Chapter 5.126
MOBILE FOOD VENDORS
Sections:
5.126.070 Issuance of license.
5.126.080 Unlawful acts designated.
5.126.150 Bond requirements for cleanup.
5.126.180 Appeal of denial, suspension, or recommendation of revocation of license.
5.126.010 License required.
It is unlawful for any person, firm, or corporation to engage in the business of mobile food vendor without first signing an application for and securing a license as is required in this chapter. It is further required that every person so engaged in the business of mobile food vendor shall wear in a conspicuous place on his or her person a photo I.D. badge that can be readily seen by other persons at all times while conducting mobile food vendor business. No license shall be issued to any person, firm, or corporation who does not fully comply with the provisions of this chapter. (Ord. 2014-15 § 3, 2014)
5.126.020 Definitions.
A. “Mobile food vending vehicle” means a vehicle from which the retail sale of food or beverage for human consumption is conducted. The food sold may include previously prepared food that is enclosed or wrapped for sale in individual portions or food that is prepared on and served from the vehicle.
B. “Vehicle” means every motor vehicle which is mechanically propelled and designed to transport one or more persons.
C. “Vending” means the act of selling, or offering to sell, any food or beverage for human consumption from a food or beverage vending vehicle.
D. “Vendor” means any person who physically operates a food or beverage vending vehicle or any person who physically conducts vending from such a vehicle.
E. “Sound amplifying equipment” means any machine or device for the amplification of the human voice, music, or any other sound. “Sound amplifying equipment,” as used herein, shall not be construed as including standard automobile radios or tape players when used and heard only by occupants of the vehicle in which installed or horns or other warning devices on other vehicles used only for traffic safety purposes.
F. “Employee” means all persons working in the mobile food vending vehicle including the proprietor or manager.
G. “Person” means any individual, group of individuals, firm, partnership, company, corporation, trustee, association, or any public or private entity.
H. “Potentially hazardous food” means food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean or other ingredients, including synthetic ingredients, and which is in a form capable of supporting rapid and progressive growth of toxigenic microorganisms. The term does not include: foods that have a pH level of 4.6 or below or a water activity value of 0.85 or less under standard conditions; or food products in hermetically sealed containers processed to prevent spoilage. (Ord. 2014-15 § 3, 2014)
5.126.030 Application.
A. Application for a license as required in this chapter shall be made in writing and shall set forth the following information about the applicant and all employees who will be employed to work in/operate the mobile food vehicle:
1. Name;
2. The address of present place of residence and length of residence at such address;
3. Social security number;
4. Address of place(s) of residence during the past three years, if other than present address;
5. Age and marital status, and if married, name of spouse;
6. Physical description of individual;
7. Dates of employment by mobile food vendor;
8. Name and address of employer(s) during the past three years, if other than present employer.
B. The application will also set forth:
1. The name and address of the business that employs or represents the applicant and said employees;
2. The applicant’s Illinois Retailers’ Occupation Tax number;
3. The license number, make and model of the food vendor vehicle to be used by the applicant;
4. The name and address of the person who owns the food vendor vehicle;
5. The name and address of the person having direct charge of the food vendor vehicle;
6. An indication as to the section or sections of the village in which the food vendor vehicle will be used;
7. The proposed hours of operation of the food vendor vehicle;
8. The number of days per week of proposed operation of the food vendor vehicle;
9. A general description of the sound amplifying equipment, if any, which is to be used, including the maximum sound production power of the equipment in watts;
10. The name and address of the place where the vehicle will be cleaned, serviced, and stored;
11. A proposed description/menu of the food and beverage items that the vendor intends to sell;
12. The date, or approximate date, of the latest previous application for a license under this chapter;
13. Has a license issued to the applicant or his employees under this chapter or Chapter 5.106 RMC ever been revoked;
14. Has the applicant or his employees ever been convicted of a violation of any of the provisions of this chapter or an ordinance of this or any other Illinois municipality regulating soliciting;
15. Has the applicant or his employees ever been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States;
16. And such other information as may be required by the president and board of trustees.
C. The applicant shall file the application with the village clerk.
D. Along with the application, an applicant shall supply to the village clerk pictures of the inside and outside of the mobile food vendor vehicle so that the fitness and suitability of such vehicle for its intended use can be determined. The applicant shall also provide proof of insurance as specified in the application.
