Ordinance 2019-06 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2019-06
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
ESTABLISHING REGULATIONS FOR MOBILE VENDOR VEHICLES
AND TRUCK RALLY SPECIAL EVENTS
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 291 day of January,2019
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on February 5,2019.
Ordinance No. 201946
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL
COUNTY,ILLINOIS,ESTABLISHING REGULATIONS FOR MOBILE
VENDOR VEHICLES AND TRUCK RALLY SPECIAL EVENTS
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, after review and updating of the current regulations for mobile food
street vending, it has been recommended that new regulations be imposed for mobile
vendor vehicles on private property and for truck rallies on public or private property in
the City.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of
the United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That Article A of Chapter 5 of Title 3 of the Yorkville City Code,be
and is hereby repealed and replaced with the following:
"ARTICLE A. MOBILE VENDOR VEHICLES
3-5A-1: DEFINITIONS:
The words and terms set forth in this section, wherever they occur in this chapter, shall be
construed as herein defined:
CANTEEN TRUCK: A vehicle that operates to provide food services to workers
at locations where access to such services is otherwise unavailable or impractical
(e.g., a construction site); from which the operator sells food and beverages that
require no on-site preparation or assembly other than the heating of pre-cooked
foods; and is not advertised in any form to the general public except by virtue of
signage on the vehicle. Products sold from canteen vendor vehicles may include
fruits, vegetables, and pre-cooked foods such as hot dogs, prepackaged foods and
pre-packaged drinks.
COMMISSARY: A catering establishment, restaurant, or any other place in
which food, containers, or supplies are kept, handled, prepared, packaged, or
stored.
EDIBLE FOOD PRODUCTS: Products that are ready for immediate
consumption, including prepackaged food and food cooked, prepared or
assembled on-site. The term "edible food products" does not include fresh
produce unless the produce has been packaged, cooked, chopped, sliced, mixed,
brewed, frozen, squeezed or otherwise prepared for consumption.
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MOBILE FOOD VENDOR VEHICLE: A vehicle, from which edible food
products are cooked, prepared or assembled with the intent to sell such items to
the general public, provided that food vendor vehicles may also sell other edible
food products and beverages that have been prepared or assembled elsewhere.
Food vendor vehicle operators may market their products to the public via
advertising, including social media. For the purposes of this Title, this shall also
include ice cream vendor vehicles, canteen trucks and pushcarts.
LOCATION: Any single parcel or any combination of contiguous parcels owned
or controlled by a single entity or affiliated entities.
LOT, IMPROVED: a platted lot or parcel of land upon which a building, structure
or other primary use, as defined by the Zoning Ordinance, exists.
LOT, UNIMPROVED: a platted lot or parcel of land upon which no structure or
uncompleted structure exists.
MOBILE RETAIL VENDOR VEHICLE: A vehicle from which merchandise is
sold and retail sales are made, and is intended to be temporary, or is capable of
being moved from one location to another.
PUSHCART: A non-motorized vehicle limited to serving non-potentially
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.
VENDOR VEHICLE RALLY: A coordinated and advertised gathering of more
than three (3) mobile food vendor and/or mobile retail vendor vehicles, in one
location and on a date certain, with the intent to serve the public.
3-5A-2: CERTIFICATE OF REGISTRATION REQUIRED:
Every person desiring to engage in mobile vendor services 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 vendor service without
having first obtained said certificate of registration. Said certificate shall be carried by the
applicant while engaged in mobile vendor service and shall be displayed at all times in a
place readily visible to all customers. The term for mobile vendor registrations shall
commence on January 1 and shall expire on December 31 of each year.
3-5A-3: MOBILE VENDOR SERVICE ON PUBLIC PROPERTY:
A. It shall be unlawful for any person or entity to operate as a mobile food or retail
vendor on property owned by a governmental entity including streets, roadways,
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alleys, sidewalks, parks, or right of ways within the city without first having obtained
a certificate of registration from the office of the city clerk. 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. Applicant name, present place of residence, length of residence at such address,
phone number, business name, business address, type of business, length of time in
type of business being applied for.
2. Name, address, phone number for all drivers or operators of the mobile vendor
vehicles;
3. Identification: Copy of current state photo identification or driver's license from all
applicants,members,partners, officers, drivers, and operators;
4. Description of vendor services: Description sufficient for identification of the
mobile service provided by the merchant which the applicant will engage in;
5. List of the mobile vehicles/trucks or pushcarts intended to be operated including
the make, model, year, vehicle identification number and license plate number for
each;
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. History of violation convictions: Whether the applicant, driver, or operator 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 vendors;
9. History of Conviction Of A Felony: Whether the applicant, driver, or operator 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 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 in the city of Yorkville;
12. Photo of The Applicant: Each applicant, driver, and operator shall submit a photo
that must be the same size as required for passports being two inches by two inches
(2" x 2")
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13. Insurance. The applicant shall obtain and maintain in force comprehensive
general liability, broad form property damage and blanket contractual liability
insurance in a combined single limit amount, per claim and aggregate of at least one
million dollars ($1,000,000.00) covering the applicant's operations. Such insurance
shall name, on a special endorsement form, the City of Yorkville, its elected and
appointed boards, commissions, officers, agents and employees as additional insurers.
