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O-24-02VILLAGE OF DEERFIELD ORDINANCE NO. 2024 0-24-09 AN ORDINANCE AMENDING CHAPTER 7 OF "THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS, 1975," AS AMENDED, TO LICENSE AND REGULATE FOOD AND ICE CREAM TRUCKS WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant to the provisions of Article VII, Section 6 of the Illinois Constitution; and WHEREAS, the Village establishes regulations pertaining to certain businesses in Chapter 7 of "The Municipal Code of the Village of Deerfield, Illinois, 1975," as amended ("Village Code'; and WHEREAS, due to the increased popularity of mobile food vendors and ice cream truck vendors, regulations must be established to protect the health, safety and wellbeing of Village residents and the use of public rights -of -way for business activities; and WHEREAS, the President and Board of Trustees have determined that it is appropriate and in the best interests of the Village and its residents to amend Chapter 7 of the Village Code to establish regulations for mobile food vendors as provided in this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as findings of the Village Board. SECTION TWO: AMENDMENT TO CHAPTER 7 OF THE VILLAGE CODE. Chapter 7, titled "Businesses," of the Village Code is hereby amended to add a new Article 18 which shall be and read as follows: "Article 18 Mobile Food Vendors and Ice Crum Truck Vendors "See. 7-130. Definitions: La Caterer: a person who prepares and servms food for on- remises consumption at a location other than the perabn's placef bu inspecial event, to people who reside or work in that premises and their__ffuests. b Food Delivery Provider: a person who delivers prepared food from a restaurant for immediate consumption, which is intended o be eaten at the premises where the f i delivered, by people who Xeside or work in that premised their guests, and not intended to be taken to other locations for consumption. Additions are bold and double -underlined; a^ll^ti-^^s are struck thFe ^h 1 4869-1161-7905, v. 4 Lc Food Truck: any vehicle,, cart or trailer used by a Mobile Fo d Vendor to deliver, prepare,serve dispense, or se food or beveraaes for retail purchase by consumers primarily for immediate human consumption. Notwithstanding the foregoing, a Food Truck does not include Ice Cream Trucks or vehicles used by Caterers and Food Delivery Providers. td lvv__C_r_oam Truck Vendor: a person who uses a vehicle cart, or trailer that primarily sells prepackaged ice cream, popsicles, and other frozen novelties. Ice Cream Truck Vendors do not include vehicles, carts, or trailers that sell ice cream that must be "scooped" into single servings prior to sale, Le Ice Cream Truck: anE vehicle, cart, or trailer used bv_an Ice CreamTruck Vendor to primarilyprepackaged ice cream popsicles, and other frozen novelties. f Mobile Food Vendor: a person who uses a Food Truck to deliver. prepare, serve, dispense. or sell food or beverages for retail purchase by consumers primarily for immediate hum n consumption. Notwithstanding anything to the contrary contained herein, a Mobile Food Vendor does not include Caterers, Food Delivery Providers, or Ice Cream Trucks. Section 7-135. License required: fees: (a) License 'red: No Mobile Foodendor or Ice, Cream Trur.I Vendor may operate or engage in delivery, preparation, service. or sale of food and heveragc5from a Food Truck or Ice Cre Truck within the Village without having first obtained a license from the Village. fW Application For License: An application for a license _re iired by this-Sectmon must be made upon a form rovided b the Village Manager, and must provide the information required by, and in accordance with the procedures set forth in Section 14 of this Code. In addition, the application h ll include: i s cpy of a certificate of insurance demonstrating that the applicant maintains insurance in the type and minimum amounts re uired b Section 7-150 of thisd • and ii if required by the applicable county health department, a permit authorizing he applicant to engage in ration or 1 of food and beverages. Additions are bold and double -underlined; a i 4: �� -� Struck +h.,,.ug 4869-1161-7905, v. 4 Lc Fees. 01 The application fee for a Mobile Food Vendor license i� 100.00. 