E. No mobile food vendor license shall be issued unless the health inspector has inspected and approved the applicant’s mobile food vendor vehicle for compliance with this code. If an applicant’s mobile food vendor vehicle passes the health inspection, the health inspector shall so state in the designated area on the application form. An applicant shall pay one hundred dollars for one health inspection and an additional one hundred dollars for each subsequent reinspection that may be required before the mobile food vendor vehicle is found to be compliant for purposes of issuing a mobile food vendor license.
F. An applicant must apply for and obtain a separate mobile food vendor license for each mobile food vendor vehicle used by the applicant in the conduct of his or her business. (Ord. 2014-15 § 3, 2014)
5.126.040 Fingerprinting.
The village clerk shall require every applicant to submit to fingerprinting by the police department in connection with the application for the license. The applicant, at the time of making application, in addition to any other fees, shall pay a fee equal to the amount currently charged to the village by the state of Illinois for checking prints against state files. (Ord. 2014-15 § 3, 2014)
5.126.050 Fee.
The license fee of twenty-five dollars per vehicle shall be paid by every person securing a mobile food vendor license. Such fee shall be deposited with the village clerk at the time of filing of the application, and if a license is issued, it shall be paid over to the village treasurer. If the license is denied, the deposit shall be returned to the person requesting the license. (Ord. 2014-15 § 3, 2014)
5.126.060 Badges.
The village clerk shall have designed, and shall procure on behalf of the village, sufficient badges of a uniform type to supply the needs of those to whom licenses are issued under this chapter. An official mobile food vendor badge shall be issued to each person licensed under this chapter upon such licensee depositing with the village clerk the sum of five dollars, which shall be refunded to the licensee upon the return of the badge to the village clerk. Such badge shall remain the property of the village at all times and shall be returned to the village clerk upon the expiration or revocation of such license. (Ord. 2014-15 § 3, 2014)
5.126.070 Issuance of license.
A. Any license issued under this chapter shall be effective for the period commencing the day after its issuance until and including the thirtieth day following the date of such issuance unless revoked pursuant to the provisions hereof. Upon the filing of an application for a license, together with the deposit required in this chapter, with the village clerk, the clerk shall examine such application and if it shows compliance with the ordinances, she shall submit the same to the president and board of trustees with her opinion as to whether or not such license should be granted. If the president and board of trustees concur, then a license shall be issued. Each such license shall be signed by the president and countersigned and sealed by the clerk, and shall recite that no one shall engage in any mobile food vending under this chapter without wearing the official mobile food vendor badge as required.
B. If any information furnished by the license holder on the application changes prior to the expiration of the license period, the license holder shall amend the application within forty-eight hours after such a change occurs. The clerk shall re-examine the application according to the issuing criteria, and the chief of police shall conduct a background check on any new individuals listed on the application. If the new individuals pass the background check and the application continues to show compliance with the village ordinances, then the license shall remain valid for the remainder of the license period. If an individual fails to pass the background check and/or the application does not show compliance with the village ordinances, then the president shall revoke the license for the remainder of the license period; an applicant may reapply for a license for the next license period.
C. No license shall be issued:
1. To any person who is a convicted sex offender or sexual predator; who has been convicted of burglary, larceny, rape, or other infamous crime; or who has been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law within five years of the date of the application, except that the five-year limit does not apply to a person who has been convicted of sex offender or sexual predator offenses;
2. To any person who has been convicted of a violation of any of the provisions of this chapter;
3. If the aforementioned convictions apply to any of an applicant business’s officers, substantial owners, employees or other individuals required to be identified in the license application pursuant to RMC 5.126.030;
4. To a person who has had a license revoked for violations of the provisions of this chapter during the same year for which a new license is requested, with the exception of subsection B of this section; or who has failed to provide all necessary information required during the application process; or who has provided false information; or who is not in compliance with any provision of this code, state or federal laws, rules or regulations; or who has a history of violating local ordinances, state or federal laws, rules or regulations; or who has outstanding fines, fees, or monies due the village and has failed to pay them;
5. If the public health, welfare, or safety would be adversely affected by granting the application.
D. If any person has filed an application and been granted a license during the fiscal year, he shall file a new application for a new license and fee for each additional thirty-day period. (Ord. 2014-15 § 3, 2014)
5.126.080 Unlawful acts designated.
A. It is unlawful for any person licensed under this chapter to make a nuisance of himself during the course of conducting business.
