(A) Generally. It shall be unlawful for any person to sell or offer for sale any candy, ice cream, confection or any food or beverage for human consumption from any motor vehicle or any vehicle or cart of any kind, on any public street or sidewalk in the Village, except as expressly permitted under this section.
(B) Equipment required. Every truck or other vehicle used for vending any food or beverage for human consumption shall be equipped with the following equipment, which shall be in addition to any other such equipment required by state, local, or federal regulation.
(1) A slow signal arm that can be extended horizontally from the left side of the vehicle. The arm shall be yellow with black lettering and contain two alternately flashing amber lights 3 to 5 inches in diameter visible at 300 feet to the front and rear in normal sunlight upon a straight level roadway or highway. The bottom of the signal arm shall be approximately 42 inches above the roadway or highway.
(2) A convex mirror mounted on the front so the driver in his or her normal seating position can see the area in front of the truck obscured by the hood.
(3) Signs or decals on both the front and rear of the vehicle identifying the vehicle as an ice cream truck, or other food vending vehicle, and displaying the words “SLOW CHILDREN CROSSING” in distinctive lettering at least 6 inches in height which is visible at 300 feet to the front and rear in normal sunlight upon a straight level roadway or highway.
(4) An outside passenger side mirror that provides the driver with visibility to the right side and to the rear of the vehicle.
(5) A sign or decal that is visible at all times with the business address and telephone number of the business license holder printed on the side of the vehicle in letters of not less than 2 inches.
(6) A trash receptacle to dispose of all litter that is generated from products sold from the vehicle.
(C) Permit required.
(1) Required. It shall be unlawful for any vehicle regulated in this section to operate commercially upon the streets of the Village unless a license is first obtained from the Village Clerk.
(2) Application; issuance. Each application for a license to operate a vehicle regulated in this section shall be made on a form to be provided by the Village Clerk.
(3) Criminal history certification.
(a) The applicant shall certify that he or she or his or her employees are in good standing and that there is no criminal issue existing that would disqualify them from holding this license.
(b) The license applicant shall provide to the Chief of Police, as part of the application, an original, fingerprint based, criminal history conviction report created by the Illinois State Police. The applicant shall be solely responsible for providing the required report, and shall provide to the Chief of Police a report for the applicant, and each of its employees who shall be commercially operating the vehicles within the Village of Roscoe.
(4) Review by Chief of Police and Village Clerk. No such license shall be issued until the Chief of Police has approved it and proof of the applicant’s registration under the Retailers Occupation Tax Act of Illinois and licensing by this state has been reviewed by the Village Clerk.
(5) Grounds for denial. Any falsification of information by an applicant for any license to operate a vehicle regulated in this section shall be prima facie grounds for the denial of the license.
(6) Contents. Each license issued pursuant to this section shall bear an identifying number and shall reflect the exact and inclusive dates of the licensed activity.
(7) Fee. The fee for each license shall be $250 per truck per year.
(8) Display. Each temporary vendor shall display in a conspicuous manner upon his or her place of business the license issued to him or her pursuant to this section.
(9) Number of licenses. The Village will limit the issuance of permits to a maximum of 2 vehicles regulated under this section permits per corporation, with a maximum of 3 companies allowed to operate within the Village at any given time.
(D) Insurance required.
(1) Each vehicle regulated in this section that operates within the Village must carry insurance. This shall include, but not be limited to a $2,000,000 general liability policy.
(2) All insurance policies required under this section shall name the Village as an additional insured within the policy.
(3) The Village must be given 30 days notice of the cancellation of any policy required under this section. Cancellation or expiration of an insurance policy required under this division (D) shall automatically revoke all permits and licenses granted to the license holder, by the Village, under the terms of this section.
(E) Employee requirements.
(1) All vendors, drivers, or other employees of the vendor that are to be working out of the vehicle shall provide a fingerprint based criminal history conviction report, generated by the Illinois State Police, to the Chief of Police of the Village of Roscoe, and additionally shall submit to any additional criminal background check as may be requested by the Village. Costs associated with the checks and verifications required by this division (E) shall be born by the applicant.
(2) All drivers employed to drive vehicle regulated in this section shall possess a valid Illinois driver’s license at all times.
(3) All vendors, drivers, or other employees of the vendor that are to be working out of the vehicle shall be over the age of 18.
(F) Use of lights and slow arm on food vending vehicles.
(1) The driver of a vehicle regulated in this section stopped on the roadway or highway for the purpose of vending shall activate the amber flashing lights required in this section and shall extend the slow signal arm.
(2) These signaling devices shall not be used when the truck is in motion, nor at any time when the truck is stopped for a purpose other than vending.
(G) Inspection required. Every vehicle regulated in this section shall be inspected annually as required by the State of Illinois, and the County of Winnebago. A copy of such inspection certificate shall be filed with the Village Clerk annually.
(H) Cleanliness required.
(1) The interior and exterior of each vehicle regulated in this section, and all equipment therein shall be kept clean and sanitary and maintained in good repair at all times.
(2) The interior and exterior of each vehicle regulated in this section shall comply with all local, state and federal codes and regulations governing the sale and distribution of food products.
(I) Vending restrictions.
(1) Vehicles regulated in this section may only operate between the calendar dates of May 1 and October 30 of any given year.
(2) No vendor regulated under this section shall vend before 10:00 a.m. or after the earlier of dusk or 8:00p.m.
(3) Vendors regulated in this section shall only vend on residential streets and only where the speed limit does not exceed 25 miles per hour. The Village shall provide each vendor with a list of prohibited streets, which may include certain residential streets. A copy of the same shall be on file at the Village Clerk’s office.
(4) No vendor regulated in this section may vend within 500 feet of any property used as a school from one hour before the regular school day to one hour after the regular school day when the school is in session.
(5) No vehicle or vendor regulated in this section may vend before the vehicle is lawfully parked or stopped.
(6) Vendors may only vend from the right side of the vehicle that is away from moving traffic and as near as possible to the curb or edge of the roadway or highway.
(7) No vehicle or vendor may vend to a person standing in the roadway.
(8) A copy of a current, valid Winnebago County Health Department permit must be on file in the Village Clerk’s office and must also be carried in the vehicle.
(J) Backing restricted. The driver of a vehicle regulated in this section shall not operate the truck in reverse in order to make or attempt to make a sale, nor shall the driver operate the truck in reverse immediately before vending.
(K) Sound amplification restrictions.
(1) All sound amplification equipment used must comply with all local, state, and federal laws regulating permissible levels of sound.
(2) Sound amplification, if used, shall be restricted to the playing of non-vocal music and the Village reserves the right to regulate volume in a manner to preventing the non-vocal music from being a nuisance or otherwise disturbing the peace.
(3) Sound amplification equipment shall not be operated while the vehicle is stopped or parked, and shall not be operated while the vehicle is traveling in an area where vending is prohibited under this chapter.
(4) Sound amplification equipment shall not be operated within 500 feet of hospitals, schools, or churches.
(Prior Code, § 7-56) (Ord. 1983-3, passed 7-21-1983; Am. Ord. 2009-69, passed 9-17-2009) Penalty, see § 10.99