ARTICLE VII - VEHICULAR FOOD VENDOR
7-7-1 DEFINITIONS. As used in this Article, the following terms shall have the following meaning unless the context clearly indicates that a different meaning is intended:
“Place of Business or Business Headquarters” means a place where food products are stored or dispensed.
“Vehicular Food Vendor” means any person engaged in the business of selling food products from a vehicle, self-powered or otherwise, or a trailer or cart on the public streets and sidewalks of the City, provided that the words “vehicular vendor” shall not include salesmen who use vehicles to go from place to place for the purpose of making sales on the premises of a prospective purchaser.
7-7-2 LICENSE REQUIRED. No person shall operate as a vehicular food vendor without having first secured a valid license for each vehicle, trailer or cart operated within the City, and to be displayed on each vehicle to be used in the operation of any such business.
7-7-3 APPLICATIONS. A person desiring a license may obtain the same by filing with the Clerk and providing the following basic information:
(A) Name and physical description of applicant.
(B) Permanent home and address and local address if operating from such an address.
(C) A brief description of the business and of the goods to be sold.
(D) Name and address of the employer, if any.
(E) The length of time for which the right to do business is desired.
(F) Type of vehicle, trailer or cart to be used in the dispensing of food products.
(G) Evidence that the agent is acting on behalf of the corporation he represents.
(H) Statement of the applicant’s criminal record other than a traffic record.
(I) The last three (3) municipalities where the applicant carried on business immediately preceding the date of application to this municipality and the address from which such business was conducted in those municipalities.
7-7-4 INVESTIGATION OF APPLICANTS. Upon receipt, said application shall be referred to the Chief of Police who shall conduct a business and background investigation of the applicant. If the facts show the applicant unfit to receive the license, then it shall be denied.
7-7-5 HOURS. It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this Code or not, to engage in vehicular food sales as herein defined prior to 6:00 A.M. or after 9:00 P.M. of any day.
7-7-6 RESTRICTED TO FOOD PRODUCTS. No licensed vehicular food vendor shall himself or through any employee while acting as a vehicular food vendor in this municipality barter, sell, or peddle any goods or merchandise or wares other than prepared food products for consumption by the customer as “take-out” from the premises.
7-7-7 EXCLUSIONARY PROVISION. Provisions of this Article shall not apply to persons employed or representing an established merchant, business, firm or corporation located and regularly doing business in the municipality, to farmers selling any food items raised or produced by themselves, or to vendors during a city-wide festival event.
7-7-8 HEALTH STANDARDS. Each vehicle, trailer, or cart shall be operated in a sanitary manner and in such a manner as to provide no health hazards. Foods shall be kept under the conditions and at the temperatures required for food in restaurants.
7-7-9 COMPLIANCE WITH HEALTH DEPARTMENT RULES. No food, food products, or beverages for public consumption shall be kept, offered for sale, transported, or handled except in accordance with the rules and regulations of the State of Illinois and the Moultrie County Health Departments. If upon inspection, the Moultrie County Health Department should at any time find that any such rules of the Moultrie County Health Department have been violated then the license issued hereunder shall be suspended until the Moultrie County Health Department is satisfied that proper corrections have been made.
7-7-10 FEES. License fees per vehicle, trailer, or cart shall be payable in advance and are hereby fixed and established as follows:
(A) Seasonal License: $100.00 for six (6) months or less
(B) Annual License: $175.00
(C) Form. The license form is found in Appendix “MM”.
(D) Police Fee. A fee of Twenty-Five Dollars ($25.00) shall be assessed each applicant to cover the cost of an investigation.
(E) The Council has the authority to waive the fee.