The following regulations shall specifically apply to food trucks, and to the extent of any conflict between the applicability of the provisions of this section and the remainder of this Chapter to food trucks, the provisions of this Section shall be deemed to be controlling for all purposes.
A. License Requirements.
1. It shall be unlawful for any person to operate a food truck within the Village, as defined in this Chapter, without first having obtained a license for that purpose.
2. These requirements shall not apply to those food truck operators that meet the exemption standards as set forth in Subsection F, herein.
3. Any person desiring to operate a food truck shall complete and submit a written application for such license to the Department of Community Development. The application for such license shall be on forms provided by the Department of Community Development and shall include the following;
a. A completed application as provided by the Village.
b. An application fee in the amount of Five Hundred ($500.00) Dollars.
c. The name, address, telephone number, and driver's license number of the individual applying for the license. If the applicant is employed by another person or entity, the name of that employer, its address and telephone number shall also be required.
d. A description of the nature of the food and beverages offered by the food truck along with the menu.
e. A description of the vehicle to be used in conducting business. Said description shall also include any signage or graphics displayed on said vehicle.
f. License plate number and registration of the food truck vehicle proposed to be licensed.
g. A detailed and dimensioned site plan or plat of survey that shows the location and relationship of the food truck and its accessory functions (i.e. trash receptacles, area where customers place and pick up orders).
h. A signed indemnification statement approved by the Village indicating that the vendor shall hold harmless the Village and its officers and employees, and shall indemnify the Village, its officers, and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried out under the terms of the license. The food truck operator shall also obtain or have in full force and effect commercial general liability insurance coverage insuring the food truck operator and the Village with respect to occurrences arising out of the activities authorized by the license, with such coverage having combined single limits of not less than one million dollars ($1,000,000.00) for personal injury and death and property damage per occurrence, and in the aggregate, which coverage shall specifically refer to this license, coverage of the Village shall be by written endorsement naming the Village as an additional insured. The food truck operator shall further maintain automobile liability insurance with coverage of not less than one million dollars ($1,000,000.00) for personal injuries or death per occurrence and one million dollars ($1,000,000.00) for property damage per occurrence.
i. Copies of all necessary licenses or permits required by the State of Illinois, the DuPage County Health Department, Fire District or other related applicable authorities for the operation of the food truck.
j. Lease agreement from the property owner.
k. When seeking a renewal, applicants must submit an accurate record of sales, organized by date, from the previous year. Upon request, the licensee must produce documentation in a manner acceptable by the Village sufficient to verify the record of sales, such as copies of IDOR sales tax returns, dated cash register records or numbered receipts.
B. Conditions of License.
1. Any food truck license issued by the Village shall be subject to the following conditions:
a. The annual license shall be affixed to the vehicle, and shall expire on December 31 of each year.
b. There shall be only one (1) food truck operator at any given time located on the property. For special events or occasions that my involve multiple food truck operators, the applicant(s) shall be subject to the terms and conditions and licensing requirements for a business license or Temporary Use Permit as set forth herein.
c. It shall be unlawful for any person to operate as a mobile food vendor within one hundred fifty (150) feet of any licensed fixed-location restaurant. The measurement shall be made from the nearest points of the food truck and the entrance of the fixed-location restaurant. This condition may be waived if the operator of the food truck has obtained written consent of the owner of the relevant business or food service establishment to operate within this minimum distance.
2. Applications failing to meet the foregoing conditions, or which disclose risks unacceptable to the Village shall be denied. A denial of an application may be appealed to the Village Board.
3. Each licensee must notify the Department of Community Development within thirty (30) days of any change to application information.
C. Use Restrictions and Standards.
1. Food trucks must be brought to a complete stop, with the ignition turned off, and be lawfully parked within the location approved for the license prior to commencing operations.
2. Food truck operators must provide or have garbage receptacles readily available for immediate use by customers of the food truck. Village trash receptacles are not to be used for this purpose. Such receptacles shall be removed from the site upon the conclusion of the food truck operations, and at all times when the food truck is not at the location for which the license has been approved.
3. Food truck operators must pick up, remove, and dispose of all garbage, refuse, or litter and shall otherwise maintain a clean and debris-free condition.
4. Food trucks must be located at least ten (10) feet from the edge of any driveway or public sidewalk, utility boxes and vaults, handicapped ramp, building entrance, exit or emergency access/exit way or emergency call box and must not locate within any area of a lot that impedes, endangers, obstructs, or interferes with pedestrian or vehicular traffic.
5. No alcoholic beverages may be dispensed from a food truck.
D. Hours of operation. A food truck may be open to the public only between the hours of seven o’clock (7:00) a.m. and nine o’clock (9:00) p.m., Monday through Sunday. Daily set up of a food truck may not occur before one (1) hour prior to the permitted opening time, and the end-of-the-day clean-up must be completed not later than ten o’clock (10:00) p.m. Food trucks shall not be parked on the premises from which they operate under license during the time period after end-of-the-day clean-up and before the permitted set-up time on the next intended day of operation. Hours of operating beyond these specified hours for special events conducted by an owner or occupant of the location proposed for the operation of the food truck may be authorized only with prior approval by the Department of Community Development.
E. Suspension/revocation of license. Operation of a food truck without valid licenses or permits from the Village, DuPage County Health Department and the State of Illinois, as required, shall be a violation of this division, and shall further render the food truck operator subject to proceedings for the revocation of its food truck license.
F. Exemption.
1. The licensing requirements for operating a food truck shall not apply to Village of Glendale Heights' sponsored events and activities.
2. Persons operating food truck on a temporary basis such as a festival, farmer's market, or other similar event(s) shall adhere to the standards set forth within this Title for a Temporary Use Permit.
3. Food delivery vehicles shall be exempt from the application of this division. The regulations of this division shall only apply to the food truck operators in connection with their operation of food trucks, as defined herein.
4. Food trucks used for temporary events such as fundraisers, not-for-profit or Village events do not require a food truck license, provided that all proper licenses and permits have been approved for the temporary event by the Village.
5. Food trucks that operate on a short-term basis shall adhere to the standards set forth in the Village's Temporary Use Permit guidelines and approval procedures.
6. Food trucks for private residential events shall not be subject to the requirements herein or those set forth within the Temporary Use standards as long as:
a. The event is for one (1) day only;
b. Is limited to only one (1) food truck;
c. Provides services to only those attending the event;
d. Is located or positioned such that said food truck does not obstruct traffic or utilities; and
e. Adheres to the following hours of operation: Sunday through Thursday: nine o’clock (9:00) a.m. to seven o’clock (7:00) p.m.; and Friday and Saturday from nine o’clock (9:00) a.m. to nine o’clock (9:00) p.m.
G. Enforcement and penalties. The Village may enforce the provisions of this division by filing an action in the Circuit Court for DuPage County, Illinois. Without otherwise limiting the foregoing, the Village may bring an action to collect payment of unpaid fees or to compel the licensee to take actions to comply with the requirements of this division. (Ord. 2023-53, 9-7-2023)