(A) Definitions:
FOOD TRUCK: A self-contained food service operation, located in a readily movable, motorized wheeled or towed vehicle, used to store, prepare, display, or serve food. A food truck also includes food carts that are non-motorized, pushcarts, stands, or tents for the sale of food and beverage. A food truck shall not include:
1. A vehicle intended purely for the delivery of food to a restaurant or business for purposes of resale ( e.g. food distributor);
2. A vehicle operating as a delivery vehicle for food and/or beverage prepared at a permanent location (e.g. pizza delivery) or delivering food or beverages to regular customers on established routes (e.g. milk delivery);
3. An ice cream truck, as defined below;
4. A lemonade stand as defined by 410 ILCS 625/3.9; or
5. A pushcart, stand, or tent operated by a restaurant or bar, on the premises of the restaurant or bar, as part of its business operations.
ICE CREAM TRUCK: A motor vehicle or trailer in which primarily ice cream, popsicles, ice sherbets, or similar frozen desserts are carried for purposes of retail sale from the motor vehicle on public roadways in the City of Canton.
PUSHCART: A nonself-propelled vehicles selling and/or serving food or beverage products for use or consumption of the purchaser and not for resale.
(C) License Application: Prior to the issuance of a Food Truck License, all persons or entities seeking such license shall complete an application, on a form approved by the City Clerk. For purposes of this Section 3-2-11, the following information, at a minimum, must be included on or with an application for a Food Truck License:
1. Applicant's Name.
2. Applicant's Business Address (P.O. Box is not sufficient).
3. Applicant's Residential Address, and if the applicant is a corporation or other business entity, then the residential addresses of its partners, officers, or members.
4. The location(s) that the Applicant intends to operate the Food Truck.
5. The nature of the business which the applicant intends to conduct.
6. Proof, satisfactory to the City, of the Fulton County Health Department's approval of the Applicant's operation of the Food Truck.
7. The Applicant's Illinois business tax (IBT) number.
8. Proof of the Applicant's general liability insurance policy with the City of Canton added as an additionally insured party and minimum limits of one million dollars ($1,000,000.00) individually and in the aggregate. This must be provided prior to the issuance of the license, if not available at the time of application.
9. The location(s), date(s), and time(s) the Applicant will operate.
10. If the Applicant intends to operate on private property, written proof, satisfactory to the City, of the private property owner's permission to operate the Food Truck on its premises.
11. A sworn statement that the Applicant has reviewed and understands the ordinances applicable to Food Trucks and that the Applicant will comply with all applicable federal, state, and local laws, rules, regulations, and/or ordinances regarding the operation and use of the Food Truck within the City of Canton.
Applicants and applications meeting the requirements of this Section 3-2-11 shall be submitted to the City Clerk's Office for consideration, and upon acceptance of the application by the City Clerk and payment of an annual fee of two hundred fifty dollars ($250.00), a Food Truck License will be issued to the Applicant for a period of one (1) year. Alternatively, a Food Truck License may be issued on a daily basis for up to ten (10) days per calendar year for twenty-five dollars ($25.00) per day. In the event of an application for a Food Truck License on a daily basis, the application must specifically set forth the days the Food Truck will operate. Refunds shall not be issued solely due to weather conditions on the days selected by the Applicant. Food Truck Licenses may be limited to the locations, dates, and times requested or otherwise set forth by the City of Canton on the Food Truck License. Each Food Truck License shall be valid for only one (1) Food Truck, and a separate application and fee must be submitted for each Food Truck.
(D) Special Events: Persons or entities are not required to obtain a Food Truck License for purposes of a special event, festival, farmer's market, or other event approved by the City of Canton in which food or beverage will be sold or served.
