[Adopted 2-12-2024 by Ord. No. 1507]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
As used in this article, the following terms shall have the meanings indicated:
BRICK-AND-MORTAR BUSINESS
A business lawfully operating at a fixed location within a building in the Village limits.
DAY; YEAR
A day consists of a time period from 12:00 a.m. to 11:59 p.m., and a year shall be the Village fiscal year.
MOBILE FOOD VENDOR
A self-contained vehicle or trailer from which cooked, wrapped, packaged, or processed foods are sold for immediate consumption and which conducts all or part of its operations on premises other than its own and is readily movable, without disassembling, for transport to another location.
PUBLIC SPECIAL EVENT
An event or festival within the Village that is sponsored by the Village of Dwight and/or the event is publicized by the Village of Dwight. Unless otherwise stated, only Harvest Days and Buzz the Gut shall be considered special events.
PRIVATE PROPERTY SPECIAL EVENT
An event held on private property to which the mobile food vendor does not offer food or refreshments to the general public for consumption and does not receive pay or compensation from the general public.
PRIVATE PROPERTY EVENT FOR PUBLIC CONSUMPTION
An event held on private property to which the mobile food vendor offers food or refreshments to the general public for consumption and receives pay or compensation from the general public.
[Amended 9-24-2024 by Ord. No. 1523; at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
Notwithstanding as stated otherwise under the Village Code, all mobile food vendors that operate within the Village of Dwight, regardless of the length of time or type of event, must comply with all of the following regulations:
A. 
License. The mobile food vendor must have a Village of Dwight mobile food license as provided for in this article. If a mobile food vendor operates more than one vehicle or trailer, then each vehicle or trailer will require its own separate license. A mobile food vendor may apply for an annual license, a single-day license or a single-event license.
(1) 
An annual license will be valid in the Village limits for each fiscal year and may be used at any permitted location within the Village or for any private property special event.
(2) 
A single-day license is valid for a single day for a particular location, and may not be used for any other event or location. A mobile food vendor may apply for more than one single-day license throughout the fiscal year, but each single-day license requested will require separate application and separate license fee, if applicable.
(3) 
A single-event license is valid for up to three consecutive days and may not be used for any other event or location. A mobile food vendor may apply for more than one single-event license throughout the fiscal year, but each single-event license requested will require a separate application and a separate license fee, if applicable.
B. 
Locations. Mobile food vendors may operate on private property with permission of the owner or tenant. Mobile food vendors may operate on public property at properties identified by the Village Board.
(1) 
B-1 and B-3 District. Mobile food vendors shall not operate in the B-1 and B-3 Districts, except if the mobile food vendor is sponsored by a brick-and-mortar business located in the B-1 or B-3 District or during a public special event. The mobile food vendor may only operate during the regular business hours of the sponsoring brick-and-mortar business and may only park in the parking spaces located within the business property.
(2) 
DT-1 District. Mobile food vendors shall not operate in DT-1 Districts (except for the following properties: 101 West South Street, 100 West Mazon Avenue, and 114 West Mazon Avenue) unless for a public special event.
(3) 
Village property. Mobile food vendors shall not operate on Village property or public right of way except as identified by the Village. Mobile food vendors on Village property may not be located on public property or public right of way from the hours of 10: 00 p.m. to 6: 00 a.m. Any mobile food vendor who wishes to operate at one of the permitted and designated Village property areas or public rights-of-way must contact the Village Board to obtain a separate Village property license and the Dwight Police Department to restrict parking at the permitted location for the mobile food vendor's use.
C. 
Public special event restrictions. If a public special event is occurring, then mobile food vendors may not operate on any public property within the Village limits unless the mobile food vendor is an approved food vendor of the special event.
D. 
Service and traffic. All service to customers must be located on the curb side if parked next to a curb and must not obstruct or congest bicycle or pedestrian traffic on the sidewalks. If not parked next a curb, then service must not block, obstruct, or interfere with vehicular, bicycle or pedestrian flow. If a Dwight Police Officer finds the location and service of the mobile food vendor is blocking, obstructing, or interfering with vehicular, bicycle, or pedestrian flow and requests the mobile food vender to relocate, the mobile food vendor must comply with such request and move to another permitted location to avoid congestion or obstruction of traffic.
E. 
Trash receptacles. Trash receptacles must be present and provided by food truck vendor, and the food truck vendors must not leave until picking up, removing, and disposing of all trash.
F. 
Village's ordinances and fire department regulations. The mobile food vendor must comply with all of the Village of Dwight's ordinances, including all health, safety, and parking regulations applicable to mobile food vendors and must comply with all Fire Department guidelines. A designated individual from the Village and/or the Fire Department will be permitted to randomly inspect mobile food vendors to ensure all ordinances and regulations are being complied with while operating within the Village limits. Failure to permit an inspection by a designated individual from the Village and/or Fire Department may result in the suspension of the mobile food vendor license and penalties as later described.
G. 
County ordinances and regulations. The mobile food vendor must ensure they are following all Livingston and Grundy County Health Department regulations, including the Livingston or Grundy County Food Sanitation Ordinance, and all other health, safety, or sanitation codes applicable to mobile food vendors, as based on their location.
H. 
State regulations. The mobile food vendor must ensure they are following the Illinois Department of Public Health Food Service Sanitation Code and all other state health, safety, or sanitation requirements applicable to mobile food vendors.
