Loading...
(a) Mobile food vehicles shall move from place to place upon the public ways and shall not be operated at a fixed location except as otherwise provided herein.
(b) Mobile food vehicle stops shall be made only to service customers and shall not exceed (i) a total of four hours or (ii) the maximum permitted period for parking, whichever is lesser, in any one block.
(c) No mobile food vehicle shall be equipped with any electronic sound-amplifying device. Permitted advertising devices shall be limited to bells, whistles, horns or other musical or noise-making devices which do not employ any electronic sound-amplifying device. Mobile food vehicles employing musical or noise- making devices shall only sound said devices when traversing the public way and shall be prohibited from sounding said devices while standing or parked.
(c-5) No mobile food vehicle equipped with a musical or noise-making device shall sound any such device at any location between the hours of 7:00 p.m. and 9:00 a.m., or at any time within 200 feet of a hospital, nursing home or while traversing any zone of quiet established under Chapter 10-8 of the Municipal Code.
(d) Unless specifically allowed in a mobile food vehicle stand, no sales from such mobile food vehicle shall be made between the hours of 2:00 a.m. and 5:00 a.m.
(e) No operator of a mobile food vehicle shall park or stand such vehicle:
(i) within 20 feet of a crosswalk;
(ii) within 30 feet of a stop light or stop sign; or
(iii) adjacent to a protected bike lane.
(f) No operator of a mobile food vehicle shall park or stand such vehicle within 200 feet of any principal customer entrance to a restaurant which is located on the street level; provided, however, the restriction in this subsection shall not apply between 12 a.m. and 2 a.m.
Restaurant, for purposes of this section, means any public place at a fixed location kept, used, maintained, advertised and held out to the public as a place where food and drink is prepared and served for the public for consumption on or off the premises pursuant to the required licenses. Such establishments include, but are not limited to, restaurants, coffee shops, cafeterias, dining rooms, eating houses, short order cafes, luncheonettes, grills, tearooms and sandwich shops.
(g) Except as otherwise provided herein, no sale shall be made from a mobile food vehicle except from the curb side thereof, and then only when such vehicle is standing or parked in a legal parking spot.
(h) Mobile food vehicles that are being used to provide food and drink to persons engaged in construction in the City of Chicago and which are not equipped with noise-making devices are exempt from the provisions of (f) above, provided such vehicles are standing or parked in a legal parking spot.
(i) Any person who violates or resists the enforcement of subsection (c-5) of this section shall be fined as provided in section 7-38-128 of this Code for each violation. A separate and distinct offense shall be deemed to have been committed for each and every day on which any person shall be guilty of such violation; provided that, the intervening days between when a license holder whose license has been suspended applies for restoration of the license and a reinspection has been conducted by the Department of Health shall not constitute separate offenses if the violation was found to be corrected upon reinspection. A motor vehicle that is used in a second or subsequent violation of subsection (c-5) of this section shall be subject to seizure and impoundment under this subsection (i). The owner of record of such vehicle shall be liable to the City for an administrative penalty of $750.00 in addition to fees for towing and storage of the vehicle as provided in Section 9-92-080. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this subsection, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its agents. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle at the time of the alleged violation or the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under Section 2-14-132 of this Code by serving such person with a copy of the vehicle impoundment seizure report. Section 2-14-132 shall apply whenever a motor vehicle is seized and impounded pursuant to this section. A violation of any provision of this section other than subsection (c-5) shall be punishable under Section 7-38-575.
(j) Mobile food vehicles shall be operated only by the mobile food vehicle licensee or by an authorized employee of such licensee.
(k) (1) No operation of a mobile food vehicle is allowed on any private property unless all of the following requirements are met:
(i) The mobile food vendor has obtained the express written consent of the owner or lessee of such property and such written consent is kept in the mobile food vehicle at all times when the vehicle is on the property;
(ii) The mobile food vendor is in compliance with all applicable requirements of the Chicago Zoning Ordinance; and
(iii) The mobile food vendor is in compliance with subsection (b)(i) and, except for the private property that allows the operation of the mobile food vehicle, subsection (f) of this section.
