Temporary and seasonal sales of food and beverages for immediate consumption shall be allowed pursuant to the following provisions:
A. License Required: It shall be unlawful to sell or offer for sale, any candy, ice cream, confection, or any food or beverage for human consumption from any motor vehicle or other vehicle of any kind, including but not limited to a cart, wagon, or trailer within the Village without a temporary food vendor's license.
B. Criteria For Issuance Of A License: Application for a seasonal temporary food vendor's license shall be made to the Village Clerk and shall be accompanied by written consent of the landowner, if applicable. The Village Clerk shall issue a license based on the following criteria:
1. Successful completion of a background investigation approved by the Chief of Police shall be required of all food vendors and vehicle operators. The background investigation may be required periodically but not less than annually, to determine the character and reputation of the applicant(s). No license shall be issued to any applicant who is not found to be a person, corporation, partnership or association of good character and reputation. The Chief of Police shall certify to the Village Clerk the issuance or denial of a license under the provisions of this section within thirty (30) days of the application.
2. Whether the location can reasonably accommodate the proposed sales without undue traffic, noise and other disturbances to nearby locations.
3. Whether the proposed food sales is likely to be conducted in a manner which will preserve the public health, safety and welfare.
C. License Denial: In the event an applicant for such license is aggrieved by denial of a license application or a member of the Board of Trustees and President is aggrieved by approval of a license application, then the aggrieved party may appeal the granting or denial of the license by notice to the Village Clerk within seven (7) days after the action complained of. The President and Board of Trustees shall reconsider the action complained of and render a decision promptly and said decision shall be final. Should the application be denied because the applicant, upon investigation, is not found to be a person of good moral character and reputation, as based on answers given on the license application, or as determined through the background investigation, the license fee shall be deemed to have covered the cost of the investigation and shall not be returned to the applicant.
D. Location:
1. No license shall be issued for seasonal temporary food sales unless the property from which the sales are to occur is at least three hundred seventy five feet (375') from the property on which a restaurant or tavern is located.
2. It shall be unlawful for any person, firm, or corporation to sell, offer to sell, barter or exchange ice cream or other food products from vehicles on any public street, alley, highway or public way within five hundred feet (500') of a school between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. on a day when school is in session. However, this section shall not preclude the delivery of any items previously ordered where the purchaser has requested the seller in writing to deliver such merchandise. For the purpose of this section, school property shall be measured from the property line of any lands owned by a public school district or a private or parochial school authorized to provide education by the State.
3. No license issued hereunder shall entitle or authorize the licensee named to carry on, engage in or conduct the business of a vendor in any place or places other than that described and set out in such license, and a separate license shall be required for each place at which such business is intended to be carried on. No license shall be issued for a premises unless it is located in the D, B-2, B-3, B-4, B-5 or A-1 Zoning District.
E. Sanitation: All such vehicles shall be kept in a clean and sanitary condition, and be thoroughly cleaned each day they are so used. It shall be unlawful to permit stale food, decaying matter or other waste material to accumulate in or on any such vehicle while it is so used. If unwrapped foodstuffs are transported in any such vehicle, the goods shall be carried in a portion of the vehicle which is screened and protected against dust and insects.
F. Lake County Health Department Permit Required: No license shall be issued hereunder until such time as a Lake County Health Department temporary food service event license has been issued. Such permit and the license issued hereunder shall be displayed at the site in plain view.
G. No Permanent License To Be Issued: Any and all licenses issued hereunder shall be for specific events or for a specific season to be designated in the application and license. No seasonal license shall be for longer than six (6) months.
H. Liability Insurance: Prior to issuance of a license hereunder, the licensee shall furnish a certificate of general liability insurance with limits of at least one million dollars ($1,000,000.00) and includes the Village of Fox Lake as an additional insured with a right of notice prior to cancellation.
I. Ice Cream Vendors: Ice cream vendors shall be allowed to operate on certain Village streets subject to the following restrictions:
1. No license shall be issued to a person who is a "sex offender" as defined in the Sex Offender Registration Act.
2. No person who is a "sex offender" as defined in the Sex Offender Registration Act may operate under any license issued under this section or may operate without such a license.
3. Amplified music, mechanized bells, or chimes are permitted only while the ice cream vending vehicle is stationary. (Ord. 2018-26, 6-26-2018)
4. Vending is prohibited on the following roadways (non- inclusive): Route 12, Route 59, Grand Avenue, Rollins Road, Route 134, Big Hollow Road, State Park Road, Grass Lake Road, Wilmot Road, and Route 173. Vending is also prohibited within five hundred feet (500') of the GTAAA operated baseball fields during the times when concession stands are open. (Ord. 2018-32, 7-10-2018)
5. An ice cream vendor may not stop his vehicle on a public roadway unless lanes of traffic in each direction are available to be used by vehicles in the area when the vendor is stopped.