Village of Coal City, IL
Grundy County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Coal City 4-11-2011 by Ord. No. 11-13. Amendments noted where applicable.]
GENERAL REFERENCES
Solicitors — See Ch. 115.
For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ITINERANT RESTAURANT
Any person or company traveling from place to place upon the public highways and within the Village who or which shall operate as a mobile restaurant or vendor that sells hot food items and that may also sell cold or frozen items.
[Amended 7-27-2016 by Ord. No. 16-16]
MOBILE VENDOR
Any person or company traveling from place to place upon the public highways, utilizing a vehicle licensed to operate on the public roads by the State of Illinois, and within the Village that sells cold or frozen food items only.
SPECIAL EVENT
An event conducted by an educational, fraternal, political, civic, business, religious or nonprofit organization and which shall operate under the terms and conditions provided in this chapter.
A. 
It shall be unlawful for any person or company, except those expressly exempted in this chapter, to operate as an itinerant restaurant or as a mobile vendor within the Village without having first applied for, obtained, and maintained a valid permit as hereinafter provided.
B. 
Each person issued a permit shall prominently display the permit issued hereunder on his or her person while operating as an itinerant restaurant or mobile vendor within the Village.
A. 
No person or company shall operate as an itinerant restaurant unless:
(1) 
Hot food items are stored and prepared in compliance with all health and safety regulations for the reduction of any health risk;
(2) 
Any and all applicable permits or licenses are held by the vendor from applicable heath departments, including permits required from any municipality, county, state or other entity;
(3) 
The vehicle is licensed to operate on public roads;
(4) 
The mobile vendor does not locate at any permanent location within the Village; and
(5) 
The mobile vendor does not block the flow of traffic on the Village streets or sidewalks.
B. 
Any cold or frozen food items sold by an itinerant restaurant must be stored in a refrigerated storage unit or similar unit or system designed to keep said food items cold or frozen at temperatures that are in compliance with all health and safety regulations for the reduction of any health risk.
C. 
Any person or company seeking to operate as an itinerant vendor within the Village shall first obtain a permit and must pay an annual fee of $300. The permit shall set forth the name of the person or company (and responsible agent) operating the itinerant restaurant, the locations where the itinerant restaurant will operate (including potential route information), the hours of operation and the types of hot, cold and/or frozen food products to be sold.
[Amended 7-27-2016 by Ord. No. 16-16]
A. 
No person or company shall operate as a mobile vendor that sells cold or frozen items unless:
[Amended 7-27-2016 by Ord. No. 16-16]
(1) 
Said cold or frozen food items are stored in a refrigerated storage unit or similar unit or system designed to keep said food items cold or frozen at temperatures that are in compliance with all health and safety regulations for the reduction of any health risk;
(2) 
Any and all applicable permits or licenses are held by the vendor from applicable heath departments, including permits required from any municipality, county, state or other entity;
(3) 
The vehicle is licensed to operate on public roads;
(4) 
The mobile vendor does not locate at any permanent location within the Village; and
(5) 
The mobile vendor does not block the flow of traffic on the Village streets or sidewalks.
B. 
Any person or company seeking to operate as a mobile vendor that sells cold or frozen food items within the Village shall first obtain a permit and must pay an annual fee of $300. The permit shall set forth the name of the person or company (and responsible agent) operating the mobile vendor, the locations where the mobile vendor will operate (including potential route information), the hours of operation and the types of cold or frozen food products to be sold.
A. 
Applications to operate as a mobile vendor or itinerant restaurant shall be made in writing, notarized, on a form provided by and filed with the Village Administrator. Each applicant shall state the following information under oath:
(1) 
The applicant's full name, all addresses of applicant's residences during the past two years, the length of time of the applicant's residence at each address, and the applicant's business address if other than his or her current residence address;
(2) 
The applicant's place and date of birth, driver's license number and state of issuance or current state or federal identification card and physical description;
(3) 
The name and address of the business or other person or entity by whom the applicant is employed or whom the applicant represents, and the initial date of such employment or representation and a list of all employees, partners or agents that will be handling or serving food items within the Village. The names of other employees added shall be provided to the Village at least 10 days prior to their start date, and they shall be subject to the regulations and restrictions of this chapter;
(4) 
Whether the applicant seeks to operate as a mobile vendor or itinerant restaurant;
(5) 
Description of the food items that will be sold by the itinerant restaurant or mobile vendor and how said food items are stored and prepared;
(6) 
Information regarding any conviction of any felony or misdemeanor involving dishonesty, theft, fraud, false statements, a threat to public safety, or a crime involving sex offenses or offenses involving bodily harm against persons under the laws of this state or any other state or federal law of the United States within five years of the date of the permit application; and
(7) 
Information as to whether a similar permit has been previously issued to the applicant by any other jurisdiction, and if so, whether the permit was ever revoked.
B. 