(2) Notwithstanding any other provision in subsection (k)(1), no operation of a mobile food vehicle is allowed on a privately-owned: (i) vacant lot, or (ii) lot with a vacant building. For purposes of this subsection, the term "vacant building" has the meaning ascribed to the term in Chapter 14X-2 of this Code.
(l) Each mobile food vehicle shall be equipped with a permanently installed functioning Global- Positioning-System (GPS) device which sends real-time data to any service that has a publicly-accessible application programming interface (API). For purposes of enforcing this chapter, a rebuttable presumption shall be created that a mobile food vehicle is parked at places and times as shown in the data tracked from the vehicle's GPS device.
(m) An operator of a mobile food vehicle operating at the staging area, as delineated by the Commissioner of Aviation, of O'Hare International Airport shall be exempt from the requirements of paragraphs (b) and (f) above. The Commissioners of Business Affairs and Consumer Protection and Aviation shall have authority to jointly designate any other exempt location(s) on O'Hare International Airport property, provided that: (i) they conclude that such location(s) will not interfere with traffic or public safety, and (ii) they conclude that such location(s) are appropriate for mobile food vehicles based on the objective conditions and circumstances at each such location, and (iii) no such designation shall include an airport terminal. The Commissioner of Aviation is hereby authorized to assess a fee of $200.00 per year, subject to escalation at the Consumer Price Index for all Urban Consumers (CPI-U) on any operator of a mobile food vehicle at O'Hare International Airport and to adopt rules to govern the operation of such mobile food vehicles.
(Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 9-5-01, p. 66021, § 1; Amend Coun. J. 7-26-06, p. 81824, § 2; Amend Coun. J. 7-25-12, p. 31326, § 2; Amend Coun. J. 9-24-15, p. 6984, § 4; Amend Coun. J. 4-19-17, p. 46742, § 1; Amend Coun. J. 7-26-17, p. 53252, § 1; Amend Coun. J. 12-13-17, p. 63286, § 3; Amend Coun. J. 11-7-18, p. 88803, § 15; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 91; Amend Coun. J. 7-24-19, p. 3646, § 6; Amend Coun. J. 1-15-20, p. 13000, § 6; Amend Coun. J. 7-22-20, p. 18957, § 4)
(a) A mobile food vehicle stands program ("program") is hereby created as provided in this section.
(b) The following definitions shall apply for purposes of this section:
(1) "Commissioner" means the City’s Commissioner of Transportation.
(2) "Block" means both sides of the part of a street that lies between two intersecting streets, as the term "street" is defined in section 9-4-010 of this Code.
(3) "Stand" means a mobile food vehicle stand established by the Commissioner pursuant to this section.
(c) The Commissioner is authorized, subject to the approval of the City Council, to establish stands where mobile food vehicles may be operated at all times or during certain specified periods, if, after consulting with the alderman of the ward in which a proposed stand will be located and the Department of Police, the Commissioner determines that establishing such a stand: (1) will not create undue safety hazards in the use of the street by vehicular or pedestrian traffic; (2) will not impede the safe and efficient flow of traffic upon the street on which the mobile food vehicle stand is proposed; and (3) will provide benefit and convenience to the public. After engaging in the above consultations and posting appropriate signs, the Commissioner may amend the time of operation of mobile food vehicles at a mobile food stand. A minimum of 5 such stands shall be established in each community area, as such areas are designated in section 1-14-010 of this Code, that has 300 or more retail food establishments.
(d) The Commissioner shall designate mobile food vehicle stands by appropriate signs or curb markings or both. It shall be unlawful to stand or park a vehicle, other than mobile food vehicles, in violation of signs posted, in any mobile food vehicle stands that the Commissioner has designated by appropriate signs or markings; provided, however, that this provision shall not apply to a vehicle engaged in the expeditious loading or unloading of passengers when such standing does not interfere with a mobile food vehicle waiting to enter or about to enter into such a stand.