A certificate of insurance shall contain provisions that prohibit cancellations,
modifications, or lapse without thirty (30) days prior written notice to the city's
Clerks Office.
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, driver, and operator to submit
to fingerprinting by the police department in connection with the application for
certificate. The applicant, driver, and operator 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 for mobile service on public property shall pay a two hundred dollar
($200.00) application fee per application. The application fee covers the first mobile
vehicle/truck or pushcart. Additional mobile vehicles/trucks or pushcarts will be one
hundred dollars ($100.00) each. All fees are nonrefundable. 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.
3-5A-4: MOBILE VENDOR SERVICE ON PRIVATE PROPERTY:
A. It shall be unlawful for any person or entity to operate as a mobile food or retail
vendor on private property without first having obtained a certificate of registration
from the office of the city clerk. 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:
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1. Applicant name, present place of residence, length of residence at such address,
phone number, business name, business address, type of business, length of time in
type of business being applied for.
2. Name, address, phone number for all drivers or operators of the mobile vendor
vehicles;
3. Identification: Copy of current state photo identification or driver's license from all
applicants,members,partners, officers, drivers, and operators;
4. Description Of Mobile Food Service: Description sufficient for identification of the
mobile service provided by the merchant which the applicant will engage in;
5. List of the mobile food vehicles/trucks or pushcarts intended to be operated
including the make, model, year, vehicle identification number and license plate
number for each;
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,
driver, or operator under this chapter has ever been revoked;
8. History of violation convictions: Whether the applicant, driver, or operator 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 vendors;
9. History of Conviction Of A Felony: Whether the applicant, driver, or operator 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 in the city of Yorkville;
12. Photo of The Applicant: Each applicant, driver, and operator shall submit a photo
that must be the same size as required for passports being two inches by two inches
(2" x 2").
13. Mobile Food and Retail Vendors operating on private property shall have a
notarized letter of permission from each property owner granting the operator the
owner's express consent to operate on the site in accordance with the approved
certificate of registration.
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14. Insurance. The applicant shall obtain and maintain in force comprehensive
general liability, broad form property damage and blanket contractual liability
insurance in a combined single limit amount, per claim and aggregate of at least one
million dollars ($1,000,000.00) covering the applicant's operations. Such insurance
shall name, on a special endorsement form, the City of Yorkville, its elected and
appointed boards, commissions, officers, agents and employees as additional insurers.
A certificate of insurance shall contain provisions that prohibit cancellations,
modifications, or lapse without thirty (30) days prior written notice to the city's
Clerks Office.
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, driver, and operator to submit
to fingerprinting by the police department in connection with the application for
certificate. The applicant, driver, and operator 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 twenty-five dollar ($25.00) application fee per application.
The application fee covers the first mobile vehicle. Additional mobile vehicles will
be ten dollars ($10.00) each. All fees are nonrefundable. No application fee shall be
charged of a mobile 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".
3-5A-5: ISSUANCE OF CERTIFICATE:
A. 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 or Section
13-3-14, 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
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shall be issued within five (5) business days of the application approval so long as the
application fees have been fully paid.
B. The registration requirement for mobile vending vehicles is waived for all city
sponsored special events.
3-5A-6: MOBILE FOOD SERVICE:
A. Mobile food vendor vehicles shall comply with the requirements of this article, except
as otherwise provided in this section and Section 13-3-14. 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
requirements of this section.
B. All food items available for sale and the price of each item must be posted on the
exterior of the mobile food vendor vehicle.
C. Mobile food vendor vehicles 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 vendor vehicle 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.
3-5A-7: COMMISSARY:
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A. Mobile food vendor vehicles 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 vendor vehicles shall be constructed and operated in compliance with
the requirements of this chapter.
3-5A-8: SERVICING AREA AND OPERATIONS:
A. A mobile food vendor vehicles 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
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 vending vehicles 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.
3-5A-9: TIME LIMIT/RESTRICTIONS ON MOBILE VENDOR UNITS:
A. Mobile 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 unless such
business is located on private property or as part of a city sponsored special event.
B. Mobile vendors are not licensed to conduct business door to door.
C. It shall be unlawful for any person, mobile food vendor vehicle operator to drink any
alcoholic beverages, shout or call to prospective customers, or to disturb the peace in
any manner while on duty.
D. Sale of food from mobile food vendor vehicles shall be prohibited as follows:
1. In any city park, or on city park property, including parking lots unless the mobile
food vendor has received a park vending permit from the city's parks and recreation
department.
2. In any area where the operation impedes vehicular or pedestrian travel as
determined by the chief of police or his designee.
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E. The city has the ability to restrict the location of mobile food vendors should it be
determined the location creates a parking shortage, parking issue, or unsafe parking
conditions."
