Chapter 5-86
PEDDLERS, HAWKERS AND MOBILE STREET FOOD VENDORS
Sections:
5-86-020 Prohibited operations.
5-86-070 Responsibility for license.
Prior legislation: Ords. 2164 and 2931.
5-86-010 License required.
It is unlawful for any person to sell any food items from a cart, truck, or any other vehicle without obtaining a license from the city of Harvey. (Ord. 3313 § 2 (part), 2014)
5-86-020 Prohibited operations.
Except otherwise permitted in this chapter, it is unlawful and illegal for any person to operate within the city limits of the city as a street peddler, street hawker, street vendor or salesperson whether from a cart, wagon, automobile, truck, van or other vehicle. (Ord. 3313 § 2 (part), 2014)
5-86-030 Definitions.
“Approved” means acceptable to the board of health based on its determinations to conformance with the appropriate standards and good health practices.
“Bactericidal treatment” means the application of an approved method or substance to a clean surface for the destruction of pathogens and other organisms, so far as practicable, and which, in the opinion of the department of health, is effective and does not adversely affect the food, drink or equipment with which it comes in contact, or the health of the consumer of such food and drink.
“Closed” means fitting together snugly, leaving no openings larger than one thirty-second (1/32) of an inch.
“Contaminated” means exposed to contact with dust, dirt, insects, vermin, animals, promiscuous handling or other contaminants.
“Corrosion-resistant material” means a material which maintains its original characteristics under prolonged influence of the food, normal cleaning compounds and sanitizing solutions which may contact it.
“Easily cleanable” means readily accessible to sight and touch if manually cleaned, and of such material and finish, and of such design and construction that residue may completely be removed by normal cleaning methods. If cleaned in place, shall be a type of system approved by the department of health.
“Employee” means all persons working in a food establishment including the proprietor or manager.
“Equipment” means all permanent fixtures and movable appliances including, but not limited to, stoves, ranges, hoods, meat blocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar items other than utensils, used in the operation of a food establishment.
“Food” means any raw, cooked or processed edible substance, alcoholic or nonalcoholic beverages, or ingredient, used or intended for use in whole or in part for human consumption.
“Food-contact surfaces” means those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces with which food could come in contact and drain back onto the surfaces normally in contact with food.
“Food dispensing” means the act of keeping, preparing or selling, offering for sale or distribution, for consumption on or off the premises, or in an enclosed or partially enclosed dining area adjacent to the enclosed food establishment, any articles of food and drink for human consumption.
“Ice” means the product, in any form, obtained as a result of freezing by approved mechanical means, of potable water from an approved source.
“Inspectional Services” means the department of planning inspectors and fire department inspector, or its representatives.
“Kitchenware” means all multi-use utensils, other than tableware, used in the storage, preparation, conveying or serving of food.
“Misbranded” means the presence of any written, printed or graphic matter upon or accompanying food or containers of food which is false or misleading or which violates any applicable federal, state or local labeling requirements.
“Mobile food dispenser” means any person who, by traveling from place to place upon the public ways, serves previously prepared food that is enclosed or wrapped for sale in individual portions, coffee, other beverages, or whole and uncooked fruits or vegetables from a wheeled vehicle.
“Mobile food preparer” means any person who, by traveling from place to place upon the public ways, prepares and serves food from a mobile food truck.
“Mobile food truck” means a motorized vehicle used to conduct a mobile food preparer business.
“Mobile food vehicle” means a motorized vehicle used to conduct a mobile food dispenser, mobile food preparer or mobile desserts vendor business.
“Mobile food vendor” means a mobile food dispenser, mobile food preparer, produce merchant or mobile desserts vendor.
“Mobile frozen desserts vendor” means any person who, by traveling from place to place upon the public ways, serves from a two (2) wheeled or three (3) wheeled motorized or nonmotorized vehicle, pushcart, or handcart individual portions of ice cream, ice milk, frozen dessert mix, sundaes or other frozen desserts that are totally enclosed in a wrapper or container and which have been manufactured, prepared or wrapped in a licensed food establishment.
“Person” means any individual, group of individuals, firm, partnership, company, corporation, trustee, association, or any public or private entity.
“Person in charge” means the individual present in a food establishment who is the apparent supervisor of the establishment at the time of the inspection. If no individual is the apparent supervisor, then any employee present is in charge.
“Potentially hazardous food” means food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients, including synthetic ingredients, and which is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include: foods that have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less under standard conditions; food products in hermetically sealed containers processed to prevent spoilage.
“Prepackaged and nonperishable food” means any food or beverage which is not capable of supporting rapid and progressive growth of microorganisms which may cause food infections; and which is packaged in a hermetically sealed container designed to keep the contents free of contamination by microorganisms and maintain the commercial sterility of its contents after thermal processing. The term shall include packaged candy, gum and confections and bottled or canned water or soft drinks, if the package, bottle or can includes a manufacturer’s quality assurance date. In no case shall the term include fresh or processed meats, poultry, seafood, dairy products, eggs, or fresh fruit and vegetables.
