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ORDINANCE NO. 2020-6
AN ORDINANCE AMENDING THE VILLAGE CODE BY ADDING A NEW
CHAPTER 8 OF TITLE 3 FOR MOBILE FOOD VENDORS
WHEREAS, the Building and Zoning Administrator has requested an amendment to the Village Code of the Village of Glen Carbon to add additional Chapter 8 of Title 3 for Mobile Food Vendors.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF GLEN CARBON, AS FOLLOWS:
That a new Chapter 8 of Title 3 of the Village Code of the Village of Glen Carbon shall be established as follows:
“Title 3: BUSINESS AND LICENSE REGULATIONS
Chapter 8: MOBILE FOOD VENDORS
The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires.
Commissary:Shall mean a local health department permitted food establishment that acts as a base of operations for a Mobile Food Vendor. The commissary provides facilities for adequate storage of food, food containers, or food supplies; equipment for adequate washing and sanitizing of food equipment and utensils; a servicing area for the sanitary disposal of liquid waste; for handling and disposal of garbage, grease, and rubbish originating from the food truck; facilities for filling a potable water holding tank in a sanitary manner.
ANNUAL MOBILE FOOD VENDOR LICENSE: License issued by the Village of Glen Carbon permitting a Mobile Food Vendor to conduct business within the Corporate Limits of the Village. The License is valid from January 1 through December 31 of the year in which the License was approved.
APPROVED TOILET AND HANDWASHING FACILTIES: Facilities must be easily accessible to the food handlers, fully functioning and supplied with hot and cold running water, soap and towel dispensers.
DAILY MOBILE FOOD VENDOR LICENSE: License issued for one (1) day or one (1) single event only.
FOOD CART: Any non-motorized, moveable object from which prepared or pre-packaged food is served.
Food Truck: Any self-contained motorized vehicle, or self-contained enclosed trailer designed to be operated on the roadway, from which prepared food for immediate consumption is served.
Health Department:The Madison County Health Department.
Health Officer: The Administrator of the Madison County Health Department, or their authorized representative.
Ice Cream Truck:A self-contained motorized vehicle or self-contained enclosed trailer designed to be operated on the roadway, from which frozen ice cream products are sold.
MOBILE FOOD VENDOR: A self-contained food service operation, located in a readily movable motorized wheeled or towed vehicle, used to store, prepare, display or serve food intended for immediate human consumption. It shall include food carts, food trucks, and ice cream trucks.
NFPA: National Fire Protection Association.
PRIVATE CATERED EVENT: Any outdoor event sponsored by an individual, group or organization not directly affiliated with or sponsored by the Village of Glen Carbon including, but not limited to, a wedding reception, birthday party, graduation or other catered event held on PRIVATE property which is NOT open to attendance by the general public and where NO currency is exchanged at the event by the participants for food intended for immediate human consumption.
PROPRIETOR: A person who owns or manages a business.
Restaurant: A business establishment whose principal business (meaning 51% or more of sales) is the selling of food prepared and served in ready to eat form to the public for human consumption.
RESTROOM AGREEMENT: A written agreement between the Mobile Food Vendor and a private property owner, or proprietor, acknowledging that the Mobile Food Vendor and its employees are granted permission to utilize their toilet and handwashing facilities if the Mobile Food Vendor will be stationed upon said property for a period longer than two (2) hours.
TEMPORARY MOBILE FOOD VENDOR LICENSE: License issued for
Special Events shall be valid only for the dates provided on the license, not to exceed four (4) consecutive days and each event shall require a separate application and license.
VENDING AREA: Location in which goods are sold and/or consumed.
VENDOR: The operator(s) of a food truck, food cart, or ice cream truck.
VILLAGE-APPROVED Special Event: Any outdoor or seasonal eventheld on public or private property that can reasonably be expected to cause a public gathering that is not part of the normal course of business at the location and where currency is exchanged for food intended for immediate human consumption.
VILLAGE-SPONSORED SPECIAL EVENT: Any outdoor or seasonal event sponsored by the Village of Glen Carbon including, but not limited to a picnic, parade, carnival, craft fair, art fair, bicycle, motorcycle, or vehicle ride, walk/run, car show, reception, or any other event held on public property which is open to attendance by the general public.