Section 2: That Article B of Chapter 5 of Title 3 of the Yorkville City Code,be
and is hereby repealed and replaced with the following:
"ARTICLE B. TRUCK RALLY SPECIAL EVENTS
3-511-1 TRUCK RALLY SPECIAL EVENTS
A. Applicability and Approval:
All truck rallies of more than three (3) Mobile Food Vendor Vehicles and/or
Mobile Retail Vendor vehicles on public or private property require:
1. Issuance of a permit for a truck rally shall be subject to the review
and approval of:
a. The Community Development Director for all conditions
relating to the Zoning Code.
b. The Director of Parks and Recreation for any truck rally
within a city park,
c. The Public Works Director and Police Chief for any truck
rally in the public right-of-way, and
2. Traffic control and pedestrian safety in the vicinity of the event
shall be the responsibility of the permittee of the event.
B. Permit Application
1. In order to obtain a truck rally permit, the entity or organization
hosting the truck rally, or the property owner of the location of the
truck rally, must complete an application form provided by the City
Clerk.
2. An application fee of fifty dollars ($50.00) shall be required for all
truck rally special events.
3. The application shall be submitted no later than 30 days prior to the
proposed event and shall include the following information:
a. Name and address of the owner of the entity or
organization hosting the truck rally.
b. Name of person in charge of the truck rally and a telephone
number that may be used to contact such person during the
vendor vehicle rally.
c. Name, address and a contact phone number of the owner of
the property on which the vendor vehicle rally will be held.
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d. Location map of the general area within 500 feet
surrounding the proposed truck rally site.
e. A dimensioned site plan of the property on which the food
truck rally will be held, showing proposed location of each
food truck including distances from adjacent buildings,
streets and other trucks; location of any portable restroom
facilities, if applicable; and location of any stages, tents,
seating areas and any other facilities, structures or
equipment to be used in conjunction with the food truck
rally.
f. Written description of the plans for the food truck rally,
including parking locations, traffic control plans and the
anticipated hours of operation.
g. A list of all mobile food truck and/or mobile retail vendor
vehicles participating in the food truck rally, along with
confirmation that each vehicle operator has obtained or will
obtain a Certificate of Registration with the Office of the
City Clerk in accordance with Title 3: Business and
License Regulations, Chapter 5 Food and Food Dealers,
Article B. Mobile Food Vendor Vehicles of the City Code.
h. Dates and hours of operation requested for the truck rally.
i. An executed indemnification agreement in favor of the City
of Yorkville for truck rallies occurring within the public
right-of-way or public property.
j. The permittee shall obtain and maintain in force
comprehensive general liability, broad form property
damage and blanket contractual liability insurance in a
combined single limit amount, per claim and aggregate of
at least one million dollars ($1,000,000.00) covering the
permittee's operations on the sidewalk or right-of-way.
Such insurance shall name, on a special endorsement form,
the City of Yorkville, its elected and appointed boards,
commissions, officers, agents and employees as additional
insurers. A certificate of insurance shall contain provisions
that prohibit cancellations, modifications, or lapse without
thirty (30) days prior written notice to the city's Clerks
Office.
C. Financial Guarantee
1. The city may establish requirements for the posting of a financial
guarantee prior to issuance of a truck rally permit within the public
right-of-way to ensure that:
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a. The premises will be cleared of all trash and debris
immediately after the truck rally ends.
b. Any damage to the public right-of-way resulting from the
truck rally is repaired.
c. Any financial guarantee required shall be returned to the
applicant only after all costs for removal of debris or
repairs to public right-of-way damage have been deducted.
d. In the event the financial guarantee is not sufficient to
cover such costs, the entity or organization hosting the food
truck rally shall be responsible for paying all remaining
costs.
D. Inspections
An application for a truck rally permit shall be subject to inspections by the Building
Code Official and Fire Marshal prior to the start of the event, including but not
limited to, inspections of all lighting and electrical equipment, tents, stages and other
temporary facilities brought to the site.
E. Enforcement
1. Each of the following circumstances constitute a violation of this article, for
which a citation may be issued by the city:
a. Operation of a mobile vendor vehicle without a current, valid certificate or
permit. Provided that each day and each separate location at which a
mobile food vendor vehicle or mobile retail vendor vehicle is operated
without a current, valid certificate or permit shall be considered a separate
violation.
b. Holding a truck rally without a permit or failing to comply with the
conditions of approval for a truck rally permit.
c. Failure to comply with any other provision of this article or Title.
d. Citations may be issued to the mobile food vendor vehicle,mobile retail
vendor vehicle operator, employee, organizing or hosting entity, or the
property owner on which the vehicles are operated."
Section 4: This Ordinance shall be in full force and effect after its passage,
publication, and approval as provided by law. '
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois,this�day of 2a 1/1 120 9.
City Clerk
Ordinance No.2019- 0
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CARLO COLOSIMO Y KEN KOCH Y
JACKIE MILSCHEWSKI Y ARDEN JOE PLOCHER
CHRIS FUNKHOUSERY JOEL FRIEDERS y
SEAVER TARULIS I JASON PETERSON y
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois,this '47 day of ?5�5,6R U q)2 r' , 2019.
t//M
Mayor
Ordinance No.2019-NO
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