[Ord. No. 1998-44; amended 10-14-2024 by Ord. No. 2024-079]
LICENSE YEAR
A license year for purposes of this Division shall be from the period of May 1 to April 30.
MOTOR VEHICLE
Any vehicle used for the displaying, storing or transporting of articles offered for sale by a vendor which is required to be licensed and registered with the Secretary of State of Illinois. The term is to include trailers, trucks and automobiles.
SITE
The total area occupied by a street and sidewalk vendor, including the stand and auxiliary tables, the place where the employees stand and the place where goods and equipment are stored or displayed.
STAND
Any table, showcase, bench, rack, pushcart, wagon or any other wheeled vehicle or device which may be moved without the assistance of a motor and which is not required to be licensed and registered with the Secretary of State of Illinois.
STREET AND SIDEWALK VENDOR
Any person engaged in the selling, or offering for sale, of food, beverages, goods wares or merchandise on the public streets, sidewalks or rights-of-way from a stand, motor vehicle or from his person by locating the same in a fixed location for a period of time rather than by going from place to place within the City.
A. 
License required. No person may engage in the business of a street and sidewalk vendor without first obtaining a license to do so.
[Ord. No. 1998-44]
B. 
Exception. Persons with sidewalk cafe permits as provided in Division 3 of this article or who are registered as solicitors as provided in Chapter 33, § 33-102, of this Code shall not be required to obtain a vendor's license.
[Ord. No. 2006-6]
C. 
Application. An application for a vendor's license shall be made in writing to the City Clerk which shall set forth the following:
(1) 
The name of the individual applying for the license.
(2) 
The residence, telephone number and driver's license number of the applicant.
(3) 
The address of the principal place of business of the applicant and its telephone number.
(4) 
The State of Illinois sales tax identification number to be used by the applicant.
(5) 
If the applicant is employed by another person or entity, the name of the employer, its address and telephone number.
(6) 
The type of goods, wares or merchandise to be sold or offered for sale.
(7) 
The location where the applicant plans to sell his goods, wares or merchandise.
(8) 
Whether the applicant has been convicted of a criminal offense or ordinance violation (other than traffic or parking offenses) in any jurisdiction and, if so, a list of such convictions with date and prosecuting jurisdiction.
(9) 
For sites abutting property upon which there is located a structure which is occupied by a single business, a signed consent by said occupant that the same approves of the vendor being outside their business. For other sites, a signed consent by the owner(s) of the property abutting the requested location that they approve of the vendor being outside of their property.
[Ord. No. 1998-44]
D. 
Fees:
(1) 
For locations in downtown business district, the applicant shall pay to the City Clerk prior to filing an application a fee in an amount as set forth in the Schedule of Fees per license year which shall be prorated for any full calendar months which have expired during the license year and which will be refunded if the license is denied.
(2) 
For locations outside the downtown business district, the applicant shall pay to the City Clerk prior to filing an application, a fee in an amount as set forth in the Schedule of Fees per calendar year or part thereof which will be refunded if the license is denied.
(3) 
Should the applicant plan to operate for a period of less than one week whether in the downtown business district or elsewhere, the applicant shall pay to the City Clerk prior to filing an application, a fee in an amount as set forth in the Schedule of Fees.
[Ord. No. 2018-89]
[Ord. No. 1998-44]
Upon receipt of an application for a license, the City Clerk shall cause a copy of the application to be sent to the Police Chief who shall report back to the City Clerk within 15 days whether the applicant meets the requirements for issuance of the license.
Upon receipt of the report from the departments referred to in § 38-924, the City Clerk shall issue the license unless she shall find that:
A. 
The applicant is under the age of 18.
B. 
The applicant has been convicted within the last five years of any felony.
C. 
The applicant or his employer has had a license issued pursuant to this chapter revoked for cause.
D. 
The location requested by the applicant is improper for a street and sidewalk vendor as set forth in § 38-927 of this Division or that another person is licensed for said location.
[Ord. No. 1998-44]
A. 
Minimum requirements for vendor locations. No street and sidewalk vendor's license shall be issued for any location which does not meet the following criteria:
(1) 
For sidewalk locations, the paved pedestrian area must be at least 10 feet wide.
(2) 
For street locations, the paved street must be at least 32 feet wide.
(3) 
Locations on a street corner shall not be within 30 feet of the intersection of the street curblines. Further, locations shall not be within 30 feet of another licensed location.
(4) 
The location shall not be within 100 feet of a park, playground or school.
(5) 
No location shall be granted adjacent to or within a designated bus stop.
(6) 
No location shall be granted within 150 feet of property which has a valid building permit if the construction on said property would endanger the health and safety of those patronizing the vendor.