3-8-2: LICENSE, INSURANCE SALES TAX REPORTING REQUIRED:
1. Mobile Food Vendor License is required for any person(s) wishing to sell food for human consumption from a food cart, food truck, or ice cream truck.
i. A Mobile Food Vendor License is not required for Village-Sponsored Special Events where a fee to participate is required or assessed by the Village of Glen Carbon or the Community Events Committee (C.E.C.).
ii. A Mobile Food Vendor License is not required for Private Catered Events held on private property when there are no sales to the general public.
2. If a Mobile Food Vendor operates more than one food truck/food cart, then each such food truck/food cart shall require a separate license.
3. Upon the submission of a complete application showing compliance with all terms of this Article and passage of the investigation, when required, the Mobile Food Vendor License shall be signed by the Building & Zoning Administrator.
4. No license shall be granted for longer than one (1) year and shall expire on the last day of December following its issuance.
a. The license for an Annul Mobile Food Vendor License shall be valid on January 1 and expiring on December 31 for the year in which it was issued.
b. Licenses for applications received throughout the year shall be issued and paid for on a pro-rated monthly basis.
c. All licenses and permits shall be either displayed so that they are visible to customers at all times or kept within the confines of the food truck/cart so that it is readily available upon request or inspection.
5. Mobile Food Vendor Licenses shall not be transferable to any other applicant or vendor.
6. Every Mobile Food Vendor shall indemnify and hold harmless the Village of Glen Carbon for all suits or actions brought against the Village for or on account of any injuries or damages received or sustained by any party or parties caused by the said Vendor.
a. Every Mobile Food Vendor operating on Village-owned property shall obtain and maintain insurance coverage as required by the Village of Glen Carbon.
i. This insurance shall be in force at all times during the course of operation within the Village.
2. Temporary Mobile Food Vendor Licenses issued to Mobile Food Vendors for either Village-Approved Special Events or Village-Sponsored Special Events shall be valid only for the dates provided on the license, not to exceed four (4) consecutive days, and shall be event specific.
a. Each event shall require a separate application and license.
i. Vendors who have paid for and been issued an Annual Mobile Food Vendor License are not required to obtain a Daily Food Vendor License or Temporary Mobile Food Vendor License to participate in a Village-Approved Special Event.
3. Licensed Mobile Food Vendors are required to complete and submit the Illinois Department of Revenue ST-2 Multiple Site Form on behalf of the Village of Glen Carbon each applicable reporting period.
4. Violating any part of this Article or other Village of Glen Carbon Codes or Ordinances may result in the suspension or revocation of the Mobile Food Vendor License.
3-8-3: Health Department Permit Required:
1. Any Mobile Food Vendor operating in the Village of Glen Carbon shall be properly permitted by the Madison County Health Department.
2. All food trucks shall be subject to the State of Illinois and Madison County Health Codes and all rules and regulations promulgated by the applicable Health Commissioner.
3-8-4: Public Health Standards:
1. Mobile Food Vendors shall obtain and either display or have readily available for inspection at all times all State of Illinois and/or Madison County Health Department permits required to operate their food truck/cart.
2. No food, food products, or beverages for public consumption shall be kept, offered for sale, transported, or handled except in accordance with the rules and regulations of the State of Illinois and the Madison County Health Department.
3. If the State of Illinois or the Madison County Health Department suspends or revokes their respective permits and/or licenses, then the Village’s license shall hereby be revoked until such time as the State of Illinois or the Madison County Health Department permits and/or licenses are reinstated.
4. No food or beverage may be sold or given away in a glass container or bottle.
3-8-5: Manner of Operation:
1. Mobile Food Vendors shall only operate between the hours of 7:00 a.m. and 12:00 a.m. (Midnight).
a. Hours of operation for Special Events may be limited when approved in residential or other restricted areas.
2. Selling or serving of liquor or alcoholic beverages, including beer and wine, from food trucks/food carts shall be prohibited at all times.
3. Mobile Food Vendors shall comply with all applicable Village of Glen Carbon Parking Regulations.
4. A signed Restroom Agreement with approved toilet and handwashing facilities if the vendor intends to remain in the same location more than two (2) hours.
a. Employees must have access to approved restroom facilities within 200 feet of the unit.
b. Fully functional restroom facilities must be easily accessible to the food handlers and be supplied with hot water, soap and towel dispensers
3-8-6: LOCATION RESRICTIONS:
1. Mobile Food Vendors must have written authorization from the property owner of record, or the on-site proprietor, when locating on private property when currency is exchanged for food intended for immediate human consumption.
