(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a separate meaning.
AMBULATORY FOOD ESTABLISHMENT. Mobile food dispenser vehicles and mobile catering vehicles.
APPROVED FOOD SANITATION COURSE. Any training course that meets the minimum requirements of the State Department of Public Health.
CERTIFICATE. The document issued by the state to a person after attending an approved food sanitation course and successfully passing a written examination or by successfully passing a special written examination conducted by the state. This person shall be recognized as a certified operator.
EMPLOYEE. Any person who handles food or drink during preparation, processing, packaging, storing, handling, transporting or serving, or who comes in contact with any eating or cooking utensils, or who is employed in a room in which food or drink is prepared or served.
FOOD SERVICE ESTABLISHMENT. Any place where food that is intended for individual service and consumption is routinely provided completely prepared. The term includes any such place, regardless of whether consumption is in, on, or off the premises, and regardless of whether there is a charge for the food. The term does not include a private home where food is prepared for individual family consumption, and it does not include the location of food vending machines. Home kitchen operations, as defined in § 95.04 (Home Kitchen Operation) of the Village Code are excluded from this definition of FOOD SERVICE ESTABLISHMENT.
FOOD. All articles used for food, drink, confectionery or condiment whether simple, mixed or compound, and all substances or ingredients used in the manufacture and preparation thereof.
MOBILE FOOD DISPENSER VEHICLE.
Any ambulatory vehicle other than a mobile catering vehicle, from which food or other substances for human consumption are sold, offered for sale, manufactured, stored, dispensed or otherwise handled. A mobile food dispenser vehicle is a cart, automobile or truck which is used principally for the retail sale of candy, ice cream, ice milk, ice cream novelties or similar products.
MOBILE CATERING VEHICLE. Any ambulatory vehicle, which may contain kitchen facilities, from which pre-prepared or freshly cooked or prepared food or other substances for human consumption are sold, offered for sale, manufactured, prepared, stored, dispensed or otherwise handled and which has been licensed by the Village as a mobile catering vehicle. A mobile catering vehicle is a cart, automobile or truck which is used principally for the retail sale of food that is consumed for breakfast, lunch or dinner. A mobile catering vehicle also includes any vehicle used for the retail sale of fresh or frozen food in bulk quantities (e.g., cheese, deli meats, hamburgers, steaks, etc.).
OPERATOR. Any owner, manager, operator or primary operator who has the responsibility for the supervision of the food operation and employees during all or part of the hours of operation. If no individual is the apparent operator, then any employee present will be considered the operator.
UTENSILS. Any kitchenware, tableware, glassware, cutlery, containers or other equipment with which food or drink comes in contact during storage, transportation, preparation or serving.
(B) Certification and licensing.
(1) (a) It shall be unlawful for any person who does not possess a valid license to operate a food service establishment or an ambulatory food establishment within the Village. Only persons who comply with the requirements of this section and all other provisions of the laws of the state, and the Village regarding the operation of food service establishments and ambulatory food establishments shall be entitled to receive and retain such a license. The license fee for ambulatory food establishments shall be as set forth in § 110.13 for itinerant vendors. The license fee for food service establishment shall be as set forth in § 110.13 for restaurants.
(b) Any person desiring a license to maintain or operate a food service establishment or an ambulatory food establishment shall make written application for a license to do so in the manner hereinafter prescribed. Upon the completion of all inspections, tests, and examinations required by this Code, and any other applicable laws, rules and regulations, the Building Director shall transmit the application to the Village President, or his or her designee, together with his or her recommendation for a grant or denial of the license. If the applicant is of good character and reputation, and, in the case of food service establishments, the premises for which such license is sought is proper and suitable for the operation of a sanitary and healthful food service establishment, and, in the case of ambulatory food establishments, if the vehicle for which such license is sought is suitable for the operation of a sanitary and healthful ambulatory food establishment, the Village President, or his or her designee, shall, upon payment of the license fee by the applicant, upon verification of compliance with all other applicable licensing requirements, direct that a license be issued by the Village Clerk in accordance with such application.
(2) It is mandatory that at least 1 operator of each food service establishment hold a valid certificate issued by the state. A certified operator shall be on the premises for direct supervision of the food service establishment during the hours of operation. Certification shall be achieved by successfully completing a food service establishment examination conducted or monitored by the State Department of Public Health.
