GENERAL PROVISIONS

SJ-MC tit. 6, ch. 6.39, pt. 1

in effect

San José Municipal Code § 6.39.010 Definitions.

6.39.010 - Definitions. The definitions set forth in this part shall govern the application and interpretation of this chapter. (Ord. 24602.)

San José Municipal Code § 6.39.020 Employee.

6.39.020 - Employee. "Employee" means any person who drives or rides on an ice cream truck and who works for or under the direction of, or on behalf of, or as an agent of the business operator. (Ord. 24602.)

San José Municipal Code § 6.39.030 Ice cream truck.

6.39.030 - Ice cream truck. "Ice cream truck" means any motor vehicle requiring a license from the California Department of Motor Vehicles which is used to peddle, sell, or vend at retail: A. Prepackaged frozen dairy or water-based food products; or B. Soft-serve or hand-dipped frozen dairy or water-based products; irrespective of whether or not the truck carries other prepackaged food products. (Ords. 24602, 24918.)

San José Municipal Code § 6.39.040 Ice cream truck business.

6.39.040 - Ice cream truck business. "Ice cream truck business" means the business of peddling, selling or vending at retail, from a truck that travels from place to place on the streets within the city: A. Prepackaged frozen dairy or water-based food products; or B. Soft-serve or hand-dipped frozen dairy or water-based products; irrespective of whether or not the truck carries other prepackaged food products. (Ords. 24602, 24918.)

San José Municipal Code § 6.39.060 Permittee.

6.39.060 - Permittee. "Permittee" means the holder of an ice cream truck business permit. (Ord. 24602.)

San José Municipal Code § 6.39.070 Trainee.

6.39.070 - Trainee. "Trainee" means the holder of a trainee license issued by the chief of police. (Ord. 24602.)

San José Municipal Code § 6.39.080 Business permit required.

6.39.080 - Business permit required. It shall be unlawful for a person to maintain, manage, operate, conduct, control or own an ice cream truck business that operates within the city unless the business is maintained and operated in strict compliance with a valid business permit. (Ord. 24602.)

San José Municipal Code § 6.39.090 Employee and trainee license.

6.39.090 - Employee and trainee license. A. It shall be unlawful for a person, other than the business operator, to drive or ride on an ice cream truck that is in operation without having first obtained either an employee license or a trainee license from the chief of police. B. It shall be unlawful for any ice cream truck business operator, owner or employee to allow or tolerate having any person who does not have an employee or trainee license from driving or riding in an ice cream truck. C. A business permittee is deemed to have an employee license for purposes of driving or riding in the permittee's ice cream trucks. (Ord. 24602.)

Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6.39ICCRTRPE_PT1GEPRFetched: 11/1/2026