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.
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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.
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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.
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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.
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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.
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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.
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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.
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