HomeMy WebLinkAboutG21-18 Ordinance No. G21-18
AN ORDINANCE
AMENDING CHAPTER 6.45 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "PEDDLERS AND SOLICITORS" TO ADD PROVISIONS RELATING TO ICE
CREAM CARTS AND ICE CREAM TRUCKS
WHEREAS, Chapter 6.45 of the Elgin Municipal Code, 1976, as amended, provides for
regulations relating to peddlers and solicitors; and
WHEREAS, the City Council has determined that it is necessary and desirable to allow for
the peddling of ice cream and other like frozen desserts from ice cream trucks and from ice cream
carts; and
WHEREAS,the City of Elgin is a home rule unit,and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS,the regulations relating to peddlers and solicitors,and regulations relating to the
peddling of ice cream or other like frozen desserts from a motor vehicle while parked in a street or
from an ice cream cart parked or located on sidewalk, path or trail, relate to the government and
affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Section 6.45.010 of the Elgin Municipal Code, 1976, as amended,
entitled"Definitions:"be and is hereby further amended by adding to the listing of definitions therein
the additional definitions of"Ice Cream Cart" and "Ice Cream Truck" to read as follows:
"ICE CREAM CART: A non-motorized, wheeled vehicle equipped or operated for the
primary purpose of selling ice cream or other like frozen desserts from the vehicle while
parked or located on a sidewalk, path or trail.
ICE CREAM TRUCK: A motor vehicle equipped or operated for the primary purpose of
selling ice cream or other like frozen desserts from the motor vehicle while parked on a
street."
Section 2. That Section 6.45.050 of the Elgin Municipal Code, 1976, as amended,
entitled "Permit Application:" be and is hereby further amended by amending subparagraph A,
subsections 6 and 7 thereof, and by adding new subsections 8 and 9 thereto to read as follows:
"6. A statement as to whether or not the sponsor,or any person to whom the permit will
apply,has had a civil judgment based upon fraud,deceit or misrepresentation entered
against him within the five(5)years immediately preceding the date of application;
the nature of the judgment, the date and location of the judgment, and any other
pertinent information as to the basis of such judgment;
7. Three(3)photographs of the applicant which shall have been taken within sixty(60)
days immediately prior to the date of filing of the application.The photographs shall
measure approximately three inches by five inches(3" x 5")and show the head,face
and shoulders of the applicant in a clear and distinguishing manner;
8. Where the applicant wishes to sell ice cream or other like frozen desserts from an ice
cream cart:
a. a copy of the applicant's certificate of registration under the Retailers'
Occupation Tax Act;
b. a complete inventory of the goods the applicant intends to offer for sale;
c. the number, description, and uniquely identifying number of all carts the
applicant intends to use in the course of his business in the city;
d. a list of all permits and licenses to conduct business as an ice cream cart
vendor obtained by the applicant in the state of Illinois in the twelve (12)
months preceding the date of filing of the application;
e. Whether the applicant has held a permit or license issued by the city,state,or
any other jurisdiction regulating the operation of ice cream carts revoked for
cause, and, if so, list the date of revocation and jurisdiction; and
f. Such information as deemed necessary by the chief of police to conduct a
criminal history background check on the applicant, which check shall
include the use of a multi-state or multi jurisdictional criminal records locator
or other similar commercial nationwide database with validation (primary
source search) and a review of the national and state sex offenders registry
databases; and
9. Where the applicant wishes to sell ice cream or other like frozen desserts from an ice
cream truck:
a. A valid driver's license;
b. a copy of the applicant's certificate of registration under the Retailers'
Occupation Tax Act;
c. a complete inventory of the goods the applicant intends to offer for sale;
d. the number, description, and license plate numbers of any vehicles the
applicant intends to use in the course of his business in the city;
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e. a list of all permits and licenses to conduct business as an ice cream truck
vendor obtained by the applicant in the state of Illinois in the twelve (12)
months preceding the date of filing of the application;
f. Whether the applicant has held a permit or license issued by the city,state,or
any other jurisdiction regulating the operation of ice cream trucks revoked for
cause, and, if so, list the date of revocation and jurisdiction;
g. A certified Driving Record Abstract from the Office of the Illinois Secretary
of State Drivers Services Department;
h. Such information as deemed necessary by the chief of police to conduct a
criminal history background check on the applicant, which check shall
include the use of a multi-state or multi jurisdictional criminal records locator
or other similar commercial nationwide database with validation (primary
source search) and a review of the national and state sex offenders registry
databases; and
