MOBILE FOOD VENDORS

Henderson Municipal Code tit. 4, ch. 4.72

in effect

Henderson Municipal Code § 4.72.010 Definitions.

4.72.010 - Definitions. As used in this chapter, unless the context otherwise requires, or the words are otherwise defined below, the words and terms used in this chapter have the following meanings: A. Department means the department of finance business license division. B. Director means the administrator of purchasing and licensing or his designee in the business license division of the department of finance. C. 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. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.020 Statement of purpose and intent—Regulation.

4.72.020 - Statement of purpose and intent—Regulation. 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 so as 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 chapter. In conformity with the policy of this chapter, the following persons are declared not to be qualified to hold a license under the provisions of this chapter: A. A person who violates, or has violated, the provisions of this chapter 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 chapter, 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 chapter, 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. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.030 Unlawful to operate without license.

4.72.030 - Unlawful to operate without license. 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 therefor in compliance with the provisions of this chapter. (Ord. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.040 License—Application—Consent to investigation.

4.72.040 - License—Application—Consent to investigation. Whenever a person desires to conduct any of the activities of a mobile food vendor in the city, such person shall completely execute the following: A. The application specified in section 4.04.060(A); B. Applicant's request to release information (HPD INV 40 [Rev. 1/01] or as may be amended) the contents of which are incorporated herein by reference; and C. Henderson police department personal history questionnaire (HPD INV 41 [2/01], or as may be amended) the contents of which are incorporated herein by reference and any other pertinent documents or information which the department may require in order to corroborate the information provided in the form. (Ord. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.050 Investigation fees—Employees or agents to qualify the same as the applicant.

4.72.050 - Investigation fees—Employees or agents to qualify the same as the applicant. An applicant is required to pay to the department the investigation fee as set forth in chapter 4.03, for each person required to be licensed as well as for each driver. (Ord. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.060 No refund on investigation fee.

4.72.060 - No refund on investigation fee. Even though an applicant is denied a license after investigation, no part of the investigation fees deposited shall be returned to the applicant. (Ord. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.070 Withdrawal of application—Refund.

4.72.070 - Withdrawal of application—Refund. If any applicant withdraws his application prior to the beginning of an investigation, all investigation fees deposited shall be returned to the applicant. (Ord. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.080 Investigation and issuance.

4.72.080 - Investigation and issuance. A. Upon receipt of the application, the department shall refer the applicant or employee or agent thereof to the Henderson police department which shall cause a background investigation of the applicant's and driver's local criminal history and the Nevada Sex Offender Registry. B. Upon the director's review of the application, the director shall refuse to issue a license to the applicant for any of the following reasons: 1. 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 being entered within the ten years preceding the date of application; 2. The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the ten years immediately preceding the date of application. C. The license application may also be denied for good cause as set forth in section 4.04.150(A), or because the applicant is not qualified as set forth in section 4.72.020. (Ord. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.090 Fees—Further regulations.

4.72.090 - Fees—Further regulations. A. Mobile food vendors shall be subject to the fees set forth in section 4.05.010. 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. 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. D. Each licensee shall further be subject to regulation of section 8.99.030(G). E. During the hours that schools are in session and during the period of one-half 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 500 feet 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 9:00 p.m. and 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. (Ord. 2831, § 5, 10-20-2009; Ord. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.100 Exhibition of license.

4.72.100 - Exhibition of license. 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. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.110 Signs denying approach.

4.72.110 - Signs denying approach. 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 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 1½ 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. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.120 Transfer prohibited.

4.72.120 - Transfer prohibited. It shall be unlawful for any mobile food vendor to transfer his license to any other person. (Ord. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.130 License—Suspension—Revocation—Limitation.

4.72.130 - License—Suspension—Revocation—Limitation. Any license issued under this chapter may be revoked, limited, or suspended by the director for any of the reasons set forth in sections 4.72.080 or 4.04.150. (Ord. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.140 Licensee responsible for the acts of employees.

4.72.140 - Licensee responsible for the acts of employees. 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. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.150 Licensee's agreement to conform to law.

4.72.150 - Licensee's agreement to conform to law. 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. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.160 Right of appeal.

4.72.160 - Right of appeal. Appeal rights of applicants are set forth in section 4.04.210. (Ord. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.170 Judicial review.

4.72.170 - Judicial review. Procedure for judicial review of final decisions and order of the council are set forth in section 4.06.160. (Ord. 2382, § 2 (part), 2005)

Henderson Municipal Code § 4.72.180 Penalty for violation of chapter.

4.72.180 - Penalty for violation of chapter. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor; and, upon conviction thereof, shall be punished as the law allows for a misdemeanor crime. Whenever in this chapter any act is prohibited, or is made or declared to be unlawful, or an offense or a misdemeanor, or whenever in such chapter 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 chapter. Every day of violation of this chapter constitutes a separate offense. Any person being adjudged guilty of a violation of this chapter or any of the provisions or prohibitions thereof may, in the discretion of the council, be denied a license thereafter. (Ord. 2382, § 2 (part), 2005)

Source: City of Henderson, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/henderson/codes/code_of_ordinances?nodeId=TIT4BURELI_CH4.72MOFOVEFetched: 11/1/2026