I. 
Sales and use taxes. All sales by the mobile food vendor that are subject to the sales and use tax and occur within the Village must be reported and the required payment made to the State of Illinois, including any applicable municipal taxes, and must identify the Village as the point of sale.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
To receive a Village of Dwight mobile food vendor license, the vendor must supply the Village with the following items:
A. 
Application. An application on a form prescribed by the Village, which must contain the following information:
(1) 
Name, address, phone number, and email of the individual that operates the vehicle or trailer;
(2) 
The name of the mobile food vendor, a description of the vehicle or trailer, and the type of food and/or beverages that will be served to customers;
(3) 
Name, if any, of the limited-liability company or corporation that owns or operates the vehicle or trailer, if different from the name of the mobile food vendor;
(4) 
The license plate number of the vehicle or trailer used to serve customers; and
(5) 
Whether the applicant desires an annual license or a single-event license. If a single-event license is desired, the applicant must state or describe the event for which the license is being requested.
B. 
Documentation. The following documents must be submitted with the application, and the failure to submit any of the following documents will result in the denial of the food vendor license:
(1) 
A copy of the driver's license of the individual that will be operating the vehicle or trailer;
(2) 
A liability insurance policy covering the subject vehicle or trailer;
(3) 
A copy of the vehicle or trailer's registration;
(4) 
A copy of the food handler's certificate for each employee as required by the Illinois Department of Public Health; and
(5) 
A copy of the proper mobile food license issued by the Livingston or Grundy County Health Department.
C. 
Fee. The following fees shall apply and be non-refundable:
(1) 
If an event is held on private property for a private property special event, and no food or refreshments are offered to the general public for consumption, the application fee shall be waived.
(2) 
If an event is a public special event or a private property event for public consumption, the following fees shall apply:
(a) 
Application fee for an annual license shall be $500 per fiscal year.
(b) 
Application fee for a single-day license shall be $50 per day.
(c) 
Application fee for a single-event license of one to three consecutive days shall be $125.
(3) 
Village property.
(a) 
In addition to the application fee, a license for Village-owned property shall be $50 per day, per location. Sign-ups will be on a first-come-first-served basis, with sign-ups to be made at the Village Hall. Sign-ups made more than two weeks in advance have a maximum of five days signed up per food truck vendor; however, sign-ups for dates to occur less than one week from the date of sign-up do not have a maximum allowable days to sign up.
(b) 
By way of example only, on January 10, Vendor-A may go into the Village Hall to pay $500 for an annual license. While Vendor-A is there, Vendor-A also signs up for five days on public property for July 1through 5, thereby signing up for five total days on public property, at an additional cost of $250 ($50 per day). On June l, Vendor-A may go to Village Hall and sign up for July 6 through 7, if no other vendor has signed up for those days, for an additional cost of $100 ($50 per day). As such, Vendor-A has paid $500 for an annual pass on private property and $350 for seven days on public property.
In all subsequent years, the applicant must file a new application each fiscal year to cover such vehicle or trailer and provide all the necessary documents and application fee(s).
The mobile food vendor's license issued hereunder is not transferable to any other individual, partnership, firm, corporation, trust, association, or other entity.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
An annual license or single-event license issued under this article may be suspended or revoked by the Village President if the Village President finds:
(1) 
The mobile food vendor failed to permit an inspection by a designated individual from the Village and/or Fire Department.
(2) 
The Village and/or Fire Department personnel determined after an inspection the mobile food vendor is not operating in a manner that is safe to the health, safety, and welfare of the public.
(3) 
The mobile food vendor is operating in a location within in the Village of Dwight that is not permitted.
(4) 
The mobile food vendor failed to abide by a Dwight police officer's request to relocate due to the mobile food vendor blocking, obstructing, or interfering with vehicular, bicycle, or pedestrian flow.
(5) 
The operator of the vehicle or trailer of the mobile food vendor is convicted of moving violations while operating under the mobile food vendor license and in the Village of Dwight.
(6) 
The mobile food vendor has failed to maintain all the certificates, licenses and permits required by state, county, or local ordinances or is not in compliance with the state, county, or Village's laws and regulations, including but not limited to Livingston or Grundy County's Food Sanitation Ordinance, as the case may be due to the location of the mobile food vendor, and the Illinois Department of Public Health Food Service Sanitation Code and any other state, county or Village regulations that apply to mobile food vendors.
B. 
Appeal. If the Village President suspends or revokes the mobile food vendor's license, Village staff will mail a notice of suspension or revocation to the address listed on the license application and will state the reasons for the suspension or revocation. A licensee may appeal a decision of the Village President to the Village council within 14 days of the mailing date. The decision of the Village council will be a final decision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
Operating without a valid license. In addition to other penalties provided for in this article, any person, partnership, firm, corporation, trust, association, or other entity who operates without a valid food vendor's license will be subject to the penalty prescribed in § 1-12 of this Code. A separate offense will be deemed committed each day the violation occurs or continues to occur.
B. 
Other violations. Except for an operating without a valid license violation, any person, partnership, firm, corporation, trust, association or other entity who violates any of the other provisions of this article will be fined as established in Chapter 1, Article III, of this Code. A separate offense will be deemed committed each day the violation occurs or continues to occur.