(3) In food service establishments, both the Village license and the Illinois Operator's Certificate shall be displayed at all times in a prominent place readily visible to the public. The village license for ambulatory food establishments shall be displayed in a prominent place readily visible on the ambulatory vehicle for which the license has been issued.
(4) The Village shall issue separate licenses for mobile catering vehicles and mobile food dispenser vehicles. There shall be no more than 7 mobile food dispenser licenses issued on an annual basis to operators of mobile food dispenser vehicles which are used principally for the sale of candy, ice cream, ice milk, ice cream novelties or similar products. Each operator who receives a mobile food dispenser license shall be permitted to operate no more than 2 mobile food dispenser vehicles within the Village, provided that the required business license fees are paid in full, the vehicles pass inspection and the required state certification is obtained.
(5) There shall be no limitation on the number of mobile catering vehicle licenses that can be issued by the Village and no limitation on the number of mobile catering vehicles that can be operated by an owner or operator holding a Village-issued mobile catering vehicle license, provided that: (a) the required business license and permit fees are paid in full, the vehicles pass inspection and the required state certification is obtained; and (b) such vehicles shall not operate within 200 feet of any restaurant located within the Village’s corporate boundaries, unless the vehicles are owned or operated by the restaurant or the vehicles have Village-issued “food truck zone permits” allowing them to operate within 200 feet of such restaurants. Mobile catering vehicles may not sell any item while parked or stopped on a Village street or on a Village-owned property unless the owner or operator of the mobile catering vehicle obtains and maintains a “food truck zone permit” from the Village and pays the required permit fee, which shall be in addition to the requirement to obtain and maintain a mobile catering vehicle license, that allows the mobile catering vehicle to park within the boundaries of a Village-approved food truck zone and sell their food items (“food truck zone permit”). The Village Manager shall set the annual cost of food truck zone permits. The Village-approved food truck zones shall be located on certain designated Village streets and Village-owned properties, as determined by the Village Manager, and shall be identified by posted Village signage. A food truck zone permit may be issued with conditions related to the operation of the mobile catering vehicles, as determined by the Village Manager, such as a mobile catering vehicle may only park in a certain designated Village-approved food truck zone on certain days of the week. Each owner of a restaurant that is physically located in the Village and who also owns or operates one or more mobile catering vehicles shall be given priority in terms of parking its vehicles within the Village-approved food truck zones. The Village may reserve the parking spaces at any Village-approved food truck zones as open parking available to any mobile catering vehicle with a Village-issued food truck zone permit on a first-come, first serve basis. The hours of operation by mobile catering vehicles within Village-approved food truck zones shall be set by the Village Manager. In addition to other typical permit information, the applicant for a food truck zone permit shall be required to execute a Village-prepared release and indemnification agreement, and provide general liability insurance naming the Village as an additional insured. It shall be a violation of this division for: (a) a mobile catering vehicle to park within a Village-approved food truck zone and sell food items withouta Village-issued food truck zone permit; and (b) a mobile catering vehicle to park outside of the boundaries of Village-approved food truck zones and sell their food items with or without a Village-issued food truck zone permit. Items may be sold from a mobile catering vehicle without a Village-issued food truck zone permit only when the vehicle is parked on privately- owned property in an area of the Village which is zoned for business, commercial or industrial use. Mobile catering vehicles without a Village- issued food truck zone permit shall sell items only at those locations where the owner or tenant of the property on which the mobile catering vehicle is parked or stopped has given its permission to the owner or operator of the mobile catering vehicle to sell items from the vehicle. Mobile catering vehicles must follow a schedule which sets forth the times and locations at which items will be sold from the vehicle. A current copy of this schedule must be filed with the Village’s Building and Code Enforcement Department. No items shall be sold from a mobile catering vehicle while it is within 2 blocks of the lot line of any primary or secondary school.
(1997 Code, § 32.11) (Ord. 84-32, passed 5-10-1984; Am. Ord. CO-09-27, passed 10-6- 2009; Am. Ord. CO-2011-02, passed 2-15-2011; Am. Ord. CO-2014-14, passed 4-1-2014; Am. Ord. CO-2020-26, passed 10-6-2020; Am. Ord. CO-2021-15, passed 7-13-2021; Am. Ord. CO-2021-21, passed 8-17-2021) Penalty, see § 111.99