2. Mobile Food Vendors shall be permitted in only the following Zoning Districts with a Mobile Food Vendor License:
b. CG-General Commercial
c. CN-Neighborhood Commercial
d. CM-Main Street Commercial
e. L-Light Industrial
g. OP-Office Park
1. Ice Cream Trucks, as defined herein, shall be permitted in all Zoning Districts.
2. Private Catered Events, as defined herein, shall be permitted in all Zoning Districts.
3. Mobile Food Vendors may not locate or operate in the following districts or areas except as part of a Village-Approved or Village-Sponsored Special Event or by written request and special permission of the Village Board, granted at their sole discretion:
a. RM-Multiple Family Residential
b. RS-Single Family Residential
c. RT-Two Family Residential
1. Ice Cream Trucks, as defined herein, shall be permitted in all Zoning Districts.
2. Private Catered Events, as defined herein, shall be permitted in all Zoning Districts.
d. On any Village-owned property including a public right-of-way, parking lot or spaces, thoroughfare, park, or greenspace.
1. Ice cream trucks, as defined herein, shall be exempt from the requirements and restrictions set forth in this Section.
4. Mobile Food Vendors shall not operate in the same location (by parcel or property address) more than four (4) days per month unless taking part in a Village-Approved or Village-Sponsored Special Event.
5. Sponsors of any Village-Approved Special Event that will include Mobile Food Vendors must list the number of vendors and approximate location of said vendors on their Special Event Permit Application, which must be pre-approved by the Village Board at its discretion.
6. Mobile Food Vendors may not locate or operate within two hundred (200) feet from the front entrance of an existing restaurant unless;
a. They are part of a Village-Approved or Village-Sponsored Special Event, or
b. The proprietor of the established restaurant provides written consent, or
c. The property owner of record, if different than the proprietor, provides written consent, and
d. Said written consent or proof of special permission must be signed, dated, and kept with the food truck/food cart at all times while operating in a prohibited location and must be provided upon request of any enforcement officer of the Village.
i. Ice cream trucks, as defined herein, shall be exempt from the requirements and restrictions set forth in this Section.
ii. Private Catered Events, as defined herein, shall be exempt from the requirements and restrictions set forth in this Section.
3-8-7: Vehicle Appearances, Maintenance and storage:
1. Food trucks shall be kept in good mechanical and structural condition.
2. Food trucks shall have a clean exterior and interior.
3. Each vehicle shall have the company name affixed to it in a professional, workmanlike manner and in letters that are a minimum of six inches (6”) in height on each side and the rear of the vehicle.
4. Signage shall be limited to signs permanently or magnetically affixed to the vehicle or cart.
a. The following types of signs are specifically prohibited in the Village:
i. Signs visible from a public right-of-way that imitate, blend or conflict with, or that may be confused with traffic signals and signs. Such signs shall include, but not be limited to, signs that are imitations of "stop", "go", "caution", "danger", or "warning" signs.
ii. Signs that are of a size, location, movement or illumination as may be confused with or construed as a traffic control device or which might obstruct from view any traffic or street sign or signal.
iii. Pennant signs and flag banners.
iv. Moving signs.
v. Snipe signs.
vi. Unkempt or unsightly signs.
vii. Roof signs.
viii. Portable signs, such as sign walkers and inflatables.
ix. Signs in the public right-of-way not attached to the vehicle or cart
5. No food truck, food cart or ice cream truck shall be stored or parked in any location that is visible from the right-of-way while not in use.
1. No tents, tables, chairs, or other materials shall be placed at the designated vending area.
i. This rule shall not apply to Village-Approved or Village-Sponsored Special Events where tents, tables, chairs or other materials are provided for the comfort and enjoyment of the Mobile Food Vendors or patrons when long hours are involved to the benefit of the event participants (community event, picnic, parade, carnival, craft fair, art fair, bicycle, motorcycle, or vehicle ride, walk/run, car show, reception, or the like).
ii. Private catered events, as defined herein, shall be exempt from requirements of this Section.
2. Mobile Food Vendors are not permitted to connect directly to Village water, electric, or other utility to conduct business without written consent of the Village.
