[HISTORY: Adopted by the City Council of the City of Crystal Lake as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-19-1993 (Art. IV, Ch. I, Section D, of the 1993 Code)]
It shall be unlawful to use or permit the use of any vehicle, including wagons and motor vehicles propelled by human power, for the storage or carrying of any meat, poultry, fish, butter, cheese, lard, vegetables, bread or bakery products or any other provisions intended for human consumption, including beverages, in the City for the purpose of delivering any such foodstuffs to any place in the City for use and consumption at wholesale or retail, unless a license for such vehicle is first secured and the provisions of this article are fully complied with.
Applications for such licenses shall be made to the City Clerk and shall recite the name and address of the owner of the vehicle, the name or names of the persons from whom such deliveries are made, and the nature of the goods carried. The City Clerk or his/her designated representative shall issue such licenses and shall give to the City Manager a list of all such licenses issued.
The annual fee for such licenses shall be $50 for each vehicle. Such fee shall be paid to the City Clerk at the time application is made.
The year for which a fee shall be valid shall commence on June 1 and end on May 31 of the succeeding year.
No license fee shall be required for any vehicle used to deliver foodstuffs from any establishment which is licensed and inspected as a food dealing establishment in the City but all provisions of this article, other than that providing for the payment of a fee, shall be complied with in connection with such vehicles.
All such vehicles shall be kept in a clean and sanitary condition and shall be thoroughly cleaned each day they are so used. It shall be unlawful to permit stale food, decaying matter, or any other waste material or produce to accumulate in or on any such vehicle while it is so used. If unwrapped foodstuffs are transported in any such vehicles, such goods shall be carried in a portion or compartment of the vehicle which is screened and protected against dust and insects.
Readily perishable foods or beverages, while in transit, shall be maintained at a temperature of not less than 35° F. and not more than 50° F. and for frozen foods at not more than 32° F. The compartments in vehicles used for carrying such foods shall be so constructed, equipped and maintained as to preserve the temperature as above indicated for the respective types of food.
It shall be the duty of the City Manager to make or cause to be made such inspections as may be necessary to ensure compliance with the provision of this article.
[Adopted 8-17-1999 by Ord. No. 5192 (Art. IV, Ch. I, Section G, of the 1993 Code)]
[Amended 7-21-2009 by Ord. No. 6484; 4-2-2013 by Ord. No. 6920]
As used in this article, the following terms shall have the meanings indicated:
- Motor vehicles or devices moved by human power which are not more than 117 inches in height at their highest point from the ground, not more than 97 inches in width at their widest point, and not more than 261 inches in length at their longest point with a wheel base not to exceed 140 inches; a front track not to exceed 78 inches; rear track not to exceed 78 inches.
It shall be unlawful to use or permit the use of a vehicle for the storage or carrying of ice cream or related products for sale at retail upon the streets of the City of Crystal Lake without having first obtained a license to do so and fully complying with the provisions of this article.
Applications for such licenses shall be made in writing to the City Manager or his/her designee, and shall be subject to the approval of the Mayor and City Council. The application shall be under oath and shall state as follows:
The name, address and statement of legal age of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits thereof, and in the case of a corporation for profit or a club, the date of incorporation, the objects for which it was organized, the names and addresses of the officers and directors, owned by one person or his/her nominees, the name and address of such person.
The citizenship of the applicant, place of birth, and if a naturalized citizen, the time and place of naturalization.
The character of business of the applicant; and in the case of a corporation, the objects for which it was formed.
The length of time that said applicant has been in business of that character, or in the case of a corporation, the date on which its charter was issued.
The location and description of the premises or place of business which is to be operated under such license.
A statement whether applicant has made similar application for a similar other license on premises other than described in this application, and the disposition of such application.
A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this article, laws of this state or the ordinances of this City.
Whether a previous license by any state or subdivision thereof or by the federal government has been revoked and the reasons therefor.
The number of trucks intended to be operated under the proposed license and the vehicle identification number of each truck.
A waiver signed by the owner and the driver authorizing the City to conduct a background check on each driver including any replacement drivers who will operate the trucks. No driver shall operate any trucks within the City until the City completes a background check satisfactory to the City. The owner shall furnish a list of the drivers who will be operating the trucks including their names and addresses and a statement that each driver has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this article, laws of this state or the ordinances of this City.
That the license to be issued upon the application is and will be subject to revocation by the Mayor and City Council.
A copy of all required Health Department permits.
[Amended 3-2-2010 by Ord. No. 6536]
No such license shall be issued to or held by any person or driver who is not a person of good character or who has been convicted of a felony within the past five years, or must register as a sex offender as required by the Sex Offender Registration Act, 730 ILCS 150; nor shall such license be issued to or held by any corporation if any officer thereof would be ineligible for a license under the foregoing conditions. A criminal background fingerprint check will be performed by the Chief of Police, or his/her designee, through the Illinois State Police, Bureau of Identification, and the Federal Bureau of Investigation's database systems. A fee of $50 shall be paid by the company or the individual for each individual for whom a background investigation must be conducted.
