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It's that time of year when children of all ages chase after ice cream trucks with ringing bells, certain to get a tasty cold treat. Ice cream trucks are found in almost every town, but are the drivers investigated and licensed, and do the vehicles contain safety equipment? If your municipality does not license or regulate ice cream vendors (on streets or in stadiums) and you would like to review sample legislation, read on.

Paterson, C., NJ

§ 367-11. Definitions.

As used in this Article, the following terms shall have the meanings indicated:

PEDDLER -- Includes a person who goes from place to place or from house to house by traveling on the streets by vehicle or otherwise and who carries with him goods, wares and merchandise for the purpose of selling or delivering them to consumers.

§ 367-12. License required.

No peddler of ice cream, ice cream products, water ices, frozen water products or frozen confectionery products of any kind or character shall sell, solicit, dispose of or offer his goods, wares or merchandise for sale within the city unless he first obtains a license issued by the Licensing Division after prior approval thereof by the Council.

§ 367-13. Application for license; contents.

1. An application for license under this Article shall be made by the applicant, in writing, verified under oath, on forms approved by the Council.

2. The application shall be filed in the office of the Licensing Division and shall set forth the following information:

1. The name and permanent home address of the applicant at the time of the application.

2. The name and address of the firm represented.

3. All permanent home addresses of the applicant within the past three (3) years.

4. The length of time for which a license is desired.

5. A description of the vehicle to be used, if a motor vehicle is to be used, including:

1. The name and address of the owner of the vehicle as registered with the Director of the Division of Motor Vehicles.

2. A description of the vehicle, giving the name of the manufacturer, serial number, motor number and the name of the person and any other insignia appearing thereon.

3. The date of purchase of the vehicle and the name and address of the person from whom acquired.

4. If the applicant is not the owner, the interest of the applicant in said vehicle.

5. If any person, other than the applicant, has any interest whatsoever in the vehicle, the name and address and interest of each such person.

6. Whether or not the applicant has been convicted of a crime or disorderly persons offense or violation of any municipal ordinance and the nature of each offense, if any, for which convicted.

7. The names and addresses of persons from whom the products to be sold, disposed of or offered for sale under this Article have been or are to be purchased for the purpose of resale in the applicant's business.

3. If the applicant is an employee or representative of any person, there shall be appended to the application a letter from the employer or principal authorizing the applicant to act as his representative.

§ 367-14. Investigation; issuance of license.

Upon the filing of the application, the Council shall cause an investigation to be made concerning the facts therein set forth and of the applicant's business and moral character as it deems necessary for the protection of the public good. If, as a result of such investigation, the applicant's character and business responsibility is found to be satisfactory and the products proposed to be sold, disposed of or offered for sale comply with all state laws and ordinances of the city relating to food and food product, then upon approval of the application by the Council and upon payment to the Licensing Division of the fee prescribed in § 367-17 hereof, the license shall be issued by the Licensing Division.

§ 367-15. Rights conferred by license; transferability; term.

1. The license issued shall not authorize any person, except the person designated therein, to engage in business thereunder. The license shall not be transferable from person to person. A separate license shall be obtained by each peddler and every agent or representative working for him.

2. Licenses issued under this Article shall be valid only for the term of one (1) year beginning on the first day of May in each year and terminating on April 30 of the following year.

§ 367-16. Display of plate or badge.

Upon the issuance of a license, the Licensing Division shall furnish the licensee with a plate, badge or other evidence bearing a number corresponding to the number of license and the year in which it is issued. The plate, badge or other evidence shall be displayed at all times on a conspicuous part of the vehicle, if any, used by the licensee in the conduct of his business. If no vehicle shall be used, the license shall be carried by the licensee and shall be exhibited on demand of any resident of the city or member of the Police Division.

§ 367-17. License fees.

The fee for a license issued under this Article for each yearly period beginning on the first day of May, for revenue purposes, shall be one hundred twenty-five dollars ($125.) for each wagon, pushcart, automobile, bicycle or other vehicle or receptacle in which the products are carried or from which they are sold. In addition, a fee of ten dollars ($10.) shall be paid for each salesman, except that a license for one (1) salesman shall be issued without charge upon issuance of the license for each wagon, pushcart, automobile or other vehicle or receptacle in which such products are carried or sold.

§ 367-18. Misrepresentation of product.

No peddler licensed under this Article shall misrepresent the character or quality of the merchandise offered for sale.

§ 367-19. Conduct of peddlers.

No peddler licensed under this Article shall importune or otherwise annoy any person for the purpose of effecting a sale.

§ 367-20. Compliance with food laws.

All products sold, disposed of or offered for sale under this Article shall comply with all laws and ordinances of the city relating to food and food products.

§ 367-21. Suspension or revocation of license; hearing.

In addition to the penalty prescribed in § 367-22, any license issued under this Article may be revoked by the Council for the violation of any provision hereof upon notice and hearing. A license may be suspended for a period of two (2) weeks pending hearing. No part of the license fee shall be returned upon revocation of the license.

§ 367-22. Violations and penalties. [Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.]

