[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:
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]
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.
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.