It shall be unlawful for any driver of a vehicle while on duty to drink any intoxicating liquor or alcoholic beverage, to use any profane or obscene language, to shout or call to prospective customers, or to disturb the peace in any manner. The licensee shall submit a list of drivers to the City Manager or his/her designated representative upon application for a license and at such other time as the City Manager or his/her designated representative shall request.
There shall be no more than three ice cream vendor business licenses in the City of Crystal Lake each with no more than two vehicles, and no person, firm or corporation shall be issued more than one license. No license shall be issued to any person, firm or corporation which does not have ice cream vehicles in service. The allowed number of business licenses or the number of trucks permitted per licensee may be increased or decreased by ordinance passed and approved by the Mayor and City Council.
No ice cream vehicle shall be operated unless it bears a state license duly issued, and no such ice cream vehicle shall be operated unless it is equipped with proper brakes, lights, tires, horn, muffler, rear vision mirror and windshield wipers in good condition. It shall be the duty of the owner to furnish to the City an inspection of each ice cream vehicle at least on an annual basis to submit a certificate of safety indicating that the ice cream vehicle is in a safe mechanical condition. No ice cream vehicle shall be operated upon the streets of the City if the inspection indicates that the ice cream vehicle is not in a safe mechanical condition and until it has been repaired, submitted for retesting and a certificate issued indicating that it has no mechanical defects.
Each ice cream vehicle, while operated, shall have on each side, in letters readable from a distance of 50 feet, the name of the licensee operating it. Each ice cream vehicle shall also have a driver's identification card, including a picture of the driver, prominently displayed so that it is clearly visible to the customers. If more than one ice cream vehicle is operated by a licensee, each ice cream vehicle shall be designated by a different number, and such number also shall so appear on each side of such ice cream vehicle.
A license shall be purely a personal privilege, good for not to exceed one year after the issuance. The one-year period shall be from the first day of April of each year to the 15th day of October of each year unless sooner revoked or suspended as herein provided. Licenses issued after the first day of April of any year shall pay the full license fees as provided. A license shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to be encumbered or hypothecated. Such license shall not descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that the executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, may continue the business under order of the appropriate court and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy, until the expiration of such license. In no event shall there be any refund of any portion of any license fee paid.
The licensee shall be permitted to sell ice cream products from the licensed vehicles between the hours of 12:00 noon and 8:00 p.m. or dusk, whichever is earlier, during the license period. All sales must be conducted from licensed vehicles that have come to a full stop with sound equipment turned off at the curbline of the street upon which the sales are being made.
Ice cream sales shall be prohibited upon the following streets within the City:
The annual fee payable in advance for such licenses shall be $100 for each owner, plus $50 for each ice cream vehicle operated. All such fees shall be paid to the City Manager or his/her designee at the time application is made. In the event the license applied for has been denied, the fee shall be returned to the applicant. If the license is granted, then the fee shall be deposited in the general corporate fund or such other fund as the City Council shall designate. Such fee shall be in lieu of any other vehicle fee required by ordinance, and the City Manager or his/her designee shall issue suitable tags or stickers for the number of ice cream vehicles covered by each license. Such tag or sticker shall be displayed in a prominent place on each ice cream vehicle while it is in use. If an ice cream vehicle is withdrawn from service and another ice cream vehicle replaces the one withdrawn, the licensee shall notify the City Manager's office which shall issue a tag or sticker for such replacement ice cream vehicle, provided that it meets all of the requirements of this article, without additional charge to the licensee. The licensee shall notify the City Manager's office of the motor number and of the license number of each ice cream vehicle operated and of the corresponding City tag or sticker number.
No vehicle shall be operated unless it is covered by a bond or public liability policy with the City added as an additional insured party as required by the Illinois Compiled Statutes. The owner shall furnish a copy of such bond or insurance policy prior to the issuance of a license.
It shall be the duty of every driver of a vehicle to obey all traffic rules established by ordinances of the City or the statutes of the State of Illinois.
It shall be unlawful for any vehicle to be equipped with electronic sound equipment. It shall be unlawful for any vehicle to be equipped with mechanical sound equipment except equipment operated in such a fashion that it emits an intermittent and not a continuous sound. In no event shall the sound emitted exceed the levels provided in Chapter 397, Pollution, of the Ordinances of the City of Crystal Lake, or provided by the State of Illinois.
Any person, firm or corporation violating the provisions of this article may, in addition to any penalty imposed under Chapter 1, Article II, General Penalty, of this Code, suffer the penalty of having his/her license revoked for any such violation. Revocation shall be in writing signed by the Mayor.