B. It is unlawful for any person conducting business as a mobile food vendor to enter private property without the express permission of the private property owner.
C. It is unlawful for any person licensed under this chapter to resort to any fraud, cheating, or misrepresentation in connection with such mobile food vendor business; or to solicit the sale of anything not specified in his application for a license; or to violate any laws of the federal, state, or village governments.
D. It is unlawful for any person who is afflicted with or who is the carrier of any infections or contagious disease to conduct business as a mobile food vendor.
E. It is unlawful for a license holder to transfer any mobile food vendor license to another person or to another business. (Ord. 2014-15 § 3, 2014)
5.126.090 Revocation.
The president shall and is authorized to revoke any license under this chapter for a willful violation of any of the provisions of this chapter, or the making of a false material statement in the application, by any person, firm, or corporation to whom the same shall have been issued. The president shall also revoke any license under this chapter if the applicant or the business is not in compliance with any provision of this code, state or federal laws, rules or regulations, or has a history of violating the same; the public health, welfare, or safety would be adversely affected by the continuation of the license; the license was issued in error; or the applicant has outstanding fines, fees, or monies due the village and has failed to pay them. Such revocation shall be in addition to any fine imposed under this chapter. Immediately upon such revocation, written notice thereof shall be given by the village clerk to the holder of the license by certified U.S. mail, return receipt requested, addressed to his or her residence address and business address as set forth in the application. Immediately upon the giving of such notice the license shall become null and void. (Ord. 2014-15 § 3, 2014)
5.126.100 Record-keeping.
The village clerk shall cause to be kept in her office an accurate record of every application received and acted upon, together with all other information and data pertaining thereto, and all licenses issued under the provisions of this chapter and of the denial of applications. Applications for licenses shall be numbered in consecutive order as filed, and every license issued and any renewal thereof shall be identified with the duplicate number of the application upon which it was issued. (Ord. 2014-15 § 3, 2014)
5.126.110 Regulations.
A. Hours for mobile food vending shall be limited to the period from ten a.m. to sunset on any day.
B. All mobile food vendor vehicles shall be kept in a clean and sanitary condition and shall be thoroughly cleaned each day they are so used. It is unlawful to permit stale food, decaying matter, or any other waste material or product to accumulate in or on any such vehicle while it is so used.
C. If unwrapped foodstuffs are transported in any mobile food vendor vehicle, such goods shall be carried in a portion or compartment of the vehicle which is screened and protected against dust and insects.
D. All mobile food vending vehicles shall have a litter or trash container, visible and available to customers of the vending vehicle. In addition thereto, each mobile food vendor and his or her employees shall clean up any debris or litter which may occur as a result of the vendor’s business prior to leaving any given area of sale.
E. If a mobile food vending vehicle serves potentially hazardous food, it shall have equipment that will keep all such foods on the vehicle at a temperature below forty-one degrees Fahrenheit.
F. If a mobile food vending vehicle serves hot potentially hazardous foods, it shall have equipment that will keep all such foods on the vehicle at a temperature of one hundred forty degrees Fahrenheit or above.
G. The hours and number of days of operation of the mobile food vending vehicle must coincide with the hours and number of days that the license holder provided in the license application.
H. Sound produced by sound amplifying equipment shall not be emitted from mobile food vending vehicles within one hundred yards of hospitals at any time, or within one hundred yards of schools, places of worship, or courthouses during their normal hours of session.
I. The quality of sound produced by sound amplifying equipment shall be controlled so that it is not unreasonably loud or a common nuisance to persons within the area of audibility.