i. Evidence of insurance requirements under Section 6.45.180; and"
Section 3. That Section 6.45.070 of the Elgin Municipal Code, 1976, as amended,
entitled "Denial of Permit:" be and is hereby further amended by amending subparagraph A,
subsections 7 and 8 thereof, and by adding a subsection 9 thereto to read as follows:
"7. The proposed solicitation would unduly interfere with the orderly flow or traffic or
would result in interference with the operation of official traffic control devices;
8. The application or proposed solicitation is not in compliance with the provisions of
this chapter or other applicable requirements of law; or
9. Where the applicant wishes to sell ice cream or other like frozen desserts:
a. The person is a sex offender as defined in the Sex Offender Registration Act
(730 ILCS 150/1 et. seq., as amended);
b. The person has plead guilty or otherwise has been convicted of any crime that
would disqualify said person from holding a job as a public school teacher or
bus driver within the State of Illinois; or
c. The person has plead guilty to or otherwise has been convicted of any crime
or offense that is incompatible with the requirements of this chapter,
including but not limited to:
i. One serious or multiple minor traffic offenses that demonstrate a
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history of failing to adhere to applicable traffic regulations;
ii. Crimes or offenses directed at children or minors;
iii. Crimes or offenses involving the sale of unlawful or illicit substances
such as illegal drugs,fireworks, or sale of age-regulated materials to
underage persons; or
iv. Such other crimes as the chief of police shall deem incompatible with
this Chapter.
d. When considering reasons to refuse to issue a permit under subsection b or c
of this subsection 9, the fiscal services group director shall consider any
evidence of rehabilitation and mitigating factors contained within the permit
application to determine if the applicant would endanger the safety and
welfare of customers or the general public."
Section 4. That Section 6.45.080 of the Elgin Municipal Code, 1976, as amended,
entitled "Permit Fee:" be and is hereby further amended by adding new subparagraphs C and D
thereto to read as follows:
"C. One hundred and fifty dollars($150.00)for a mobile vendor food handling permit for
each ice cream truck and seventy five dollars ($75.00) for a mobile vendor food
handling permit for each ice cream cart that would operate within the City pursuant to
section 6.45.180 of this chapter, except where the truck or cart has a valid mobile
vending unit permit issued by Kane County.
D. The cost of any background check required by this Chapter 6.45 shall be born by the
applicant and due at the time of application."
Section 5. That Section 6.45.090 of the Elgin Municipal Code, 1976, as amended,
entitled "Permit Expiration:" be and is hereby further amended to read as follows:
"All permits issued under the provisions of this chapter shall expire ninety(90)days from the
date of issuance, except for those permits issued for selling ice cream or other like frozen
desserts which shall expire on December 31 of the year in which it was issued."
Section 6. That Section 6.45.0160 of the Elgin Municipal Code, 1976, as amended,
entitled "Food Sales:" be and is hereby further amended to read as follows:
"Peddlers of food shall comply with the applicable regulations of chapter 9.08 of this code,as
amended, relating to food dealers as therein defined. Notwithstanding these provisions,
peddlers of ice cream and other like frozen desserts shall also comply with the provisions of
section 6.45.180 of this chapter."
Section 7. That Section 6.45.180 of the Elgin Municipal Code, 1976, as amended,
entitled"Peddling From Moving Receptacle Prohibited:"be and is hereby further amended to read as
follows:
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"It is unlawful to sell, barter, exchange or offer for sale, barter or exchange any tangible
personal property upon or along the streets, highways or public places of the city or from
house to house whether at one place thereon or from place to place,from any motor vehicle,
wagon,truck,pushcart or other vehicle or from moving receptacles of any kind,except in the
following instances:
A. This prohibition shall not include the delivery of any item previously ordered or the
sale of items along delivery routes where the purchaser has previously requested the
seller to stop and exhibit his items nor shall this prohibition include the solicitation of
orders by sample where the goods are not delivered at the time the order is taken.
B. This prohibition shall not include the sale of ice cream and other like frozen desserts
from an ice cream cart, subject to the following:
1. Each person operating an ice cream cart,and each person selling or assisting
with the sale of ice cream or other like frozen desserts from an ice cream cart,
shall possess a peddler's permit and properly display a peddler's
identification badge issued in accordance with the provisions of this chapter.
2. Notwithstanding other provisions of this Chapter 6.45,it is unlawful for any
person who is a sex offender as defined in the Sex Offender Registration Act
(730 ILCS 150/1 et.seq.,as amended)to possess a peddler's permit to sell ice
cream or other like frozen desserts from an ice cream cart.
