Loading...
Ordinance 2019-86 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2019-86 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AMENDING THE REGULATIONS FOR MOBILE VENDORS Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 10th day of December, 2019 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on December 19,2019. Ordinance No. 2019-86 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, AMENDING THE REGULATIONS FOR MOBILE VENDORS WHEREAS, the United City of Yorkville, Kendall County, Illinois (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,Title 3, Chapter 5, Articles A and B of the Code of Ordinances of the United City of Yorkville,Kendall County, Illinois, establishes regulations for mobile vendor vehicles and for vendor vehicle rally special events; and, WHEREAS,the Mayor and the City Council(the"Corporate Authorities")have reviewed the requirements for registration and have determined that there is need to revise the regulations for mobile vendors and vendor vehicle rally special events and to provide for the immediate revocation of the requirement for persons participating as a mobile vendor on private property to submit an application to the city for registration as a mobile vendor, all as hereinafter provided. 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 Title 3, Chapter 5, Article A, Section 2 of the Yorkville Code of Ordinances, be and is hereby amended by deleting said Section 2 in its entirety and replacing it with the following: "Every person desiring to engage in mobile vendor services on public property owned by the City or within the City's public right-of-way 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." Ordinance No.2019-86 Page 2 Section 2. That Title 3, Chapter 5, Article A, Section 3 of the Yorkville Code of Ordinances,be and is hereby amended by deleting paragraph A. in its entirety and replacing it with the following: "A. It shall be unlawful for any person or entity to operate as a mobile food or retail vendor on property owned by the City including streets, roadways, 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:" Section 3. That Title 3, Chapter 5, Article A, Section 3 of the Yorkville Code of Ordinances,be and is hereby amended by deleting subparagraph A(13)in its entirety and replacing it with the following: "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 the United City of Yorkville as additional insured. A certificate of insurance shall contain provisions that prohibit cancellations, modifications, or lapse without thirty (30) days' prior written notice to the City's Clerk's Office." Section 4. That Title 3, Chapter 5, Article A, Section 3 of the Yorkville Code of Ordinances,be and is hereby amended by deleting paragraph E. in its entirety and replacing it with the following: "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 with a felony conviction for burglary, fraud, theft, or sexual assault without regards to time; nor to any person who has been convicted of a violation of any of the provisions of this chapter, nor to any person who has an active, unpaid violation or conviction of any provision of this code;nor to any person whose certificate of registration issued hereunder has previously been revoked as herein provided." Ordinance No.2019-86 Page 3 Section 5. That Title 3, Chapter 5, Article A, Section 4 of the Yorkville Code of Ordinances, be and is hereby amended by deleting said Section 4 in its entirety. Section 6. That Title 3, Chapter 5, Article A, Section 5 of the Yorkville Code of Ordinances,be and is hereby amended by deleting paragraph B. in its entirety and replacing it with the following: "B. The registration requirement for mobile vending vehicles is waived for all City sponsored special events and for any special events in which a vendor fee is charged by the event organizer." Section 7. That Title 3, Chapter 5, Article A, Section 9 of the Yorkville Code of Ordinances, be and is hereby amended by deleting paragraph C., paragraph D., and subparagraph D (1) in their entirety and replacing with the following: "C. It shall be unlawful for any person, mobile 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 or merchandise from mobile vendor vehicles shall be prohibited as follows: 1. In any City park, or on City park property, including parking lots unless the mobile vendor has received a park vending permit from the City's Parks and Recreation Department or is participating as a paid vendor in a special event." Section 8. That Title 3, Chapter 5, Article B, Section 2 of the Yorkville Code of Ordinances, be and is hereby amended by deleting subparagraphs A (3)(g) and A(3)(j) in their entirety and replacing with the following: "g. A list of all mobile food vendor vehicles and/or mobile retail vendor vehicles participating in the vendor vehicle rally." 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 the United City of Yorkville as additional insured. A certificate of insurance shall contain provisions that prohibit cancellations, modifications, or lapse without thirty(30) days'prior written notice to the City's Clerk's Office." Ordinance No.2019-86 Page 4 Section 9. That Title 3, Chapter 5, Article B, Section 5 of the Yorkville Code of Ordinances, be and is hereby amended by deleting subparagraph A(1)(a) its entirety. Section 10. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this 10th day of December, A.D. 2019. 069GL A.4eAt City Clerk KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS ABSENT JASON PETERSON AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this /0 day of 6ECEm6.6 .. , A.D. 2019. J r� All Mayor Attest: ti60/6A;a City Clerk Ordinance No.2019-86 Page 5