(E) Food Truck Requirements: In addition to paying the annual fee and obtaining a Food Truck License, all persons or entities operating a Food Truck shall:
1. Prominently display the Food Truck License so that it can be easily viewed by any customers of the Food Truck;
2. Comply with all other City of Canton ordinances, rules, and regulations;
3. Comply with all federal, state, and local laws, rules, ordinances, and regulations applicable to the service and/or sale of food and/or beverages, including but not limited to rules and regulations set forth by the Illinois Department of Public Health or Fulton County Health Department;
4. Not sell any alcoholic beverages without a valid liquor license and express permission by the City of Canton, State of Illinois, Illinois Liquor Control Commission, and/or other applicable governing body or agency;
5. Have a valid license and registration for any vehicle or trailer, as applicable;
6. Not operate during the hours of twelve o’clock (12:00) a.m. and seven o’clock (7:00) a.m. on Monday through Friday or between the hours of one thirty (1:30) a.m. and seven o'clock (7:00) a.m. on Saturday or Sunday;
7. Not block, obstruct, or interfere with vehicular, bicycle, or pedestrian flow or traffic;
8. Not use or maintain any sound amplifying equipment or noisemaking apparatus that disrupts other businesses, exceeds seventy-five (75) decibels as measured from ten feet away, or unreasonably interferes with resident's quiet enjoyment of their residence;
9. Not operate within five hundred (500) feet of a special event, farmer's market, or festival authorized by the City of Canton, if the Food Truck is not part of the event or does not have permission to operate within the area of the special event, farmer's market, or festival;
10. Maintain the Food Truck in a sanitary and good mechanical and/or structural condition, as applicable;
11. Provide trash receptacles sufficient to collect trash generated by their operation and shall collect and remove all trash generated by said operation prior to leaving the location;
12. Not dispose of any fats, oil, or grease on any public property or in the City's sewer system;
13. Only permit sales from the curbside of a vehicle when parked on a City street that is otherwise a permitted area for the Food Truck to operate;
14. Collect and remit all necessary taxes associated with the sale of food and/or beverages, in accordance with federal, state, and local laws, ordinances, rules, and regulations;
15. Maintain working, up-to-date fire extinguishers in all cooking areas.
(F) Permitted Areas: Food Trucks shall not operate in any area within the City of Canton except as expressly enumerated below:
1. Areas authorized by the City of Canton for a special event, farmer's market, or festival.
2. Areas that have zoning regulations which would otherwise permit for the operation of food trucks or food and/or beverage sales, subject to being an otherwise permissible public or private property as set forth below.
3. Public property under the ownership or control of the City of Canton, but only as designated by the Mayor or the Director of Commercial Planning & Zoning with the approval of the Mayor, as an approved "Food Truck Zone." Other public properties under the control of other public entities located within the corporate boundaries of the City of Canton, such as the school district or park district, shall also be permitted, provided they are operating by approval of the other public entity and in an approved Food Truck Zone as designated by the Mayor or the Director of Commercial Planning & Zoning with the approval of the Mayor. The City Clerk's Office will maintain a list of approved Food Truck Zones and the dates/times said Food Trucks may operate within said Food Truck Zone.
4. Private properties with the written permission of the owner, provided, however, that no Food Trucks shall be permitted North of Hickory Steet and South of Myrtle Street, between A venue B and Sixth A venue, unless operating within an Area otherwise authorized by the City of Canton for a special event, farmer's market, or festival or if designated by the Mayor or the Director of Commercial Planning & Zoning with the approval of the Mayor as a Food Truck Zone. The City Clerk's Office will maintain a list of said approved Food Truck Zones and the dates/times said Food Trucks may operate within said Food Truck Zone.
(G) Peripheral Setup to Food Truck: No tents, tables, or chairs shall be placed outside the Food Truck without the express permission of the City of Canton. Signage shall be limited to the Food Truck and/or a free-standing sandwich board. Connection to city water and sewer is prohibited unless proper approval by the City of Canton is obtained. Trash receptacles must be visible to patrons of the Food Truck and must be removed before the Food Truck departs.
(H) License Revocation or Denial: The Mayor or the City Council may deny an application for a Food Truck License or, in addition to the other penalties set forth in this Chapter, revoke a Food Truck License without a refund of any fees if:
1. The applicant has failed to comply with this Chapter or any other ordinances of the City of Canton or is found in violation of this Chapter or any other ordinances of the City of Canton;
2. The applicant has any outstanding debt owed to the City of Canton;
3. The applicant made a false material statement on the application for a Food Truck License; or
4. The applicant failed to comply with the terms or conditions of any Food Truck License issued pursuant to this Chapter.
(I) Exemptions: The following organizations or entities are exempt from the Food Truck licensing and fee requirements of this Section 3-2-11:
1. Youth Organizations: Members of the Girl Scouts, the Boy Scouts, and other such youth organizations which are sponsored by the elementary and secondary schools in this City who sell merchandise on behalf of such organizations.
2. Nonprofit Organizations: Food or beverage sales conducted or sponsored by governmental, civic, patriotic, fraternal, educational, religious, or benevolent organizations which have been in active and continuous existence for at least one year prior to the holding of the sale, or which are incorporated as a not-for-profit corporation by the State of Illinois, unless done for the financial gain of the individual, corporation, or other business entity so engaged in such activity.
3. Concessions: Sales incidental to sporting events, concerts, or performances of plays, circuses, or similar presentations where said sales are conducted by the person producing the event. (Ord. 4296, 8-2-2022)