[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.
A.
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.
B.
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.
C.
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:
A.
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.
B.
The citizenship of the applicant, place of birth,
and if a naturalized citizen, the time and place of naturalization.
C.
The character of business of the applicant; and in
the case of a corporation, the objects for which it was formed.
D.
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.
E.
The location and description of the premises or place
of business which is to be operated under such license.
F.
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.
G.
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.
H.
Whether a previous license by any state or subdivision
thereof or by the federal government has been revoked and the reasons
therefor.
I.
The number of trucks intended to be operated under
the proposed license and the vehicle identification number of each
truck.
J.
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.
K.
That the license to be issued upon the application
is and will be subject to revocation by the Mayor and City Council.
L.
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.
[Amended 8-15-2000]
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.
A.
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.
B.
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:
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Ackman Road
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Crystal Lake Avenue
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Dole Avenue
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Hillside Road
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Huntley Road
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Main Street
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McHenry Avenue
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Miller Road
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North Avenue
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Oak Street north of Route 176
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Pingree Road
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Rakow Road
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Randall Road
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Route 14
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Route 176
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Route 31
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Sands Road
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Swanson Road
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Teckler Boulevard
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Terra Cotta Road
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Three Oaks Road
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Virginia Road
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Walkup Avenue
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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.