Any person who violates any provision of this Article shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.), by imprisonment for a term not exceeding ninety (90) days or by a period of community service for not more than ninety (90) days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

Haverhill, C., MA

§ 191-4. Licensing of vendors.

1. Licenses for the sale of ice cream and related products from a vending truck shall be issued by the Board of Health. The initial licenses shall be granted to expire on the first anniversary of the effective date of this legislation.

2. There shall be issued no more than two (2) such licenses during the course of any given year.

3. Whenever a license hereunder is issued to a vendor whose principal place of business is located within the City of Haverhill, such license shall limit to two (2) the number of vending trucks to be used by the licensee.

4. Whenever a license hereunder is issued to a vendor whose principal place of business is located outside the City of Haverhill, such license shall limit to one (1) the number of vending trucks to be used by the licensee.

5. The fee for licenses issued hereunder shall be set by the Board of Health.

6. In evaluating an application for a license to sell ice cream and related products from a vending truck, the Board of Health shall consider the following criteria:

1. Whether the applicant has sufficient vending equipment to adequately service the needs of the city.

2. The number of years the applicant has been engaged in the sale of ice cream and related products from vending trucks within the city.

3. The extensiveness and quality of the applicant's line of products to be offered for sale to the public.

4. Whether the applicant's business is located within the city.

5. Whether the applicant has previously had a license to peddle within the city.

6. Whether the applicant has been convicted within the prior twelve (12) months of any offense against the laws of Massachusetts or the ordinances of the city relating to peddling.

7. Whether the applicant is a person of good moral character and has a good business reputation within the city.

8. Any other factors relating to the applicant deemed relevant by the Board of Health in determining whether the issuance of a license to him will best serve the general welfare of the residents of the city.

7. The Board of Health shall regulate the issuance, revocation, suspension and renewal of all licenses hereunder.

8. Any individual, corporation, partnership or other entity to which a license hereunder is issued shall be entitled, at least thirty (30) days prior to the expiration of such license, to apply for renewal of such license, said renewal to be granted unless for good cause shown.

9. Nothing contained in this § 191-4 shall apply to the issuance or other disposition of a license to sell ice cream and related products from a vending truck at the Haverhill Municipal Stadium, and no license issued hereunder shall entitle the licensee to operate at said stadium.

10. This section shall be effective for a period of one (1) year from the date of its enactment and shall be subject to further review and amendment by the City Council on or before its first anniversary.

§ 191-5. Licensing of vendors at Haverhill Municipal Stadium.

1. Licenses for the sale of ice cream and related products from a vending truck at the Haverhill Municipal Stadium shall be issued by the Board of Health. The initial licenses shall be granted to expire on the first anniversary of the effective date of this legislation.

2. There shall be issued no more than two (2) such licenses during the course of any given year.

3. Such license shall stipulate that the licensee shall use no more than one (1) vending truck per licensee in the sale of ice cream and related products at the Haverhill Municipal Stadium.

4. The fee for such licenses shall be set by the Board of Health.

5. In evaluating an application for a license to sell ice cream and related products from a vending truck, the Board of Health shall consider the following criteria:

1. Whether the applicant has sufficient vending equipment to adequately service the needs of the stadium.

2. The number of years the applicant has been engaged in the sale of ice cream and related products from vending trucks within the city.

3. The extensiveness and quality of the applicant's line of products to be offered for sale to the public.

4. Whether the applicant's business is located within the city.

5. Whether the applicant has previously had a license to peddle within the city.

6. Whether the applicant has been convicted within the prior twelve (12) months of any offense against the laws of Massachusetts or the ordinances of the city relating to peddling.

7. Whether the applicant is a person of good moral character and has a good business reputation within the city.

8. Any other factors relating to the applicant deemed relevant by the Board of Health in determining whether the issuance of a license to him will best serve the general welfare of the residents of the city.

6. The Board of Health shall regulate the issuance, revocation, suspension and renewal of all licenses hereunder.

7. Any individual, corporation, partnership or other entity to which a license hereunder is issued shall be entitled, at least thirty (30) days prior to the expiration of such license, to apply for renewal of such license, said renewal to be granted unless for good cause shown.

8. This section shall be effective for a period of one (1) year from the date of its enactment and shall be subject to further review and amendment by the City Council on or before its first anniversary.

Babylon, T., NY

[HISTORY: Adopted by the Town Board of the Town of Babylon 1-20-1976 as L.L. No. 1-1976. Amendments noted where applicable.]

§ 141-1. Definitions and word usage.

1. Terms defined. As used in this chapter, the following terms shall have the meanings indicated:

   COUNTY -- The County of Suffolk.

   ICE CREAM TRUCKS -- Every motor vehicle in which ice cream, ice milk or other frozen dairy products are carried for the purpose of retail sale on the streets of the Town of Babylon.

   PERSON -- Individuals, partnerships, corporations and unincorporated associations or any other organization.

   TOWN -- The Town of Babylon.