3. Mobile Food Vendors must provide for the sanitary collection of all refuse, litter, and garbage generated by the truck, cart, or patrons using the service and must remove all such waste materials from the vending area before the vendor departs.
4. No person shall distribute, deposit, place, throw, scatter, or place any commercial handbill in or upon any motor vehicle.
5. Drive-through facilities shall be prohibited.
6. It shall be unlawful and a nuisance for any Mobile Food Vendor to make, continue, or cause to be made or continued any loud, unreasonably loud, disturbing, unnecessary or excessive noise which unreasonably interferes with the comfort, health or safety of others.
3-8-9: SAFETY REQUIREMENTS:
1. All Mobile Food Vendors, operating within the boundaries of the Village of Glen Carbon are subject to announced or unannounced inspection by the Department of Building & Zoning, the Glen Carbon Police Department (GCPD), or the Glen Carbon Fire Protection District (GCFPD) to verify compliance with safety and sanitation standards.
2. Both the generator and fuel tank shall be affixed to the vehicle and shall not be placed on the ground.
3. Food Trucks must maintain a minimum vehicle clearance of ten feet (10’) away from buildings, structures, vehicles, and any combustible materials.
4. Food Trucks must have their wheels chocked when parked.
5. No seating may be provided inside the food truck for patrons.
6. Mobile Food Vendors may not block GCFPD access roads, fire lanes, fire hydrants or other protective devices or equipment.
7. Only U.S. Department of Transportation-approved models of propane and natural gas tanks (49 CFR 178) may be used on food trucks.
8. No quick-connect device, as defined in NFPA 58-7.2.25, are allowed except on chassis mounted tanks.
a. Any such quick connect device on chassis mounted tanks shall be equipped with a manual shutoff.
b. Tanks must be secure and conform with NFPA standards relating to the safe mounting of tanks as described in NFPA 58-220.127.116.11.
9. All cooking appliances must be listed by Underwriters Laboratories or NSF International for mobile applications for the appropriate fuel.
10. All fat fryers must have a lid over the oil vat that can be secured in order to prevent the spillage of cooking oil during transit.
a. The lid is to be secured at all times when the vehicle is in motion.
11. Each gas-filled appliance shall be equipped with an automatic device designed to shut off the flow of gas to the main burner and pilot in the event the pilot flame is extinguished.
a. The main shutoff value must be clearly marked with the words “PROPANE AND NATURAL GAS SHUTOFF VALVE”.
b. Fuel tanks or cylinders shall be equipped with an approved (EFD) Excess Flow Valve.
12. Portable fire extinguishers shall be installed in kitchen cooking areas in accordance with the NFPA 10-96:10.9.3.
a. If a deep fryer is present in the vehicle, a Class K fire extinguisher is required.
13. Mobile Food Vendor workers shall be properly trained in the following:
a. Proper use of portable fire extinguishers and extinguishing systems.
b. Proper procedure, with an approved means of communication, for notifying the Glen Carbon Fire Protection District and the Glen Carbon Police Department in case of an emergency.
14. All vehicles used for cooking that produces grease-laden vapors must be equipped with a working Ansul R-102 or K class automatic fire suppression system.
15. Each mobile food vehicle that uses a propane or natural gas for cooking must be equipped with a Type I or Type II commercial kitchen exhaust hood.
16. Each truck must be equipped with a working ventilation system that meets the
Requirements of NFPA 96, Chapter 5, and must be in operation at all times when the cooking equipment is being used.
17. All mobile food trucks must be equipped with a working carbon monoxide detector.
a. All cabinet mounted tanks must be equipped with a leak indicator according to NFPA 1192-6.4.8.
3-8-10: APPLICATON REQUIREMENTS:
5. Application for a Mobile Food Vendor License shall be made in writing to the Village of Glen Carbon on a form approved by the Building & Zoning Administrator containing the following truthful and accurate information:
a. Applicant Information:
· Applicant’s Name
· Applicant’s Address
· Applicant’s Phone Number(s)
· Applicant’s Date of Birth
b. Business Information:
· Business Name
· Permanent Business address
· Business Phone Number(s)
c. Driver’s Information:
· Driver’s Name
· Driver’s Address
· Driver’s Date of Birth
· Driver’s License Number and State of Issuance
d. Mobile Food Vendor Information:
· Operator’s Name(s)
· Operator’s Address(es)
· Operator’s Phone Number(s)
· Operator’s Date of Birth
e. Vehicle Information:
· Vehicle Make
· Vehicle Model
· Vehicle Year
· Vehicle Length
· License Plate Number and State
f. Commissary Information (Food Supplier):
· Phone Number
g. Disposal Information:
· Name of business or location where oil, fat, grease, refuse, litter, and/or garbage will be disposed of properly in accordance with all rules.