3. Each cart from which ice cream or other like frozen desserts are sold shall
obtain and maintain a valid mobile vendor food handling permit from the
neighborhood services department. Permits shall be prominently displayed
upon the ice cream cart in such location as shall be visible to persons
approaching the cart at all times.Copies of the same shall be provided to any
City official or customer, for inspection, upon request.
4. Prior to the issuance of a mobile vendor food handling permit, the public
health coordinator shall inspect each ice cream cart to ensure that said vehicle
complies with each of the following items within this subsection.In addition,
whenever located within the city of Elgin,an ice cream cart shall comply with
each of the following items within this subsection.
a. An ice cream cart shall be in good mechanical condition and in
compliance with all applicable regulations,codes,and ordinances.An
ice cream cart shall be kept in a neat and clean condition;the exterior
of an ice cream cart shall be free of excessive rust, excessive paint
damage, excessive dents or scrapes, or other body damage.
b. An ice cream cart shall provide a litter or trash container,visible and
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available to customers of said vehicle while it is parked and vending.
The operator of the ice cream cart is responsible for cleaning up any
litter or trash occurring as a result of the peddler's business prior to
leaving any area of sale.
c. An ice cream cart shall include adequate equipment and refrigeration
to keep all perishable ice cream or other like frozen desserts at a
temperature of below zero (0) degrees Fahrenheit.
5. No retail sales shall be made from an ice cream cart from any street. All
vending from an ice cream cart shall occur from a sidewalk or from a path or
trail that is clearly distinguishable from a street.
6. No retail sales shall occur before nine o'clock (9:00) AM or after sunset on
any day.
7. No ice cream cart shall be operated by any person who is afflicted with or
who is the carrier of any infections or contagious disease which may be
passed by vending or retail sales.
8. Retail sales shall neither occur on private property,nor shall an ice cream cart
be operated on any private property, except with the express, written
permission of the property owner.
9. Retail sales shall neither occur within a public parking lot, nor shall an ice
cream cart be operated within a public parking lot,except in conjunction with
a special event and with the express, written permission of the public entity
owning the parking lot.
10. No retail sales shall be made from an ice cream cart within five hundred
(500) feet of the property line of any elementary or secondary school when
that school is in session and one (1)hour prior to the school session and one
(1) hour after the school session.
11. No retail sales shall be made from an ice cream cart within five hundred
(500) feet of a city sponsored or authorized event, city park, or open space
where city sponsored or authorized food or drink concessions are available
and open.
12. No ice cream cart shall be operated and no retail sales shall be conducted
along Sports Way or upon any portion of the Elgin Sports Complex.
13. No alcoholic beverages, tobacco products, or other products which are age-
restricted under applicable federal, state or local law, shall be offered for
retail sale from any ice cream cart.
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14. No ice cream cart shall utilize any strobe or revolving light to attempt to
solicit retail sales or advertise the presence of said ice cream cart.
15. When an ice cream cart is stopped for the purpose of making a sale, it shall
not broadcast music or other sounds.
16. Any music,noise,or sound amplification used must be in compliance with all
applicable local, state, and federal regulations and:
a. must be at a volume that does not create a nuisance or public hazard;
and
b. must be at a volume such that the music or noise cannot be heard
from more than three hundred (300) feet from the ice cream cart.
17. No person cart shall operate any camera or video camera while operating an
ice cream cart in the city of Elgin.
18. The operator of an ice cream cart shall report and pay sales taxes, with such
sales taxes being reported as originating within the City of Elgin, where
required under applicable Illinois law.
C. This prohibition shall not include the sale of ice cream and other like frozen desserts
from an ice cream truck, subject to the following:
1. Each person driving or operating an ice cream truck,and each person selling
or assisting with the sale of ice cream or other like frozen desserts from an ice
cream truck,shall possess a peddler's permit and properly display a peddler's
identification badge issued in accordance with the provisions of this chapter.
2. Notwithstanding other provisions of this Chapter 6.45, it is unlawful for the
following persons to possess a peddler's permit to sell ice cream or other like
frozen desserts:
a. Any person seventeen (17) years old or younger; or
b. Any person who is a sex offender as defined in the Sex Offender
Registration Act (730 ILCS 150/1 et. seq., as amended).
