A. Mobile Food Vendors For Special Events: Permits for the operation of special event mobile food vending will be reviewed on a case-by-case basis with an emphasis on public safety. Zoning, location, hours of operation, parking requirements, and the like, will be reviewed as a special event following the same process used for permit applications set forth in chapter 9-6 (parks) of this code. All mobile food vendors for special events shall possess a permit and remain in good standing with the Village.
B. Fixed Point Mobile Food Vendors: Fixed point mobile food vendors are permitted in B-2, B-3, and I-1 zoning districts, provided the location meets the following requirements:
1. Each vendor must receive written authorization from the property owner on a form provided by the Village;
2. The location cannot be within two hundred fifty feet (250') from the property line of any other permanent prepared food service vendor. This provision may be waived in writing by the impacted business(es);
3. The entire vehicle, trailer, or cart must comply with all setback requirements for the zoning district in which the mobile food vending operation will occur. A minimum twenty-five foot (25') setback is required for any zoning classification if the required setbacks are less. The location of mobile food vending operations and equipment shall be entirely at or behind the front plane of any building or structure related to the primary use of the property. An exception will be made to allow mobile food vendors to operate beyond the front plane of the building when a business or property has more than fifty (50) parking stalls (subject to staff review);
4. A minimum of five (5) dedicated parking spaces beyond those required for the primary business are required;
5. Fixed point mobile food vendors shall not operate before ten o'clock (10:00) A.M. or after ten o'clock (10:00) P.M. No vehicle, trailer or equipment related to mobile food vending operations shall be on the property from eleven o'clock (11:00) P.M. to eight o'clock (8:00) A.M.;
6. Fixed point mobile food vendors shall only be permitted to operate from March 1st through November 30th; and
7. A drawing to scale depicting the location of any vehicles or equipment used in the mobile food vending operation, including compliance with setbacks and dedicated parking spaces is required to be submitted with the application for a fixed point mobile food vendor permit.
C. Seasonal Vendors: Seasonal vendors are permitted on village property (including parks and the village hall property), as well as in B-2, B-3, and I-1 zoning districts, provided the location meets the following requirements:
1. Each vendor must receive written authorization from the property owner on a form provided or approved by the Village;
2. The entire vehicle, trailer, or cart must comply with all setback requirements for the zoning district in which the mobile food vending operation will occur. A minimum twenty-five foot (25') setback is required for any zoning classification if the required setbacks are less. The location of mobile food vending operations and equipment shall be entirely at or behind the front plane of any building or structure related to the primary use of the property. An exception will be made to allow mobile food vendors to operate beyond the front plane of the building when a business or property has more than fifty (50) parking stalls (subject to staff review);
3. A minimum of three (3) dedicated parking spaces for the Seasonal Vendor are required;
4. Seasonal vendors shall not operate before 8:00 a.m. or after 8:00 p.m.;
5. Seasonal vendors shall only be permitted to operate from April 1 through November 30;
6. A drawing to scale depicting the location of any vehicles or equipment used in the vending operation, including compliance with setbacks and dedicated parking spaces is required to be submitted with the application for a seasonal vendor permit;
7. Seasonal Vendors shall obtain a permit for each year and each location in which it intends to operate;
8. No overnight storage is permitted; and
9. The vendor stand shall be portable and removed by 9:00 p.m. each day.
D. General Requirements:
1. Signs: No free-standing signage, flags, banners and the like shall be allowed.
2. Public Health And Safety: All mobile food vendors shall meet public safety requirements, including health, sanitation, and fire and life safety requirements. Food may only be dispensed from a properly sanitized conveyance licensed by the Sangamon County Public Health Department. Applicants shall demonstrate proof of valid food safety permit from the Sangamon County Health Department and comply with all required regulations during the duration of the Village’s permit. Failure to maintain a food safety permit from the Sangamon County Health Department will result in an immediate termination of the Village’s mobile food vendor permit.
3. Fire And Life Safety: Requirements for fire and life safety shall generally be the same as those applied to other restaurants within the Village. Additionally, mobile food vendors preparing food on-site shall conform with NFPA standards for “Mobile and Temporary Cooking Operations” (NFPA 1: Fire Code, ch. 50.7 and annex “B”) and standards for “Ventilation Control and Fire Protection of Commercial Cooking Operations” (NFPA 96) and ensure gas or fuels are separated from the cooking/serving area ad smoke and carbon monoxide detectors are installed and functioning property.
4. Safety Inspections: Any vehicle over eight thousand (8,000) pounds and trailers with a gross weight over five thousand (5,000) pounds shall obtain an Illinois Department of Transportation Certificate of Safety. Safety inspections are required every six (6) months. Garages or service stations licensed by the Illinois Department of Transportation (IDOT) may conduct safety inspections.
5. Sight-Triangle: Vehicles and equipment shall be arranged so as not to limit sight of vehicles and drivers on Village streets.
6. Advertisement By Loud Noises Or Bright Lights: No mobile food vendor shall carry on its trade by means of loud outcries or other noises that unreasonably alarm residents of the Village. No mobile food vendor shall employ lights that create a nuisance across lot lines. Determination of nuisance or unreasonable alarm shall be made by the Village Administrator or his or her duly appointed agent or the Chief of Police or his or her duly appointed agent.
7. Sanitization: Mobile food vendors shall have access to a toilet with hand sanitization, within three hundred feet (300') of the portable vending operation, at all hours that the facility is open for business.
8. Waste: Mobile food vendors shall provide a stable waste receptacle that is emptied and maintained on a regular basis.
9. Electricity: If any power is required, it shall be protected with ground fault circuit interrupters and be provided through a properly sized, UL-approved card that is safely installed.
10. Inspection: Staff will conduct inspections to ensure compliance with the provisions of this chapter as necessary. A re-inspection fee of twenty-five dollars ($25.00) may be charged for failed inspections.
(Ord. 2020-3-2, 3-9-2020; Ord. 2021-6-2, 6-14-2021)