(A) General. Each mobile food service establishment that is permitted to operate in the village shall be operated in strict compliance with all applicable federal, state, and local laws, rules and regulations, ordinances, and resolutions specifically including, but not limited to, all zoning, building, health, fire and safety regulations, and all other provisions of this code. If a conflict arises between applicable regulations, the strictest regulation shall control.
(B) Definitions.
MOBILE FOOD SERVICE ESTABLISHMENT (MFSE). Any vehicle, cart or trailer, whether motorized or nonmotorized that serve, dispense, or sell food or beverages for retail purchase by consumers primarily for immediate human consumption. MOBILE FOOD SERVICE ESTABLISHMENTS shall be divided into the following categories:
(a) CLASS 1. MFSE offering only prepackaged frozen foods.
(b) CLASS 2. MFSE offering hot or cold prepackaged and factory sealed foods from temperature-controlled containers and dispensing beverages.
(c) CLASS 3. MFSE offering foods that are cooked, prepared, or assembled within the MFSE that do not meet the standards for Class 1 or Class 2. A Class 3 MFSE shall include those offering foods cooked, prepared, or assembled off-site and in accordance withing division (C)(4) below.
(C) Sanitation, inspections, and operations.
(1) All MFSEs shall be kept in a clean and sanitary condition. The village may make or cause to be made such inspections as may be necessary to ensure all MFSEs are kept in a clean and sanitary condition. The village shall be permitted to enter any MFSE at any reasonable time for the purpose of inspecting to determine whether the operator of the MFSE has complied with the terms of this section. Additionally, the operator of the MFSE shall, on request, provide the village with the records of the MFSE to obtain information pertaining to food and supplies purchased, received, or used. Denial of access to the MFSE or to said records shall be deemed an interference with the village’s operations, which the village may revoke the license issued to the MFSE for failure to comply with this section and this code.
(2) All food storage, preparation and distribution of food, and vehicle equipment must meet applicable Illinois Department of Public Health standards and requirements, as well as standards to be determined by the village.
(3) All food, beverages, ice and other materials offered to the public or used in preparation of food or beverages to be sold must be obtained from an approved commercial source.
(4) All off-site food preparation and food storage must be conducted at a properly licensed food preparation establishment or food service establishment. Food may not be prepared in a residence or other unpermitted or unlicensed facility.
(5) All waste liquids, garbage, litter and refuse generated by a MFSE or its customers shall be kept in leak-proof, non-absorbent containers which shall be kept covered with tight-fitting lids and properly disposed of at the affiliated food preparation establishment or food service establishment. No waste liquids, garbage, litter or refuse shall be dumped or drained onto sidewalks, streets, gutters, drains, trash receptacles, or any other place except the affiliated food preparation establishment or food service establishment. One refuse/garbage and one recycling receptacle shall be provided by the MFSE and easily accessible for customer use. MFSE operators shall be responsible for the removal of all litter and garbage left by customers within a 50-foot radius of the location of operation.
(6) Hours of operation. A MFSE may be open to the public only between the hours of 7:00 a.m. and 10:00 p.m., Monday through Friday, and the hours of 8:00 a.m. and 10:00 p.m., Saturday and Sunday. Daily setup of a MFSE may not occur before 6:00 a.m. and the end of the day cleanup must be completed no later than 10:30 p.m. Hours of operation beyond these specified hours for private events may be authorized only with prior written approval from the village.
(7) Noise pollution. During all hours of operation, a MFSE shall comply with the noise regulations set forth in this code.
(8) Signage furnishing and fixtures. 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 village’s zoning code, to the extent possible. In particular, exterior displays shall be designed to minimize confusion or distraction that jeopardizes vehicular and pedestrian safety. It shall be unlawful for a mobile food vehicle vendor to use or cause to be displayed while in transit or motion flashing or electronic signs or illuminated signs. It shall be unlawful for vendors of mobile food vehicles to display or utilize any signage that is not permanently affixed to a mobile food unit unless a temporary sign permit application was filed in accordance with the village’s zoning code.
(D) Location restrictions.
(1) Permitted operating areas. Any Class 2 or Class 3 MFSE may not serve, dispense, or sell food or beverages on any public street or right-of-way in the village with the exception of those areas designated for MFSE operation in the annual fee ordinance. All MFSEs will be required to comply with all parking regulations and fees in the permitted operating areas. Class 1 MFSEs may serve, dispense, or sell pre-packaged frozen foods on public streets or rights-of-way throughout the village; provided, however, that all MFSEs, regardless of classification, must comply with the minimum distance requirements set forth in division (D)(3) below.
(2) Operation in parking lots. A MFSE may not serve, dispense, or sell food or beverages in a public or private parking lot within the corporate limits of the village without having first obtained written consent to operate from both: (a) the village, and (b) the owner of the property on which the lot is located. A copy of such written consent(s) shall be maintained in the MFSE for review on request by any village employee or officer.
(3) Minimum distance from existing food service establishments. With the exception of those permitted operating areas designated in division (D)(1) or in parking lots as permitted in division (D)(2), a MFSE may not serve, dispense, or sell food or beverages in any location that is located within 500 feet of the primary entrance to a food service establishment in the village that is not a MFSE. This prohibition may be waived if the operator of the MFSE has obtained written consent of the owner of the food service establishment to operate within this minimum distance and the location is otherwise in compliance with all other requirements and restrictions provided for herein. A copy of such written consent shall be maintained in the MFSE for review on request by any village employee or officer.
(4) Minimum distance from special events. Notwithstanding any other regulation in this section, if the village issues a special event permit for any fair, carnival, circus, festival, special event, or civic event to be conducted in the village, the operation of MFSEs will be restricted from operating within 1,000 feet from the special event unless otherwise prior written authorization and operating locations are otherwise provided by the village. A copy of such written authorization shall be maintained in the MFSE for review upon request by any village employee or officer.
(Ord. 23-12, passed 9-20-23)