3. Each motor vehicle from which ice cream or other like frozen desserts are
sold shall obtain and maintain a valid mobile vendor food handling permit
from the neighborhood services department. Permits shall be prominently
displayed upon the ice cream truck in the lower right hand corner of the
passenger front window of said vehicle, or in such other location as shall be
visible to persons approaching such vehicle, at all times. Copies of the same
shall be provided to any City official or customer, for inspection, upon
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request.
4. Prior to the issuance of a mobile vendor food handling permit, the public
health coordinator shall inspect each ice cream truck to ensure that said
vehicle complies with each of the following items within this subsection. In
addition,whenever located within the city of Elgin, an ice cream truck shall
comply with each of the following items within this subsection.
a. An ice cream truck shall be in good mechanical condition and in
compliance with all applicable regulations,codes,and ordinances.An
ice cream truck shall be kept in a neat and clean condition; the
interior shall be clean and free of foreign material or substance; and
the windows shall be clean,clear, and free from cracks. The exterior
of an ice cream truck shall be free of excessive rust, excessive paint
damage, excessive dents or scrapes, or other body damage.
b. An ice cream truck shall provide a litter or trash container,visible and
available to customers of said vehicle while it is parked and vending.
The operator of the ice cream truck is responsible for cleaning up any
litter or trash occurring as a result of the peddler's business prior to
leaving any area of sale.
c. An ice cream truck shall include adequate equipment and
refrigeration to keep all perishable ice cream or other like frozen
desserts at a temperature of below zero (0) degrees Fahrenheit. The
use of ice or dry ice for refrigeration is prohibited.
d. All ice cream trucks shall be equipped or outfitted with the following
items:
i. A sign on the front and back of the vehicle which shall consist
of reflective letters no less than five inches in height and
which shall state"CAUTION, CHILDREN CROSSING."
ii. Two amber lights, each five inches or greater in diameter
mounted on the left and right front, and two amber lights,
each five inches or greater in diameter mounted on the left
and right rear of the vehicle. Said amber lights shall flash and
be sufficiently bright to be visible from a distance of 500 feet
during daylight conditions, whenever the vehicle is stopped
for the purpose of vending.
iii. A convex mirror mounted on the front so the driver in his or
her normal seating position can see the area in front of the
truck obscured by the hood.
iv. An outside passenger side mirror that provides the driver with
visibility to the right side and to the rear of the vehicle.
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v. A sign on the passenger side of the vehicle displaying in
letters no smaller than five inches in height in a clearly visible
color,the name and phone number of the company or person
responsible for the operation of the ice cream truck.
e. Applicant for or operator of an ice cream truck shall maintain the
following insurance requirements:
i. Automobile liability insurance for all owned, leased, hired,
and non-owned vehicles with a combined single limit of not
less than one million dollars ($1,000,000) for bodily injury
and property damage; and
ii. General liability insurance with limits not less than one
million dollars($1,000,000)per occurrence for bodily injury
and property damage with a general aggregate limit of not less
than two million dollars ($2,000,000).
f. Any insurance required by this section shall be written by, and
secured from,companies approved to do business and issue insurance
in the State of Illinois and must be rated"A-"or better,in accordance
with the latest edition of Best's Insurance Guide,published by A.M.
Best Company, Inc. or its equivalent.
g. The City of Elgin must be given at least thirty(30)days of notice of
the cancellation of any insurance policy required under this section.
Cancellation or expiration of an insurance policy required under this
section shall automatically revoke all permits or licenses granted to
the permit or license holder, by the City, under the terms of this
section.
5. Whenever an ice cream truck stops to make a retail sale, said vehicle shall
drive to the right side of the road and park adjacent to the curb, in a location
that is otherwise a legal parking spot. No vending shall occur in no parking
zones, or in any location that blocks any fire hydrant, driveway, sidewalk,
roadway, or right of way. No retail sale shall occur to any person who is
standing in a public roadway.
6. All vending shall occur from the right, or passenger side of the ice cream
truck, through a door or window designed for the same, with the vehicle
stationary and in park, with the parking brake applied.
7. No person shall occupy the driver's seat of the ice cream truck at any time the
vehicle is engaged in retail sales.
8. Double-parking an ice cream truck at any time is prohibited.
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9. The driver of an ice cream truck shall not back said vehicle to make or
attempt a sale.
10. No retail sales shall occur before nine o'clock (9:00) AM or after sunset on
any day.
11. No ice cream truck shall be operated by any person who is afflicted with or
who is the carrier of any infections or contagious disease which may be
passed by vending or retail sales.
12. No ice cream truck shall vend directly to another vehicle.Vending shall be to
pedestrians only.