“Produce” means whole and uncooked agricultural, plant-based items, including, but not limited to, fruits, vegetables, legumes, edible grains, nuts, spices, herbs and cut flowers.
“Produce stand” means a nonmotorized free standing, temporary structure located on a private or public property or on the public way, from which a produce merchant sells produce.
“Safe temperatures” as applied to potentially hazardous food means temperatures of forty (40) degrees Fahrenheit or below and one hundred forty (140) degrees Fahrenheit or above.
“Sanitized” means effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the department of health as being effective in destroying microorganisms, including pathogens.
“Seal” means a tag, stamp, seal, mark or other device affixed to any food by the department of health.
“Sealed” means free of cracks or other openings which permit the entry or passage of moisture.
“Sell” means to transfer or exchange for value, to expose or offer for sale or exchange, or to procure, store, keep or have on hand or in one’s possession or control for the purpose of selling.
“Serve” means the placing of such food for the convenience of the patron into any cup, glass, cone, dish, plate, single-service container or receptacle from which it may be conveniently consumed by the person.
“Single-service articles” means cups, containers, lids or closures, plates, knives, forks, spoons, stirrers, paddles, straws, place mats, napkins, doilies, wrapping material, bags, and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, metal, wood, plastic, synthetic or other readily destructible materials, which are intended by the manufacturers and generally recognized as for one usage only, then to be discarded.
“Tableware” means all multi-use eating and drinking utensils including flatware (knives, forks and spoons).
“Utensils” means any kitchenware, tableware, glassware, cutlery, containers or other equipment with which food and drink comes in contact during storage, preparation, transportation or serving. (Ord. 3313 § 2 (part), 2014)
5-86-040 Application.
Applications for a license under this chapter shall be made during the business licensing cycle upon such forms as prescribed by the city. The application shall specify your location, approval letter from the property owner, copy of your sanitation license, certificate of liability insurance in the amount of three hundred fifty thousand dollars ($350,000.00), Employer Identification Number (EIN), and Illinois Department of Revenue Account Identification. (Ord. 3313 § 2 (part), 2014)
5-86-050 Regulations.
A. No license issued under this chapter shall permit the operation of any mobile food vendor at any place or in any manner which will disturb the peace and quiet of persons outside the licensed premises.
B. No licensee shall operate at the following intersections:
1. 147th and Halsted.
2. 147th and Wood.
3. 147th and Dixie Highway.
4. 154th and Dixie Highway.
5. 154th and Wood.
6. 159th and Halsted.
7. 159th and Wood.
8. 159th and Dixie Highway.
C. Storage and Prep. No food that is sold or served shall be prepared in a residential home.
D. Hours of Operation. All mobile food vendors can operate from dawn to dusk.
E. Proximity. There shall not be a second mobile food vendor located with a two (2) block radius, unless they are participating in a festival.
F. Fire Safety. All mobile food vendors with gasoline, diesel or electrical generators, propane or compressed natural gas, exhaust or fire suppression system are required to have an inspection conducted by the Harvey fire department with an additional fee of fifty dollars ($50.00). (Ord. 3313 § 2 (part), 2014)
5-86-060 Fees.
Every person applying for a license for a mobile food vendors license. The fee for mobile food vendors will be two hundred fifty dollars ($250.00). Every license issued under the provisions of this chapter shall expire on the thirtieth day of April. (Ord. 3316 § 2 (part), 2015; Ord. 3313 § 2 (part), 2014)
5-86-070 Responsibility for license.
The owner of such cart or vehicle is ultimately responsible for payment of the license fee and shall be accountable for ensuring the cart meets all guidelines established in this chapter. Any operator without an appropriate license shall be in violation of this chapter and may be subject to fines and violations. All city debt must be paid prior to issuance of a license. (Ord. 3313 § 2 (part), 2014)
5-86-080 Inspections.
The mobile food vendor must ensure that the cart and/or vehicle are inspected prior to operating within the city of Harvey. The city may make such inspections as may be necessary to ensure compliance with the following provisions:
A. The cart or vehicle must be sanitized and free of corrosive material, contamination, and infestation or debris.
B. The cart or vehicle must have a compartment to sanitize and clean utensils and hands.
C. All surfaces must be easily cleanable.
D. All food and materials must be packaged and kept in a clean and sanitized area. (Ord. 3313 § 2 (part), 2014)
5-86-090 Revocation.
Any license granted under the terms of this chapter may be revoked by the mayor, by notice in writing to the licensee, whenever it shall appear that the licensee has violated the provisions of this chapter. (Ord. 3313 § 2 (part), 2014)
5-86-100 Duty of inspectors.
It shall be the duty of every inspector to seize the cart or vehicle of any street/food vendor that is operating without the appropriate license, insurance, and food and sanitation license from the state of Illinois. (Ord. 3313 § 2 (part), 2014)
5-86-110 Penalty.
Any person who violates this chapter shall, upon conviction thereof, be fined not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00) for each offense. Each day that a violation continues shall be deemed to constitute a separate and distinct offense. A person violating the provisions of this code may receive a separate citation for each unlicensed terminal on the premises. (Ord. 3313 § 2 (part), 2014)