· Address or location where oil, fat, grease, refuse, litter, and/or garbage will be disposed of properly in accordance with all rules.
· Phone number of business or location where oil, fat, grease, refuse, litter, and/or garbage will be disposed of properly in accordance with all rules.
2. Documents Required:
· Copy of each Mobile Food Vendor’s valid driver’s license to operate the vehicle.
· Copy of Mobile Food Vendor’s vehicle registration.
· Copy of Mobile Food Vendor applicant’s certificate of liability insurance:
1. Village of Glen Carbon shall be named as additional insured.
2. Comprehensive general liability limits of not less than $1,000,000 each occurrence/aggregate covering bodily injury, personal injury, and property damage.
3. General Aggregate and Products-COMP/OP AGF not less than $2,000,000.
· Copy of Mobile Food Vendor’s Illinois Workers’ Compensation Insurance as required by Illinois law.
· Copy of Madison County Health Department Permit.
· Copy of Illinois Retailer Occupation Tax Certificate.
· Restroom Agreement if operating at a location for more than two (2) hours.
· Site plan required for Village-Approved Special Events identifying the location and size of the Mobile Food Vendor’s location with all existing parking affected shown in detail.
1. The site plan must be submitted for approval fourteen (14) days prior to the start date of requested event.
3-8-11: INVESTIGATION OF ICE CREAM TRUCK OPERATORS:
1. Each applicant, operator, and driver of an ice cream truck shall agree to and submit all required personal information needed for a background check and/or investigation to be conducted by the Chief of Police as to the individual’s business and moral character.
2. If the facts show that the applicant, operator, and/ or driver of an ice cream truck is unfit to receive the license, then it shall be denied and such reasons for denial shall be stated in writing by the Chief of Police, or his/her designee, and shall be given to the applicant.
a. A felony conviction within the past five (5) years for crimes related to drugs, theft, and crimes against persons will result in a denial.
b. A felony that requires registration as a sex offender under the laws of the State of Illinois, or any other state, commonwealth, or possession of the United States shall result in an automatic denial of a license.
c. Denial of Mobile Food Vendor License as a result of information gathered during the background check or investigation by the Village may be appealed to the Village Attorney, upon written request.
The license fees for a Mobile Food Vendor are due and payable at the time the application is submitted for approval. Refer to the Village of Glen Carbon Schedule of
Any Mobile Food Vendor found in violation of this chapter shall be deemed guilty of an offense and is punishable as provided in section of this Code. (Ord. 2018-19, 6-26-2018).
If any part of this Ordinance is found to be unconstitutional, invalid or unenforceable by a Court of competent jurisdiction, such invalidity shall not affect the validity or effectiveness of the remaining provisions of this Ordinance or any part thereof and said Ordinance shall be read as if said invalid provision was struck therefrom and the context thereof changed accordingly with the remainder of the Ordinance to be and remain in full force and effect.
All ordinances or parts of other ordinances in conflict herewith shall be and hereby are repealed to the extent of any such conflict, provided that nothing herein shall in any way excuse or prevent prosecution of any previous or existing violation of any ordinance or part of any ordinance repealed or superseded hereby. Nothing in this Ordinance shall be construed to affect any suit or proceeding now pending in any court, any rights acquired, any liability incurred, any cause of action acquired or existing by reason of this Ordinance or any part thereof repealed by this Ordinance. No accrued legal right or remedy of any kind or character shall be lost, impaired or affected by this Ordinance.
This Ordinance shall be in full force effective, following its passage, approval, and publication in pamphlet form in accordance with State Statutes.
Passed by the Village Board of the Village of Glen Carbon, this ______ day of ________________, 2020.
Approved by the Mayor of the Village of Glen Carbon, this ______ day of ________________, 2020.
Mayor, Village of Glen Carbon, Illinois
Village of Glen Carbon, Illinois