Ordinance 2008-038 Ordinance No. J009 39
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGISTRATION OF
MOBILE FOOD VENDOR UNITS
WHEREAS, the United City of Yorkville (the "City ") is a duly organized and validly existing
non home -rule municipality created in accordance with the Constitution of the State of Illinois of 1970
and the laws of the State; and,
WHEREAS, it is in the best interests of the City that all food establishments that are readily
moveable are regulated in order to protect the health, safety, and welfare of its citizens.
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 3, Chapter 5 of the United City of Yorkville Code of Ordinances is hereby
amended by adding the following new Article B:
ARTICLE B. MOBILE FOOD VENDOR UNITS
3 -511-1: DEFINITIONS: For purposes of this Article, the following words and phrases
shall have the following meanings ascribed to them respectively:
COMMISSARY: A catering establishment, restaurant, or any other place in which food,
containers, or supplies are kept, handled, prepared, packaged, or stored.
MOBILE FOOD UNIT: A vehicle- mounted food service designed to be readily
movable.
PUSHCART: A self - propelled vehicle limited to serving nonpotentially hazardous foods
or commissary wrapped food maintained at proper temperatures.
SANITIZATION: The effective bactericidal treatment by a process that provides enough
accumulative heat or concentration of chemicals for enough time to reduce the bacterial
count, including pathogens, to a safe level on utensils and equipment.
3 -5B -2: CERTIFICATE OF REGISTRATION REQUIRED: Every person desiring
to engage in mobile food service within the city is hereby required to make written
application for a certificate of registration as hereinafter provided. It shall be unlawful
for any person to engage in mobile food service without having first obtained said
certificate of registration. Said certificate shall be carried by the applicant while engaged
in mobile food service and shall be displayed for inspection upon request.
3 -511-3: APPLICATION FOR CERTIFICATE:
A. Application for a certificate of registration shall be made upon a form provided by the
Office of the City Clerk and filed with such. The applicant shall truthfully state in
full the information requested on the application:
1. Place of Residence; Social Security Number: Name and address of present place
of residence of the applicant and length of residence at such address; also business
address if other than residence address; also social security number and date of birth;
2. Identification: Copy of current state photo identification or driver's license;
3. Name of Employer or Representation: Name and address of the person, firm, or
corporation or association whom the applicant is employed by or represents; and the
length of time of such employment or representation;
4. Description of Mobile Food Service: Description sufficient for identification of
the mobile food service provided by the merchant which the applicant will engage in;
5. Time Period: Period of time for which the certificate is applied for;
6. Date of Previous Application: The date, or approximate date, of the latest
previous application for certificate under this chapter, if any;
7. Revocation History: Whether a certificate of registration issued to the applicant
under this chapter has ever been revoked;
8. Conviction of a Violation; History: Whether the applicant has ever been convicted
of a violation of any of the provisions of this chapter or the ordinance of any other
Illinois municipality regulating the activities of mobile food vendors;
9. Conviction of a Felony; History: Whether the applicant has ever been convicted
of the commission of a felony under the laws of the state of Illinois or any other state
or federal law of the United States;
10. Tax Identification Number: Each applicant shall produce an Illinois Department
of Revenue identification number for the retailers' occupation tax. No license shall
be issued if the applicant does not have an identification number except that no
identification number shall be required if a mobile food vendor is sponsored by or
working for a religious, educational, or charitable organization where such
organization is entirely a nonprofit organization and who can furnish the city with a
"Tax Exempt Number" and written proof of its "Tax Exempt Status;"
11. Health Certificate: Any mobile food vendor shall be required to obtain a health
inspection certificate from the Kendall County public health department. Said
certificate shall be required to do business under a certificate of registration under this
title and chapter in the city of Yorkville.
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12. Photo of the applicant: Each applicant shall submit a photo that must be the same
size as required for passports — 2 inches by 2 inches.
B. All statements made by the applicant upon the application or in connection therewith
shall be under oath.
C. The Office of the City Clerk shall require every applicant to submit to fingerprinting
by the police department in connection with the application for certificate. The
applicant shall pay the fee as set by the Illinois State Police for fingerprint
submissions.
D. The Office of the City Clerk shall cause to be kept an accurate record of every
application received and acted upon together with all other information and data
pertaining thereto and all certificates of registration issued under the provisions of this
chapter and of the denial of applications.
E. No certificate of registration shall be issued to any person who has been convicted of
the commission of a felony under the laws of the state of Illinois or any other state or
federal law of the United States, within five (5) years of the date of the application;
nor to any person who has been convicted of a violation of any of the provisions of
this chapter, nor to any person whose certificate of registration issued hereunder has
previously been revoked as herein provided.
F. Each applicant shall pay a two hundred ($200.00) application fee per application. No
application fee shall be charged of a mobile food vendor sponsored by or working for
a religious, educational, or charitable organization where such organization is entirely
a nonprofit organization and who can furnish the city with a "Tax Exempt Number"
and written proof of its "Tax Exempt Status."
