(A) Permit required. It shall be unlawful for any person to act as a vendor in the city without first obtaining a permit. A vendor's permit shall only be issued if the following criteria are met:
(1) The vendor's proposed stand, if any, shall not exceed ten feet in width, ten feet in length, and eight feet in height;
(2) The equipment used in vending food and beverages shall have a valid permit from the DuPage County Health Department;
(3) The proposed location for the vendor's sales must be in the B-2 through B-5 zoning districts, areas in the M-U zoning district that are used for commercial purposes, or in a public park located in an R-1 through R-3 zoning district during an event sponsored by the city or a park district, and, except for events as specified in a public park, shall not be within 500 feet of the grounds of any elementary or secondary school, of within 500 feet of any church while church is in session;
(4) The proposed time for the vendor's sales shall be within the hours of 8:00 a.m. and sundown as defined by the National Weather Bureau on any day; and
(5) The vendor shall be liable for any claims of property damage or bodily injury, including death, which may arise from operations under or in connection with the license.
(B) Application. Application for a vendor's permit shall be made at the office of the police department. Such application shall be made in writing on a form provided by the city, and shall contain the following information, along with any other information required by the Chief of Police, in his reasonable discretion:
(1) The name, home and business addresses of the applicant, and the name and address of the owner, if any other than the applicant;
(2) A description of the type of food, beverage or merchandise to be sold;
(3) A description of the location where the vendor proposes to conduct its business;
(4) A statement of the proposed time during which the vendor proposes to conduct its business;
(5) A diagram depicting the exact size of any stand to be used by the vendor in the conduct of its business;
(6) A copy of a valid permit from the DuPage County Health Department for any equipment used in selling food and beverages; and
(7) A certificate of insurance, issued by an insurance company authorized to do business in Illinois, showing that the permittee is insured against claims for property damage or personal injury, including death, which may arise from the operations of the vendor under or in connection with the permitted activities. Such insurance certificate shall name the city as an additional insured, and shall provide that the policy may not be cancelled prior to the expiration date without 30 days prior written notice to the city.
(C) Issuance or denial. The Police Chief shall notify the applicant of the decision concerning issuance of denial of the permit within 30 days after the filing of a completed application for a vendor's permit. The Police Chief shall consider the standards set forth in this subchapter in determining whether to issue a permit. If the permit is issued, it shall state the approved location from which the vendor may conduct its business and the approved times of day for the conduct of its business, and shall identify the approved stand and items to be sold. If the permit is denied, the applicant shall be provided with a statement of the reasons for such denial. A permit maybe denied for fraud or misrepresentation on the application .submitted for the vendor's permit, and for any other reasonable cause in the discretion of the chief of police, including but not limited to the chief's determination that the location or times proposed will unreasonably impede the flow of pedestrian or vehicular traffic.
(D) Fee. The fee for a vendor''s permit shall be $25 per day.
(E) Term and renewal. A vendor's permit shall be valid for a period of 30 days, subject to one period of renewal if the vendor applies for such renewal no less than ten days before its expiration, and if the vendor has not violated any provisions of this subchapter governing vendors and is still qualified for such a permit; provided that no more than two vendor's permits shall be issued to any individual, business or group within a calendar year.
(Ord. 02-36, passed 10-22-02; Am. Ord. 06-35, passed 12-12-06)