Chapter 116 MOBILE FOOD VEHICLES

CHAPTER 116:
MOBILE FOOD VEHICLES

Section

116.04 Revocation and suspension of license

116.01 DEFINITIONS.

(A) MOBILE FOOD VEHICLE is a self-contained motorized vehicle or trailer from which cooked foods or foods prepared within said vehicle or trailer are sold for immediate consumption and conducts all or part of its operations on premises other than its own and is readily movable, without disassembling, for transport to another location. MOBILE FOOD VEHICLES do not include street and sidewalk vendors or sellers of prepackaged, premanufactured food items.

(B) DOWNTOWN BUSINESS DISTRICT, for purposes of this chapter, shall mean the following described locations:

The east side of North Main Street between East Washington Avenue and East Lincoln Avenue; and

The south side of the west half of East Washington Avenue and the north side of the west half of East Lincoln Avenue between North Main Street and North Maple Street.

(Ord. 2016-2, passed 3-29-16)

116.02 LICENSE REQUIRED; APPLICATION.

(A) It shall be unlawful for any person to operate a mobile food vehicle from the public right-of-way within the city, as defined in this chapter, without first having obtained a license for that purpose. This licensing requirement does not apply to a person operating at a festival, farmers’ market, or other event permitted by the city when the operator has the permission of the organizer of the event to be present at the event.

(B) Any person desiring to operate a mobile food vehicle shall make a written application for such license to the City Administrator. The application for such license shall be on forms provided by the City Administrator and shall include the following:

(1) The name of the individual applying for the license;

(2) The applicant’s telephone number and driver’s license number;

(3) The address of the principal place of business of the applicant;

(4) If the applicant is employed by another person or entity, the name of that employer, its address and telephone number;

(5) The type of food to be sold or offered for sale. This must include a preliminary menu;

(6) A description of the vehicle to be used in conducting business including, but not limited to, a description of any method to display food or products to be offered for sale;

(7) Whether the applicant has ever been convicted of a criminal offense or ordinance violation (other than traffic or parking) in any jurisdiction and, if so, a list of such convictions with date and prosecuting jurisdiction;

(8) License plate number and registration of the vehicle proposed to be licensed;

(9) A signed statement that the vendor shall hold harmless the city and its officers and employees, and shall indemnify the city, its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the license. Applicant shall furnish and maintain such public liability, food products liability, and property damage insurance as will protect applicant, property owners, and the city from all claims for damage to property or bodily injury, including death, which may arise from the operations under the license or in connection therewith. Such insurance shall provide coverage of not less than $1,000,000 per occurrence. The policy shall further provide that it may not be canceled except upon 30 days’ written notice served upon the City Administrator. A license issued pursuant to the provisions of this section shall be invalid at any time the insurance required herein is not maintained and evidence of continuing coverage is not filed with the City Administrator.

Applicant shall notify the City Administrator within 30 days of any change to application information.

(C) License fees. To operate within the Downtown Business District, all applicants licensed under this chapter shall pay an annual license fee of $50 per year, from January 1 through December 31.

(D) Restriction on number of licenses issued for operation in the Downtown Business District. The city may issue not more than five mobile food vehicle licenses for operation within the Downtown Business District each year. Applicants satisfying the requirements of this chapter shall be licensed on a first-come, first-served basis.

(E) Form and conditions of license. In addition to naming the applicant, the approved operating location(s) and other information deemed appropriate by the City Administrator, the mobile food vehicle license shall contain the following conditions:

(1) Each mobile food vehicle license shall expire on December 31 of each year;

(2) Each mobile food vehicle license shall set forth the days of each week the applicant may operate. The number of days shall be not more than three days per week and shall be the same days each week for the duration of the license;

(3) The license shall not be transferable from person to person or from place to place without the approval of the City Administrator;

(4) The approved operational location may be changed, either temporarily or permanently, by written notice from the applicant and consent of the City Administrator;

(5) The license is valid for one mobile food vehicle only; and

(6) There shall be issued to each applicant a suitable license that shall be permanently affixed to the vehicle, in a prominent location.

(F) The applicant shall file with the city, along with its application, a bond issued by an insurance company authorized to do business in Illinois in the penal sum of $1,000 with the city named as obligee, conditioned on the faithful performance of the provisions of this chapter.

(G) The applicant shall file with the city, along with the application, proof of general liability insurance in the amount of $300,000 per person, $500,000 per occurrence, and $15,000 for property damage, naming the city as co-insured.

(Ord. 2016-2, passed 3-29-16)

116.03 LICENSE APPLICATION REVIEW.

(A) Upon receipt of an application for a license, the City Administrator shall cause a copy thereof to be sent to the City Police Department, which shall report back to the City Administrator within seven days concerning whether the application is in accordance with the applicable city ordinances and whether the location(s) requested are appropriate.