13. No retail sales shall be made from an ice cream truck within one hundred
(100) feet of an intersection of a public street.
14. Retail sales shall neither occur on private property, nor shall an ice cream
truck be operated on any private property, except with the express, written
permission of the property owner.
15. Retail sales shall neither occur within a public parking lot, nor shall an ice
cream truck be operated within a public parking lot, except in conjunction
with a special event and with the express, written permission of the public
entity owning the parking lot.
16. No retail sales shall be made from an ice cream truck within five hundred
(500) feet of the property line of any elementary or secondary school when
that school is in session and one(1)hour prior to the school session and one
(1) hour after the school session.
17. No retail sales shall be made from an ice cream truck within five hundred
(500) feet of a city sponsored or authorized event, city park, or open space
where city sponsored or authorized food or drink concessions are available
and open.
18. No ice cream truck shall be operated and no retail sales shall be conducted
along Sports Way or upon any portion of the Elgin Sports Complex.
19. No alcoholic beverages, tobacco products, or other products which are age-
restricted under applicable federal, state or local law, shall be offered for
retail sale from any ice cream truck.
20. No ice cream truck shall be utilized for retail sales or to solicit retail sales on
any street with a speed limit in excess of 30 mph or on a street with three(3)
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or more lanes for traffic.
21. No ice cream truck which is attempting to solicit retail sales shall be operated
at a speed in excess of the lesser of 15 mph or such speed which is safe in
response to the conditions and traffic encountered.
22. No ice cream truck shall utilize any strobe or revolving light to attempt to
solicit retail sales or advertise the presence of said ice cream truck.
23. When an ice cream truck is stopped upon a street for the purpose of making a
sale, it shall not broadcast music or other sounds.
24. Any music,noise,or sound amplification used must be in compliance with all
applicable local, state, and federal regulations and:
a. must be at a volume that does not create a nuisance or public hazard;
and
b. must be at a volume such that the music or noise cannot be heard
from more than three hundred(300) feet from the ice cream truck.
25. No person shall operate any camera or video camera while operating an ice
cream truck in the city of Elgin, except that a single, rear-mounted video
camera may be utilized for reversing operations,provided that no recording is
made from said camera.
26. The operator of an ice cream truck shall report and pay sales taxes,with such
sales taxes being reported as originating within the City of Elgin, where
required under applicable Illinois law."
Section 8. That Section 6.45.190 of the Elgin Municipal Code, 1976, as amended,
entitled"Permit Revocation:"be and is hereby further amended by amending subparagraphs D and E
thereto, and by adding a new subparagraph F thereto, to read as follows:
"D. Conviction for any crime involving moral turpitude;
E. Conducting peddling or soliciting activities in such a manner as to create a public
nuisance, constitute a breach of the peace or endanger the health, safety or general
welfare of the public; or
F. In the case of persons who sell ice cream or other like frozen desserts,violating the
terms of any provision of this Chapter,of the Illinois Vehicle Code,or of applicable
local, state, or federal food and sanitation ordinances."
Section 9. That Chapter 11.24 of the Elgin Municipal Code, 1976,as amended,entitled
"Driving On Right Side of Roadway;Overtaking and Passing:"be and is hereby further amended by
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adding a new section 11.24.050 thereto,entitled"Approach To Food or Beverage Vending Vehicle:"
to read as follows:
"11.24.050: APPROACH TO FOOD OR BEVERAGE VENDING VEHICLE:
Any person operating any motor vehicle, upon approaching a food or beverage vending
vehicle which is stopped or parked within the City with its amber lights flashing as described
within Chapter 6.45 of this title,shall reduce the speed of his or her vehicle to a speed which
is safe for the conditions and the presence of any pedestrian traffic,not in excess of 15 mph,
while within 300' of said food or beverage vending vehicle.If there appear to be pedestrians
engaging in retail sales at such food or beverage vending vehicle, each vehicle approaching
shall proceed past said food or beverage vending vehicle with due caution for all pedestrian,
bicycle, and foot traffic."
Section 10. That all ordinances or parts of ordinance in conflict with the provisions of this
ordinance be and are hereby repealed to the extent of any such conflict.
Section 11. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
Davi J. Kapt , M. ,Or
Presented: April 25, 2018
Passed: April 25, 2018
Vote: Yeas: 9 Nays: 0
Recorded: April 25, 2018
Published: April 27, 2018 sN
A es • 4 . t
aU-WA
Kimberly Dewis, Ci (erk \
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