(7) 
Licensees whose sites abut property upon which there is located a structure which is occupied by a single business shall have written consent of said occupant. Otherwise, the licensee shall have the written consent of the property owner(s) abutting his site.
[Ord. No. 1998-44]
B. 
Assignment of sidewalk locations in the downtown business district.
(1) 
As used in this Division, the phrase "downtown business district" shall mean the following described territory or district: Locust Street, Main to Center, Madison Street, Locust to Olive, Prairie Street, Locust to Olive, Olive Street, Center to East.
(2) 
No person shall hold more than two licenses in the district. Any locations remaining unlicensed shall be assigned to applicants on a first-come basis. Persons renewing their licenses will be given preference to relocate at their prior site if they apply for renewal prior to November 1 before the year for which the license is requested.
[Ord. No. 1998-44]
C. 
Assignment of other locations. Upon applying for a license under this Division for a street location or a sidewalk location outside of the downtown business district, the applicant shall state the location where he desires to locate. Thereafter, persons renewing their license for the succeeding year will be given preference to relocate at their prior site if they apply for renewal prior to February 1 of the year for which the license is requested.
[Ord. No. 1998-44]
[Ord. No. 1998-44]
Every license issued under this Division shall be permanently affixed to the stand or vehicle of the sidewalk or street vendor, respectively, by its own adhesive in a prominent location.
A. 
No licensee shall sell or offer for sale goods, wares or merchandise other than at the location approved by the City.
[Ord. No. 1998-44]
B. 
No one shall engage in the business of a street and sidewalk vendor between the hours of 10:00 p.m. and 10:00 a.m.
[Ord. No. 1998-44]
C. 
No licensee shall leave any stand unattended.
[Ord. No. 1998-44]
D. 
No licensee shall store, park or leave any stand on any street, sidewalk or public right-of-way.
[Ord. No. 1998-44]
E. 
No licensee shall park any motor vehicle other than in a lawful parking place in conformance with City and State parking regulations.
[Ord. No. 1998-44]
F. 
All licensee selling food and beverages for immediate consumption shall have available for public use their own 32 gallon litter receptacle which is available for the patrons' use.
[Ord. No. 1998-44]
G. 
No licensee shall leave his location without first picking up, removing and disposing of all trash or refuse from the sales made by him. No licensee shall dispose of trash or refuse in the public receptacles.
[Ord. No. 1998-44]
H. 
No licensee shall solicit or conduct business with persons in motor vehicles.
[Ord. No. 1998-44]
I. 
No licensee shall sell anything other than which he stated in his license application.
[Ord. No. 1998-44]
J. 
No licensee shall occupy a site which is greater than 50 square feet in size or which leaves less than eight feet for pedestrian travel. When set up by the licensee, a stand shall be placed at the property line and not at the curbline.
[Ord. No. 1998-44]
K. 
No licensee shall sell food or beverages without first obtaining a license to do so from the County Health Department.
[Ord. No. 1998-44]
L. 
No licensee whose location is beneath any tree shall cook food at the licensed site. Only warming of food shall be permitted.
[Ord. No. 1998-44]
M. 
No licensee shall deface, mar, mark, damage or destroy the public right-of-way. All stains from cooking, wheels, spillage or any other cause shall be removed within two days. All stands shall provide a protective pad under their site to protect the sidewalk.
[Ord. No. 1998-44]
Any motor vehicle used by licensee's to make sales by going from place to place within the City of Bloomington shall be conspicuously and permanently marked with the following information:
A. 
The name and license number of the person owing or operating such vehicle;
B. 
Words, lettering, pictures or designs allowing persons to readily identify such vehicle and its use;
C. 
The admonition to motorists to be watchful for children in the area of such vehicle; and
D. 
Which parked and in use shall have in operation flashing amber lights visible from the front and rear of such vehicle.
[Ord. No. 2006-6]
Any street and sidewalk vendor's license may be revoked or suspended for a period not to exceed 30 days by the City Manager if the City Manager shall find after a hearing that:
A. 
The licensee has violated any of the provisions of this chapter, the laws of the State or the ordinances of the City while engaged in the business of a street and sidewalk vendor.
B. 
The licensee has been convicted of any offense set forth in Section 168 of this Division.
C. 
The licensee has knowingly furnished false or misleading information or withheld relevant information on any application for a license or in an investigation into any such license. Prior to holding a hearing concerning the question of whether a license issued pursuant to this chapter shall be revoked or suspended, the City Manager shall give at least 10 days' written notice to the licensee setting forth the alleged violations specifically. The licensee may present evidence at such hearing and cross-examine witnesses.
[Ord. No. 1998-44]