J. The sound level from sound amplifying equipment shall not exceed a measurement equal or equivalent to sixty-five decibels “A” scale (sixty-five dBA) as registered at a distance of fifty feet.
K. No mobile food vending business shall be carried on in any manner that will create a public or private nuisance, or otherwise threaten the public health, safety, morale, or welfare. (Ord. 2014-15 § 3, 2014)
5.126.120 Inspections.
A. It shall be the duty of the village president or his or her designee to make or cause to be made such inspections as may be necessary to insure compliance with the provisions of this chapter. The license holder or person in charge of the mobile food vendor vehicle shall permit, at a reasonable time, any officer or employee of the village who is authorized or directed to make such inspections to have access to such vehicle and its equipment and to observe the business’s methods of operation for the purpose of making said inspections.
B. Whenever an analysis of any commodity or material is reasonably necessary to secure conformance with any provision of this code or to detect violations thereof, it shall be the duty of the license holder, upon request, to give any authorized officer or employee of the village requesting the same sufficient samples of such material or commodity for such analysis.
C. In addition to any other penalty which may be provided, the village president may revoke the mobile food vendor license of any such license holder if he or the person in charge of the mobile food vendor vehicle refuses to permit any such officer or employee to make such inspections or take such samples of the material or commodity, or interferes with such officer or employee while in the performance of his duty in making such inspections; provided, however, that no license shall be revoked for such cause unless written demand is made upon the license holder or the person in charge of the mobile food vendor vehicle, in the name of the village, stating that such inspection or sample is desired at the time it is sought to make the inspection or to obtain the sample. (Ord. 2014-15 § 3, 2014)
5.126.130 Display of license.
All mobile food vendors shall keep a copy of the license in the mobile food vending vehicle at all times and shall display it in a conspicuous place. Any person operating the mobile food vending vehicle shall promptly show the license to any police officer or other authorized official of the village upon request. No license shall be permitted to remain displayed after the license period has expired. (Ord. 2014-15 § 3, 2014)
5.126.140 Penalties.
A. Any person violating the provisions of this chapter shall be fined not less than one hundred dollars nor more than five hundred dollars for each offense. A separate offense shall be deemed committed for each day that a violation continues.
B. The president or his or her designee may seek to enjoin violations of this chapter. (Ord. 2014-15 § 3, 2014)
5.126.150 Bond requirements for cleanup.
Because the business of mobile food vending may cause the accumulation of litter, debris, or other undesirable accumulation of material on the area surrounding the mobile food vendor vehicle, the village clerk may, in addition to the other requirements of this chapter, require the license holder to post of a bond in an amount of not less than one hundred dollars nor more than five hundred dollars, sufficient to guarantee the cleanup and restoration of the site following the conclusion of mobile food vending activities. Such bond shall be approved by and filed with the village clerk. (Ord. 2014-15 § 3, 2014)
5.126.160 Rebate of fee.
A. In no event shall any rebate or refund be made of any license fee or part thereof by reason of the death of the licensee or by reason of nonuse of such license, or by reason of a change in the location of the business, occupation, or activity of such licensee; provided, however, that the provisions of this section shall not be construed to prevent the village president from authorizing a refund of a license fee or a portion thereof, where the license fee was collected through an error.
B. Whenever a license fee is rebated, in whole or in part for any reason, the village shall retain a maximum sum of fifteen dollars to reimburse the village for the costs of the background investigations and other inquiries, if any, that were undertaken prior to the issuance of the original license. (Ord. 2014-15 § 3, 2014)
5.126.170 Loss of license.
If a mobile food vendor license holder who has been furnished a license in accordance with the provisions of this chapter shall lose the same, other than through revocation, it shall be within the discretion of the village clerk to authorize the issuance of a duplicate license, upon the making of an affidavit of loss by such license holder and the payment of a fee of one dollar to the village clerk. (Ord. 2014-15 § 3, 2014)
5.126.180 Appeal of denial, suspension, or recommendation of revocation of license.
All appeals shall be made in the manner as set forth in RMC 5.02.150. (Ord. 2014-15 § 3, 2014)