2 The application fee for an Ice CreamTruck Vendor license is SfiD- : Section T-140. Regulations: (a) Food Truck Notification A Mobile Food Truck Vendor is required to inform the Village Manager or their designee atat least 10 business days prior to each operation of its Food Truck in the Village, which notification must include the location and times the Mobile Food Truck Vendor will be operating its Food Truck. This requirement applies to all types of operations. inp,luding for block pafties -special ements, other than participation in the Village's Food Truck Summer Series. (b) Operating Times. Mobile Food Vendors are permitted to operate a Food Truck(s] for the I r o£ U) four hours in a single location on a particular day: or (ii) the duration of a special event if the Mobile Food Vendor h r nizer has secured a special event permit. (c) Operating Frequency. A residential or commercial property may not host a Mobile Food Vendor more then once a month. (d) Operating on the Public Right -of -Way. (1) Mobile Food Vendors may operate on a public right-of- way or Village property only if the Mobile Food Vendor is conducting business as part of a Village or Park District sponsored event, or at a Village approved _s eci even . (2) A Village resident may host an Ice Cream Truk on public right -out -way a r i nt's property once per week for no more than 30 minutes. An Ice Cream Truck may not park on a public right-of-way unless it has obtained he express permission of t resident whose property is adjacent to the public of -way. Additions are bold and double -underlined; ` elet ........re st«uek thi-ough. 3 4869-1161-7905, v. 4 (3) Ice Cream Trucks are prohibited from driying-aro -un A the Village playing music on loud speakers to solicit business. (e) Private Property Events. (1) A Mobile Food Vendor is prohibitedfrom rki W. deliverina food operating on a single - residential property unless the property owner has obtained from the Village a special event permit and the food is consumed on the premises designated on the special event license. (2) A Mobile Food Vendor may park and serve food on a multifamily residential ^ property provided that the Mobile Food Vendor obtains permission from property owner and serves only that property's residents and guests. (3) A Mobile Food Vendor may park and serve food on -a commercial property, such as al a hotel or office buildin provided that h Mobile Food Vn or o tin permission from the property owner and serves onlv the property's employees and guests. (4) A Mobile ndor ma ark and_ _ serve food at a school provided that the Mobile Food Vendor obtains permission from the school and serveis only the school's students, employees, and their guests. (f) Mass Food De ' ibited. Mobil Food Vendorsare prohibited from s-elling food and b es, from a Food Truck the food and beverages areprimary consumed on or innnediately adjacent to the premises where the Mobile Food Vendor makes the sale or delivery. Section 7-145 Sales Tax Reotuirement• Mobile Food Vendors and Ice Cream Truck Vendors are required to collect and remit all relevant taxes and file all sales and use tax farms with the Illinois Department of Tax and Revenue in accordance with State law. Additions are bold and double -underlined; delelAo-o are str-uek thr-o •& 4 4869-1161-7905, v. 4 Section 71 i0. General Liability Insurance. NQ—MQbile Food Truck Vendor or Ice Creaxn Truck Vendor maw operate in the Village unless it has general liability insurance in the amount of not less than $1,000,000.00 per occurrence and $2,000,000 in the aggre�ate. Section 7-155. Waste Disposal (a) Food Trucks Vendors and Ice Cream Truck Vendors must provide at least one trash receptacle and recycling receptacle that are leak -proof, nonabsorbent containers. to secure all waste, whether produced by the vendor or their customers and 12roperly disposed of at the Fgod Truck Vendor's or Icv, Cre Truck Vendor's place of business. (b) Food Trucks Vendors and Ice, Cream Truck ndors s.re prohibited from disposing of any food, liquids, and refuse onto sidewalks, streets, gutters, drains, or in Village trash receptacles. Section 7-160 Penalties (a) r on found guilty of violating any provisions Article shall be fined not less than $ dollars, nor more than $750.00 for each offense, and a separate offense shall be deemed committed n each day during or on which a violation occurs or continues The license of any Mobile Food Vendor or Ice Cream Truck Vendor found guilty of violating -Any Provision of this Article, may a denied suspended, or revoked. (b) If a Mobile Food Vendor or Ice Cream Truck Vendor license is revoked for any cause, no Mobile Food V odor or Ice Cr Truck Vendor license will be granted to that vendor for a period of one year after the date of revocation. (c) _Except as otherwise provided this Section, h rovisions of section 1-26 of this Code rn the issuarive, suspension or revocation of Mobile Food Vendor or Ice Cr�a n Truck Vendor license. SECTION THREE: PUBLICATION. The Village Clerk is hereby directed to publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois. Additions are bold and double -underlined; deletiens ^i-^ atr-uek thf!etigh. 5 4869-1161-7905, v. 4 SECTION FOUR: EFFECTIVE DATE. This Ordinance will be in full force and effect after passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Additions are bold and double -underlined; a retie s are struck thr-ough. 6 4869-1161-7905, v. 4 AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim NAYS: None ABSTAIN: None ABSENT: Seiden PASSED: January 16, 2024 APPROVED: January 16, 2024 ORDINANCE NO. 0-24-02 Daniel C. apiro, Mayor ATTEST• k.64- Kent S. Str et, Village Clerk Additions are bold and double -underlined; deletions are struck through. 7 4869-1161-7905, v. 4