   VEND or VENDING -- The offering of ice cream, ice milk or other frozen dairy products for sale from a motor vehicle on the the streets of the Town of Babylon.

2. Word usage. The term "shall" is mandatory and "may" is permissive.

§ 141-2. Safety course and equipment.

1. In addition to other to other equipment required by law, every ice cream truck shall be equipped with such safety devices as are required by the county.

2. Every ice cream truck and driver thereof shall possess proof of vehicle inspection by the county and proof of the successful completion of the county driver safety course.

§ 141-3. Use of lights and swing arm.

1. The driver of an ice cream truck stopped on a street for the purpose of vending shall actuate any special flashing lights and extend such swing arm as are required by the County.

2. These lights and swing arm shall not be used when an ice cream truck is in motion nor at any time when stopped for a purpose other than vending.

§ 141-4. Vending regulations.

1. A person shall not vend on streets where the speed limit exceeds thirty (30) miles per hour.

2. The driver of an ice cream truck shall not drive in reverse in order to make or attempt a sale.

3. It shall be unlawful to vend between the hours of 10:00p.m. and 6:00 a.m.

§ 141-5. Unauthorized and minor riders prohibited.

1. The driver of an ice cream truck shall not permit any person under sixteen (16) years of age nor any unauthorized person to ride in or on the vehicle.

2. A person shall not ride in or on an ice cream truck unless employed by its owner or unless authorized in writing to do so by the owner.

§ 141-6. Penalties for offenses.

An offense against any provision of this chapter which is not within the purview of the Vehicle and Traffic Law of the State of New York shall be punishable by a fine not exceeding two hundred fifty dollars ($250.) for each such offense. A peddler found guilty of any such offense may have his license revoked by the Town Board.

Freeport, V., NY

§ 158-5. Definitions. [Amended 1-16-1978 by L.L. No. 1-1978]

As used in this Article the following terms shall have the meanings indicated:

HAWKER or PEDDLER -- Any person traveling by foot, wagon, automotive vehicle or other conveyance from street to street or from place to place carrying or transporting goods, wares, merchandise and offering the same for sale, other than from house to house, except one engaged in the peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities.

No person shall engage in the business of hawker or peddler in the village without first obtaining an annual license therefor.

§ 158-7. License fee; licensing of vehicle. [Amended 11-273]

1. Generally. An annual fee shall be paid before a license is issued hereunder, except that if application is made and a license is granted subsequent to November 30 of any year, a fee equal to fifty percent (50%) of the annual fee shall be paid. All annual licenses shall expire on May 31 and shall thereafter be renewable as provided in § 158-10. The Board of Trustees by resolution shall adopt and from time to time may amend a schedule of fees payable by applicants for hawkers and peddlers licenses or a renewal thereof. [Amended 2-26-1990 by L.L. No. 2-1990]

2. Each conveyance to be licensed; display. For each separate vehicle or conveyance used by any licensee hereunder, a separate fee shall be paid. The license issued for each vehicle shall contain the New York State motor vehicle license number of such vehicle and shall be visibly displayed upon such vehicle. Any use of such license on any other vehicle shall constitute grounds for the revocation of any and all of the offending licenses

§ 158-8. Exempted persons. [Amended 12-11-1972]

Nothing herein contained shall prohibit hawking or peddling by an honorably discharged soldier, sailor or marine who is crippled as a result of injuries while in the naval or military service of the United States or the holder of a license granted pursuant to § 32 of the General Business Law. Neither shall anything herein contained prohibit hawking or peddling by a lawful representative of any nonprofit corporation, association, society or organization organized exclusively for religious, benevolent, humane, charitable, educational, hospital, patriotic or fraternal purposes or which promotes the study or the advancement of the arts or sciences or sustains, encourages or promotes the musical or performing arts.

§ 158-9. Rules and regulations. [Amended 11-23-1970; 12-14-1970; 8-14-1972; 10-18-1976 by L.L. No. 9-1976]

A licensed hawker or peddler shall not:

1. Falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions or merchandise.

2. Use the license provided by the village after the expiration or revocation of the license represented by them.

3. Fail to keep the vehicles and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well-covered and protected from dirt, dust and insects.

4. Stand or permit the vehicle used by him to stand in one (1) place in any public place or street for more than ten (10) minutes or in front of any premises for any time if the owner of or lessee of the ground floor thereof objects.

5. Sell any confectionery or ice cream within five hundred (500) feet of any school property line between the hours of 8:00 a.m. and 4:00 p.m. on school days.

6. Permit any vehicle used by him to stop or remain on any crosswalk.

7. Create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.

8. Sell any goods, wares and merchandise of any kind or description from any vehicle parked in a metered parking area.

9. Fail to keep and maintain a proper receptacle on the vehicle for use by the customer for the deposit of litter, refuse and trash.

10. Enter upon private property for the purpose of carrying or transporting goods, wares or merchandise and/or offering same for sale, except upon the invitation of the owner or occupant. Any person found in violation of this subsection shall be subject to a fine of not more than two hundred fifty dollars ($250) and such person shall be deemed a disorderly person.

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