The information set forth in Subsection A(1), (2), and (6) above must also be provided for any employee of a company, partner or other person operating or working for a mobile vendor or itinerant restaurant that is handling or preparing food items or selling same within the Village. For purposes of this chapter, these persons shall be considered "employees."
C. 
The Village Administrator shall cause to be kept in his or her offices an accurate record of every application received and acted upon, together with all other information and data pertaining thereto, and copies of all permits issued under the provisions of this chapter. Applications for permits shall be numbered in consecutive order, as filed, and every permit issued and any renewal thereof shall be identified with the duplicate number of the application upon which it was issued. Copies of all applications shall further be provided to the Chief of Police, who shall conduct a background examination on the applicant.
A. 
Upon receipt of a completed application for a permit, the Chief of Police, or an authorized agent, shall cause an investigation to be made as to the applicant's (and any employees') criminal record, if any, and compliance with all applicable laws and ordinances of the state and the Village. Applicants (and employees) shall cooperate with such investigation and furnish such additional information as may be reasonably requested by the Chief of Police or an authorized agent in furtherance of said investigation. The results of the investigation shall be delivered to the Village Administrator.
B. 
Within five business days of receiving an application, or within such extended time period as may be necessary, the Village Administrator, or an authorized agent, shall issue a permit if a determination is made that:
(1) 
The material statements made in the application are true;
(2) 
The applicant (and employees where applicable) has not been convicted of any felony or misdemeanor involving a threat to public safety or a crime involving sex offenses or offenses involving bodily harm against persons under the laws of this state or any other state or federal law of the United States, within five years of the date of the permit application;
(3) 
The applicant has not had a previously issued permit revoked by the Village or by any other municipality within five years of the date of the application; and
(4) 
The applicant has not been convicted of violating any provisions of this chapter within five years of the date of application.
C. 
All permits issued hereunder shall be valid for one year after the date of issuance. An expired permit may be renewed under the same terms and conditions as the original application and will be subject to the same fees.
If the Village Administrator, or an authorized agent, determines and finds that the applicant (or employees where applicable) has not met one or more of the above conditions, the Village Administrator, or any authorized agents, shall deny issuance of the permit and shall give written notification of such denial to the applicant. Such notice shall be delivered in person or by U.S. mail addressed to the residence address set forth in the permit application, stating the action taken and the reasons supporting such action.
A. 
Any permit issued hereunder may be revoked by the Village Administrator, or an authorized agent, if the holder of the permit (or an employee):
(1) 
Violates any of the provisions of this chapter;
(2) 
Has made a false statement or misrepresentation in the permit application;
(3) 
Transfers any permit issued hereunder to a person other than the person to whom the permit was issued;
(4) 
Uses or allows the use of a permit by any person other than the person to whom the permit was issued, not including employees;
(5) 
Conducts activities in an unlawful manner or in such manner as to create a public nuisance or in such a way as to constitute a danger to the health, safety or welfare of the public; or
(6) 
Is convicted of any felony related to a health or public safety issue subsequent to the issuance of the permit.
B. 
Immediately upon such revocation, written notice thereof shall be given by the Village Administrator, or an authorized agent, to the permit holder, in person or by U.S. mail addressed to the residence address set forth in the permit application, stating the action taken and the reasons supporting such action. Immediately upon the delivery or mailing of such notice, the permit shall become null and void.
A. 
Any person denied a permit hereunder or whose permit has been revoked may appeal to the Village President by filing a written notice of appeal as set forth in Subsection B below.
[Amended 7-27-2016 by Ord. No. 16-16]
B. 
Appeals must be taken in writing and must be filed with the Village Administrator within 10 business days after revocation or denial of the permit and shall contain a statement setting forth the grounds for the appeal. The appealing party shall submit with the written appeal whatever documentation he or she desires to have the Village President consider.
C. 
The written decision of the Village President shall be made available to the appealing party not later than 10 business days after the Village President receives the written appeal.
D. 
The decision of the Village President is final. No new application for a permit will be considered for six months after denial or revocation, unless said denial or revocation is without prejudice or is conditional and the conditions have been satisfied as determined by the Village President.
The following are exempt from the provisions of this chapter:
A. 
Persons or companies engaged in deliveries of foodstuffs on regularly established routes having an established list of customers to whom they make periodic deliveries; and
B. 
Itinerant restaurants or mobile vendors operating at a special event where approved by the sponsor of the event and at the special event location. Said operation must be limited to the duration of the special event and the use must not interfere with pedestrian or street traffic. In addition, itinerant restaurants operating at special events must store and prepare food items at temperatures to reduce any health risk and must follow any and all other public health safety guidelines. Special events are limited to three days per event and, for purposes of this exemption, no single entity or person shall hold more than five special events per year. All special events must be registered with the Village, at least 48 hours in advance of the special event, on a form to be prescribed.
[Amended 7-27-2016 by Ord. No. 16-16]
Whoever violates any provisions of this chapter for which no other penalty is specified shall be subject to the penalty set forth in § 10-99 of the Code.