by any prospective customer, business license officer in the city or police officer.


D. No licensee hereunder may lease, rent, or otherwise hire a vehicle to another for use as a mobile food vendor's vehicle. Every driver shall be a licensee hereunder, or the direct employee of such licensee.


E. During the hours that schools are in session and during the period of one-half (1/2) hour before or after the times posted on the applicable school zone signs, no mobile food vendor shall sell or solicit, or attempt to sell or solicit, or park a vehicle: 1) within one thousand feet (1,000') in any direction from the extreme outside perimeter of any school and/or adjacent park grounds, 2) within a posted school zone, or 3) on the opposite side of the street which runs next to the front of a school.


F. No mobile food vendor shall enter on private property, knock on doors, ring any bells, or otherwise disturb persons in their residences between the hours of nine o'clock (9:00) P.M. and eight o'clock (8:00) A.M. This section shall not apply, however, when the mobile food vendor has been specifically invited by the owner, resident, occupant or person legally in charge of the premises.


G. No mobile food vendor shall:

1. Consume alcoholic beverages or be intoxicated while vending.

2. Vend on any street at a location where the speed limit is greater than thirty five (35) miles per hour.

3. Vend from any vehicle which is parked or stopped on a street within seventy five feet (75') of an intersection.

4. Vend on a street, except from the side of the vehicle away from moving traffic and as near as possible to the right hand curb or edge of the street.

5. Vend to a person standing in a roadway.

6. Vend on a street unless there is a clear view of the vehicle for a distance of two hundred feet (200') in each direction.

7. Play or employ any sound, outcry, amplifier, loudspeaker or other instrument or device for production of sound from the vehicle:

a. In such a manner as to create a "breach of peace", as defined in Nevada Revised Statutes 203.010. (Ord. 405, 7-22-2008, eff. 8-15-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314596

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-8: EXHIBITION OF LICENSE:linklink

All mobile food vendors are required to exhibit their licenses at the request of any customer or potential customer, business license officer or peace officer. (Ord. 405, 7-22-2008, eff. 8-15-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314597

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-9: SIGNS DENYING APPROACH:linklink


A. It is unlawful for any mobile food vendor to knock on the door, or ring the bell of any residence whereon a sign with visible and legible letters at least three-fourths (3/4) of an inch in height bearing the words "No Trespassers", "No Peddlers", "No Canvassers", "No Mobile Food Vendors", "No Solicitors", or other words of similar import are painted, affixed or exposed to public view, or to attempt to gain admittance thereto.


B. This regulation shall apply to all groups of structures or complexes such as apartments, condominiums, or private gated communities which have posted signage pursuant to subsection A of this section at the entrance(s) or other points of ingress to such property regardless of whether any individual residence is individually posted, provided that the sign has letters at least one and a half inches in height.


C. The provisions of this section shall not apply to a mobile food vendor who knocks at any door, or rings any bell, at the specific invitation of the owner, resident, occupant or person legally in charge of the premises. (Ord. 405, 7-22-2008, eff. 8-15-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314598

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-10: TRANSFER PROHIBITED:linklink

It shall be unlawful for any mobile food vendor to transfer his license to any other person. (Ord. 405, 7-22-2008, eff. 8-15-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314599

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-11: LICENSE SUSPENSION, REVOCATION, LIMITATION:linklink

Any license issued under this article may be revoked, limited, or suspended by the city manager for any of the reasons set forth in this article and section 2-1-14 of this title. (Ord. 405, 7-22-2008, eff. 8-15-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314600

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-12: LICENSEE RESPONSIBLE FOR THE ACTS OF EMPLOYEES:linklink

Every licensee shall be responsible for the acts of his employees and agents committed during the course of employment or licensed activity. In any license suspension, limitation or revocation proceedings, the fact that the licensee did not have actual knowledge of the events complained of shall be no defense, and every licensee hereunder accepts his license subject to said condition. (Ord. 405, 7-22-2008, eff. 8-15-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314601

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-13: LICENSEE'S AGREEMENT TO CONFORM TO LAW:linklink

Acceptance of a license constitutes an agreement on the part of such licensee to be bound by all of the regulations of the city as the same now are, or may hereafter be amended or promulgated. It is the sole responsibility of the licensee to keep himself informed of the content of all such rules and regulations, and ignorance thereof will not excuse violations. (Ord. 405, 7-22-2008, eff. 8-15-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314602

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-14: RIGHT OF APPEAL:linklink

Appeal rights of applicants are set forth in section 2-1-14 of this title. (Ord. 405, 7-22-2008, eff. 8-15-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314603

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-15: JUDICIAL REVIEW:linklink

Procedure for judicial review of final decisions and order of the council are set forth in section 2-1-14 of this title. (Ord. 405, 7-22-2008, eff. 8-15-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314604

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-5D-16: PENALTY FOR VIOLATION:linklink

Any person violating any of the provisions of this article shall be guilty of a misdemeanor; and, upon conviction thereof, shall be punished as the law allows for a misdemeanor crime. Whenever in this article any act is prohibited, or is made or declared to be unlawful, or an offense or a misdemeanor, or whenever in such article the doing of any act is required, or the failure to do any act is made or declared to be unlawful, or an offense or misdemeanor, the doing of any such prohibited act, or the failure to do any such required act, shall constitute a violation of this article. Every day of violation of this article constitutes a separate offense. Any person being adjudged guilty of a violation of this article or any of the provisions or prohibitions thereof may, in the discretion of the council, be denied a license thereafter. (Ord. 405, 7-22-2008, eff. 8-15-2008)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=314605