(e) Notwithstanding any other provision of this Code, in a block where a mobile food stand is established pursuant to this section, no person shall operate a mobile food vehicle from any other place on the public way in such block face except from the designated mobile food stand
(g) The Commissioner and the Commissioner of Business Affairs and Consumer Protection shall have power to adopt rules as may be necessary or useful for the proper administration and enforcement of this program, including rules pertaining to the operation of mobile food vehicles from a designated mobile food stand.
(h) The Commissioner and the Commissioner of Business Affairs and Consumer Protection shall evaluate the effectiveness of the program and may recommend changes as may be adopted by ordinance.
(i) The Commissioner of Transportation is authorized to establish a mobile food vehicle stand within the side of the block where each of the following addresses is located:
(1) 3627 North Southport Avenue;
(2) 3420 North Paulina Street, provided that the mobile food vehicle stand at this location shall not be more than 40 feet in length;
(3) 3241 North Lincoln Avenue;
(4) [Reserved.]
(5) 1005 West Wrightwood Avenue;
(6) 1030 West Fullerton Avenue;
(7) 2342 North Stockton Drive;
(8) 1262 North Milwaukee Avenue;
(9) 1218 North Milwaukee Avenue;
(10) 2135 West Division Street;
(11) 1155 North Oakley Boulevard:
(12) 1615 West Chicago Avenue;
(13) 149 North Ashland Avenue:
(14) 831 North Wells Street;
(15) 930 North LaSalle Drive;
(16) 355 West Chicago Avenue;
(17) 450 North Cityfront Plaza Drive;
(18) 729 – 829 North Larrabee Street;
(19) 30 East Lake Street;
(20) West side of North Franklin Street, from a point 30 feet north of West Washington Street, to a point 40 feet north thereof;
(21) 437 South Columbus Drive;
(22) 902 West Adams Street;
(23) 436 West Taylor Street;
(24) 1400 West Adams Street;
(25) 1851 West Jackson Boulevard;
(26) 150 West Van Buren Street;
(27) 65 East Harrison Street;
(28) 2500 North Cannon Drive;
(29) 3628 North Broadway;
(30) 1760 North Sheffield Avenue;
(31) [Reserved.]
(32) 151 North Franklin Street;
(33) 185 North Upper Columbus Drive;
(34) 105 East Monroe Street, provided that the mobile food vehicle stand at this location shall not be more than 40 feet in length;
(35) 300 South Wabash Avenue, provided that the mobile food vehicle stand at this location shall not be more than 40 feet in length;
(36) 2220 West Campbell Park Drive;
(37) 145 South Franklin Street, provided that the mobile food vehicle stand at this location shall not be more than 40 feet in length;
(38) 1002 South Paulina Street;
(39) 1030 South Hamilton Avenue; and
(40) 3601 West Bryn Mawr Avenue, provided that the mobile food vehicle stand at this location shall not be more than 40 feet in length.
(Added Coun. J. 7-25-12, p. 31326, § 2; Amend Coun. J. 11-19-14, p. 98037, § 10; Amend Coun. J. 5-18-16, p. 24550, § 1; Amend Coun. J. 10-5-16, p. 33854, § 1; Amend Coun. J. 3-29-17, p. 44809, § 1; Amend Coun. J. 4-19-17, p. 47381, § 1; Amend Coun. J. 11-8-17, p. 59339, § 1; Amend Coun. J. 11-8-17, p. 59341, § 1; Amend Coun. J. 12-13-17, p. 63286, § 3; Amend Coun. J. 12-18-19, p. 12023, § 1; Amend Coun. J. 12-18-19, p. 12024, § 1; Amend Coun. J. 4-24-20, p. 15501, § 1; Amend Coun. J. 9-14-21, p. 35728, § 1; Amend Coun. J. 11-17-21, p. 41330, § 1; Amend Coun. J. 6-12-24, p. 13334, § 1)
Loading...