(B) Upon receipt of the report from the City Police Department referred to in division (A) of this section, the City Administrator shall issue the license required under this division unless:

(1) The applicant is under 18 years of age;

(2) The applicant has been convicted within the last five years of any offense related to theft, burglary, fraud, controlled substances, criminal sexual assault or criminal sexual abuse, or any offense involving violence against another person;

(3) The applicant or the applicant’s employer has had a license issued pursuant to this chapter revoked for cause; or

(4) The location(s) requested by applicant is/are not proper for a mobile food vehicle.

(C) The city reserves the right to reject or revoke the application for license of any mobile food vehicle with an appearance or aesthetic quality which, in the opinion of the City Administrator, would negatively impact the city.

(Ord. 2016-2, passed 3-29-16)

116.04 REVOCATION AND SUSPENSION OF LICENSE.

(A) Any license issued under this division may be revoked or suspended for a period not to exceed 30 days by the City Administrator if the City Administrator shall find after a hearing:

(1) That the applicant has violated any of the provisions of this chapter, the laws of the state, or the ordinances of the city while engaged in the business of a mobile food vehicle vendor;

(2) That the applicant has been convicted of any offense set forth in § 116.03(B) or been found to have violated any provision of § 116.05;

(3) That the applicant has knowingly furnished false or misleading information or withheld relevant information on any application for a license or in an investigation into any such license.

(B) Prior to holding a hearing concerning the question of whether a license issued pursuant to this division shall be revoked or suspended, the City Administrator shall give at least ten days’ written notice to the applicant setting forth the alleged violations specifically. The applicant may present evidence at such hearing and cross-examine witnesses.

(Ord. 2016-2, passed 3-29-16)

116.05 RESTRICTIONS.

(A) Hours of operation for mobile food vehicles shall be limited to the hours between 7:00 a.m. and 7:00 p.m. No approved mobile food vehicle shall be left unattended on a public way. When parked in the right-of-way, a mobile food truck must be open for business, actively preparing for opening or actively closing down.

(B) No mobile food vehicle vendor shall use or maintain any outside sound amplifying equipment, lights, or noisemakers, such as bells, horns or whistles.

(C) No mobile food vehicle shall use external signs, bollards, seating, or any other equipment not contained within the vehicle while operating on public property or within the right-of-way unless specifically authorized by the City Administrator.

(D) The mobile food vehicle shall not have a drive-through.

(E) Applicant shall obey any lawful order of a police officer to move to a different permitted location to avoid congestion or obstruction of a public way or remove the vehicle entirely from the public way if necessary to avoid such congestion or obstruction.

(F) The mobile food vehicle must prominently display the name of the business owner.

(G) Any power required for the mobile food vehicle located on a public way shall be self-contained and shall not use utilities drawn from the public right-of-way. No power cable or equipment shall be extended at grade across any city street, alley or sidewalk unless specifically authorized by the City Administrator.

(H) All identifying information, logos, advertising, decorations, or other displays on the exterior of a mobile food vehicle shall conform to the purposes set forth in the city’s code regulating commercial signage, to the extent applicable. In particular, exterior displays shall be designed to minimize confusion or distraction that jeopardizes vehicular and pedestrian safety and shall be harmonious with the surroundings and consistent with the character of the community in which the mobile food vehicle operates.

(I) Applicant shall have available for public use its own trash or refuse receptacle and recycling container which is available for its patrons’ use.

(J) No applicant shall leave its location without first picking up, removing and disposing of all trash or refuse from the sales made by the applicant. The applicant must clean from surfaces any stains caused by the mobile food vehicle or its patrons prior to leaving the location.

(K) No applicant shall solicit or conduct business with persons in motor vehicles.

(L) No applicant shall sell food or beverages without first obtaining a license to do so from the Fulton County Health Department.

(M) Each applicant shall utilize a cash register which is capable of keeping a record of all sales. All sales shall be run through the cash register and receipts shall be available to customers upon request. A cash register record and/or numbered receipts shall be made available to the City Administrator at the request of the City Administrator.

(N) Mobile food vehicles shall be kept in good operating condition. No peeling paint or rust shall be visible.

(O) For mobile food vehicles vending from the public right-of-way, all food storage, preparation and sale must be performed from within the vehicle.

(P) All mobile food vehicles must adhere to Fire Department guidelines, including but not limited to an annual inspection, random inspections, and participation in periodic classroom training.

(Q) No property interest is created by approving operation in any right-of-way or public property location.

(Ord. 2016-2, passed 3-29-16)