[Adopted 9-6-2016 by Ord.
No. 7289; amended in its entirety 9-19-2023 by Ord. No. 7965]
For purposes of this article, the following terms shall have
the meanings indicated:
A food kiosk or food booth utilizing a temporary structure
to cook, prepare, and sell food.
A nonmotorized self-contained enclosed trailer that is equipped
with facilities for cooking, preparing, and/or selling food.
A motorized vehicle that is equipped with facilities for
cooking, preparing, and selling food.
A person, sole proprietorship, partnership, corporation,
limited-liability company or other legal entity which sells food for
human consumption from a food truck, food trailer or food stand.
See Chapter 453 for the definition of a special event and for special event approval.
A.
It shall be unlawful for any food vendor to sell food for human consumption
from a food stand, food trailer or food truck upon private property
unless such food vendor holds a valid and current permit for such
sale which has been issued in accordance with the provisions of this
article, or in the event the person has a valid current permit, in
violation of the terms of such permit.
B.
Food vendors on private property. Food vendors that request to operate
on private property shall submit an application for a food vendor
permit to the Community Development Department upon such forms as
may be approved by the Director of Community Development.
(1)
Each food vendor operating on private property requires an annual
permit issued in accordance with this article.
(2)
A separate permit shall be required for each food truck, food trailer
or food stand operated by the food vendor.
(3)
At time of application, food vendors must provide the Director of
Community Development with evidence of written authorization from
the owner of each property upon which the food vendor intends to sell
food, as well as a site plan for each location upon which such sales
shall be conducted. Food vendors may not engage in the sale of food
upon any property not identified in the application or not in accordance
with the submitted site plans, unless approved by the Director of
Community Development.
All food trucks, food trailers and food stands are subject to
the following conditions:
A.
All permits for operating as a food vendor will be valid for one
year with an effective date of January 1 and an expiration date of
December 31.
B.
Food vendors may operate on private property in any zoning district
other than residential districts, except that such operations may
take place within residential districts as part of an approved special
event.
C.
Food vendors may not operate within the City for more than eight
hours during any twenty-four-hour period, but in no case to exceed
the hours of operation for the business on the property for which
the food vendor is located, with the exception of food vendors operating
as part of an approved special event.
D.
The food vendor's Illinois business tax (IBT) number shall be
provided to the Finance Department. The point of sale shall be noted
as Crystal Lake for sales tax.
E.
Proof of McHenry County Health Department approval must be provided
to the Community Development Department prior to beginning operation.
F.
Food vendors operating from food stands utilizing tents or canopies
shall comply with the requirements as published by the Fire Rescue
Department.
G.
All food trucks and food trailers shall be required to have an annual
inspection by the Fire Prevention Bureau prior to use within the City.
H.
If liquid propane gas is used, the following conditions shall be
met:
(1)
Cooking and warming equipment shall be in good working condition
and cleaned of grease or other combustible material.
(2)
Portable liquid propone gas containers, piping, valves and fittings
which are located outside and are being used to fuel equipment shall
be adequately protected to prevent tampering, damage by vehicles or
other hazards and shall be located in an approved location. Portable
liquid gas containers shall be securely fastened in place by use of
an approved method to prevent unauthorized movement, tipping, or regulator
damage.
(3)
Fittings, valves, and hoses used with liquid propone gas equipment
shall be maintained in good working condition. When, in the opinion
of the Fire Code Official, an unsafe condition exists with the fitting,
valve, or hose used by the equipment, it shall be replaced or the
equipment shall not be used.
(4)
Liquid propane gas containers shall be stored within a suitable enclosure
or otherwise protected against tampering.
(5)
A Type I hood shall be installed at or above all commercial cooking
appliances and domestic cooling appliances used for commercial purposes
that produce grease-laden vapors. (Reference: 2018 IFC Section 607.)
(6)
Combustible materials shall be kept a minimum of three feet from
cooking appliances.
(7)
Provide a fire extinguisher of minimum size 2A10BC in the cooking
area. Cooking equipment involving vegetable or animal oils and fats
shall be protected by a Class K rated portable fire extinguisher.
I.
Food vendors must provide receptacles for refuse and properly dispose
of all waste.
J.
Food vendors must provide evidence of insurance.
K.
Food vendors must comply with all noise regulations of the City.
L.
Food vendors may not provide seating or tables for their customers,
with the exception of food vendors operating as part of an approved
special event.
M.
Food vendors are allowed to display signage that is painted or permanently
affixed to the food truck, food trailer or food stand. Food vendors
are not allowed to display any additional signs, such as freestanding
sandwich boards.
N.
Food vendors may not have amplified sound or music emanating from
the vehicle.
O.
As part of the application, the applicant shall provide a site plan
that shows the location that the food vendor will operate.
P.
Food trucks, trailers, and stands shall be located on a suitable
surface, as determined by the City Engineer, for the duration of its
operation.
Q.
Food vendors shall be not be allowed to operate a food truck, food
trailer or food stand within fire lanes, handicap parking spaces,
or in any other location that will impede traffic flow or create unsafe
conditions for pedestrians.
The fee for each permit required by this article shall be $50.
All fees required pursuant to this article shall be paid to the Director
of Finance of the City of Crystal Lake.
A.
Food vendors shall be exempt from obtaining a permit under one or
more of the following conditions:
(1)
The food vendor is operating under contract with the City of Crystal
Lake.
(2)
The food vendor is contracted by the Crystal Lake Park District and
operating solely on Park District property.
(3)
The food vendor is contracted by an educational institution approved
or authorized by the State of Illinois and operating solely on their
property.
(4)
The food vendor is operating as part of an approved special event. This exemption shall not permit the operation by food vendors upon public streets, sidewalks or property owned by the City of Crystal Lake unless such operation is expressly authorized by a special event permit issued pursuant to Chapter 453.
(6)
The food vendor is operating under contract by another governmental
entity and operating solely on the government entity's property.
An applicant may be denied a food vendor permit under any of
the following conditions:
The Director of Community Development may revoke any issued
food vendor permit under any of the following conditions:
A.
The applicant is found in violation of this article, or of the statute
of the State of Illinois or ordinances of the City of Crystal Lake
relating to the public health, safety, or fire protection.
B.
The applicant has made a false material statement in the application.
C.
The applicant fails to comply with any of the provisions of this
article or the terms or conditions of the permit issued pursuant to
this article.
D.
The property owner communicates to the City in writing that the food
vendor no longer has permission to operate.