3 -5B -4: ISSUANCE OF CERTIFICATE: The Office of the City Clerk, after
consideration of the application and all information obtained relative thereto, shall, within
ten (10) business days of application, approve or deny the application. If the person does
not possess the qualifications for such certificate, as herein required, and the issuance of a
certificate of registration to the applicant would not be in accord with the intent and
purpose of this chapter, then the Office of the City Clerk shall deny the application.
Endorsement shall be made by the Office of the City Clerk upon the application of the
denial of the application. If the applicant is found to be fully qualified, the certificate of
registration shall be issued within five (5) business days of the application approval so
long as the application fees have been fully paid. Any certificate of registration issued
pursuant to this chapter shall expire one (1) year after issuance.
3 -5B -5: MOBILE FOOD SERVICE:
A. Mobile food units or pushcarts shall comply with the requirements of this Article,
except as otherwise provided in this section. The health department may impose
additional requirements to protect against health hazards related to the conduct of the
food service establishment as a mobile operation, may prohibit the sale of some or all
potentially hazardous food and, when no health hazard will result, may waive or
modify requirements of this Article relating to physical facilities except those
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requirements of Subsections (D) and (E) of this Section, and Sections 3 -513-613 and 3-
5B -7B set forth below.
B. Pushcarts are not permitted except those that contain only ice cream and related
products.
C. Mobile food units serving only food prepared, packaged in individual servings,
transported, and stored under conditions meeting the requirements of this Article or
beverages that are not potentially hazardous and are dispensed from covered urns or
other protected equipment, need not comply with requirements of this chapter
pertaining to the necessity of water and sewage systems nor to those requirements
pertaining to the cleaning and sanitization of equipment and utensils if the required
equipment for cleaning and sanitization exists at the commissary.
D. A mobile food unit requiring a water system shall have a potable water system under
pressure. The system shall be of sufficient capacity to furnish enough hot and cold
water for food preparation, utensil cleaning and sanitizing, and hand washing, in
accordance with the requirements of this chapter. The water inlet shall be located so
that it will not be contaminated by waste discharge, road dust, oil or grease, and it
shall be kept capped unless being filled. The water inlet shall be provided with a
transition connection of a size or type that will prevent its use for any other service.
All water distribution pipes or tubing shall be constructed and installed in accordance
with the requirements of this chapter.
E. If liquid waste results from operation of a mobile food unit, the waste shall be stored
in a permanently installed retention tank that is of at least fifteen percent (15 %) larger
capacity than the water supply tank. Liquid waste shall not be discharged from the
retention tank when the mobile food unit is in motion. All connections on the vehicle
for servicing mobile food unit waste disposal facilities shall be of a different size or
type than those used for supplying potable water to the mobile food unit. The waste
connection shall be located lower than the water inlet connection to preclude
contamination of the potable water system.
3 -5B -6: COMMISSARY:
A. Mobile food units or pushcarts shall operate from a commissary or other fixed food
service establishment and shall report at least daily to such location for all supplies
and for all cleaning and servicing operations.
B. The commissary or other fixed food service establishment used as a base of operation
for mobile food units or pushcarts shall be constructed and operated in compliance
with the requirements of this chapter.
3 -513-7: SERVICING AREA AND OPERATIONS:
A. A mobile food unit servicing area shall be provided and shall include at least
overhead protection for any supplying, cleaning, or servicing operation. Within this
servicing area there shall be a location provided for the flushing and drainage of
liquid wastes separate from the location provided for water servicing and for the
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loading and unloading of food and related supplies. This servicing area will not be
required where only packaged food is placed in the mobile food unit or pushcart or
where mobile food units do not contain waste retention tanks. The surface of the
servicing area shall be constructed of a smooth nonabsorbent material, such as
concrete or machine -laid asphalt and shall be maintained in good repair, kept clean,
and be graded to drain.
B. Potable water servicing equipment shall be installed according to law and shall be
stored and handled in a way that protects the water and equipment from
contamination. The mobile food unit liquid waste retention tank, where used, shall be
thoroughly flushed and drained during the servicing operation. All liquid waste shall
be discharged to a sanitary sewerage disposal system in accordance with Yorkville -
Bristol Sanitary District rules and regulations.
3 -5B -8: TIME LIMIT ON MOBILE FOOD VENDOR UNITS:
A. Mobile food vendors may conduct business from nine o'clock (9:00) A.M. to eight
thirty o'clock (8:30) P.M Sunday through Saturday, including holidays.
B. Mobile food vendors are not licensed to conduct business door -to -door.
Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of MAy , A.D. 2008.
j)EPury CITY CLERK
ROBYN SUTCLIFF V JOSEPH BESCO V
I
ARDEN JOE PLOCHER V WALLY WERDERICH
GARY GOLINSKI y MARTY MUNNS Y
ROSE SPEARS y I
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of M 2008.
r
MAYOR
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