§ 110-205. Permit requirements.

(a)

A mobile ice cream vending permit shall be applied for with the department of finance and shall be on forms provided by the city and in the format and number of copies as required by the instructions. If applicable, no permit shall be issued until all requisite approvals by the State Department of Health and Hospitals are finalized and received by the department of finance. All permit holders shall comply with all applicable laws and regulations of the State of Louisiana and the Code of the City of New Orleans.

(b)

Any permit that is issued shall in each instance state the occasion for which it is Issued and the date upon which it will expire and shall be in addition to any other required tax or license. Permits shall be issued on an annual basis and shall expire on December 31. Renewal applications shall be made by January 31. Nothing contained herein precludes the prorating of permit fees.

(c)

The number of permits issued under this division shall at no time exceed 25 for the entire city.

(d)

Permits shall be conspicuously displayed and affixed to the front windshield, lower corner, passenger side and be clearly visible from outside the mobile ice cream truck at all times during operation.

(e)

Permits issued under this division are valid for use only in residential zoning districts as defined in the New Orleans Comprehensive Zoning Ordinance, as amended. Nothing contained herein shall be construed to permit the use of any permit in the Central Business District or the entirety of the Vieux Carré.

(f)

Permits issued under this division are not valid:

a.

During the Mardi Gras Season in the locations governed by sections 34-34 et seq.;

b.

During the Annual New Orleans Jazz and Heritage Festival Season within the area bounded by Florida Avenue on the north, North Broad Avenue on the east, Esplanade Avenue on the south, and Bayou St. John on the west (excluding the portion of that area contained within the exterior boundaries of the New Orleans Fair Grounds Racetrack) commencing at 7:00 a.m. on the first day of live music performances and continuing through and until 11:59 p.m. on the concluding day of live music performances;

c.

In a clean zone as authorized by an ordinance adopted by the council; and

d.

When the city requires the use of its public right-of-way to facilitate projects or events within the right-of-way.

(g)

Mobile ice cream trucks permitted under this division and operating in compliance with this division shall not be considered a land use subject to regulation under the Comprehensive Zoning Ordinance.

(h)

The director of the department of finance may prescribe such other policies and procedures as to the issuance of permits as may be required to carry out the full intent and purpose of this division.

(M.C.S., Ord. No. 25407, § 2, 7-25-13)