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2003-07311/12/03 ORDINANCE NO. 2003- 73 AN ORDINANCE AMENDING CHAPTER 8.16, MOBILE FOOD VENDORS, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; WHEREAS, licensing and inspection by the Village will help to insure that all food - vending vehicles meet the minimum food safety standards; and, WHEREAS, periodic Village health inspections are necessary to minimize the potential for a food poisoning incident; and, WHEREAS, background investigations on driver /operators of food - vending vehicles can help to prevent the opportunity for sexual predators to conduct business within the Village where they would come in contact with our children. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. The foregoing WHEREAS clauses are hereby incorporated herein and made a part hereof. Section 2. Chapter 8.16, Mobile Food Vendors, of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: Chapter 8.16 MOBILE FOOD VENDORS 8.16.010 Definitions. Whenever in this Chapter, the following terms are used, they shall have the meanings respectively ascribed to them in this section: A. "Health Department' means the Health Department of the Village. B. "Food- vending vehicle" means a food - vending vehicle or mobile cart from which any food or beverage product is sold, given away, displayed, or offered for sale at retail or wholesale. A food - vending vehicle shall not include: 1. a temporary fixed food facility, 2. a food - vending - vehicle deployed during a disaster or an emergency situation, or 3. a prearranged delivery. 8.16.020 License For Food - Vending Vehicle. A. It is unlawful for any person to use or permit the use of any food - vending vehicle without first having obtained a Village license therefore. B. Applications for all licenses shall be made in writing to the Village on the form provided. C. The annual fee for a food- vending vehicle license shall be one hundred dollars ($100.00). The license shall expire on December 31St following the date of issuance. D. The food- vending vehicle license shall be permanently affixed to the lower inside left -hand corner of the windshield of the food - vending vehicle. E. The food - vending vehicle shall be inspected and approved by the Village prior to annual licensing. 8.16.030 Mobile Food Vendor Permit -- Required. It is unlawful for any person to operate a food - vending vehicle without having first obtained a mobile food vendor permit. The application for a food vendor permit shall be filed with the Village Clerk, and the applicant shall pay to the Village a nonrefundable filing fee of seventy dollars ($70.00) for an original application and thirty -five dollars ($35.00) for a renewal application. 8.16.040 Mobile Food Vendor Permit -- Application. A. An applicant for a mobile food vendor permit shall furnish the following information to the Village: 1. Name (including any alias) and address; 2. Social security number and driver's license number, if any; 3. Applicant's sex, race, weight, height, color of hair and eyes; 4. Whether the applicant has ever been convicted of, pleaded nolo contendere to, or suffered a forfeiture on a bond in relation to charges of committing any federal, state or local crime except minor traffic violations. If the answer is in the affirmative, a statement must be made giving the place and the court in which such conviction plea or forfeiture was had, the specific charge under which the conviction plea or forfeiture was obtained and sentence imposed; 2 O 1 � 0 B. Investigation. Upon filing of such application, the Chief of Police shall make or cause to be made a careful and diligent investigation, including fingerprinting of applicant. The report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be considered in evaluating the application. 8.16.050 Mobile Food Vendor Permit. A. The Village Clerk shall issue a mobile food vendor permit within forty - five (45) days following the filing of an application, unless an investigation report of the Chief of Police indicates that, within the last four years of the date of the application, the applicant has been convicted of: 1. A felony; or 2. Any offense involving sexual misconduct with children. B. The permit shall contain a photograph and full name of the mobile food vendor and the permit number. The permit must be worn on the front of the outer garment of the mobile food vendor at all times during the hours of operation of the food - vending vehicle. C. The permit shall expire on December 31St following the date of issuance. 8.16.060 Vehicle identification. No person shall operate or cause to be operated a food - vending vehicle that does not display on each exterior side of the vehicle, in letters not less than four inches high, the name of the owner or the assumed name under which the owner operates, the business address and telephone number of the owner, and the distinctive identifying number or symbol assigned to that vehicle. Such lettering shall be permanently affixed to the vehicle by painting, decal, or other method approved by the Health Officer. 8.16.070 Vehicle inspection. A. The food - vending vehicle shall be subject to inspection by the Village at anytime while in operation. B. The interior and the exterior of every food - vending vehicle and all equipment therein shall have smooth washable surfaces and shall be maintained in good repair and in a sanitary manner. 8.16.080 Parking and stopping. No person shall stop or park a food - vending vehicle on a public thoroughfare for the purpose of selling, giving away, displaying, or offering for sale any food or beverage product except for a period of time sufficient to consummate an immediate sale or sales. No person shall stop, park, or cause any food - vending vehicle to remain on any public property except pursuant to the order of a lawful authority or for the purpose of making emergency repairs to the vehicle. In no event shall any person sell or give away any food or beverage product from a food - vending vehicle while on public property other than a public thoroughfare. No person shall stop, park, or cause a food- vending vehicle to remain on any property for the purpose of selling, giving away, displaying, or offering for sale, any food or beverage product to any person other than the owner of such property or the owner's agents, customers, or employees, and then only for a period of time sufficient to consummate immediate sales. 8.16.090 Refrigeration. No person shall operate or cause to be operated a food - vending vehicle that displays or offers for sale any potentially hazardous foods that require refrigeration unless it is furnished with mechanical refrigeration equipment in good working order sufficient to maintain perishable food and beverage products at a temperature not in excess of forty-five (45) degrees Fahrenheit. Refrigeration compartments shall be kept clean, shall be constructed of tile, metal or other approved materials, and shall have no seams or cracks. Wet refrigeration is prohibited. 8.16.100 Food protection. All food, while being stored, prepared, displayed, served or sold, or during transport shall be protected from contamination. Perishable foods shall be stored such that spoilage will be minimized. All potentially hazardous foods shall be maintained at a safe temperature (forty -five (45) degrees Fahrenheit or below, or one hundred forty (140) degrees Fahrenheit or above), except during necessary periods of preparation and service. 8.16.110 Food - vending vehicles. No person shall operate or cause to be operated a food - vending vehicle without complying with all of the following requirements. A. Such persons shall establish a service room, which meets all of the requirements of Chapter 8.08 applicable to food establishments. The service room shall be used for the preparation and /or temporary storage, at temperatures as required by Chapter 8.08, of food and beverage products prior to the delivery thereof to a food - vending vehicle. Unless written authorization from the Health Officer to do otherwise is first obtained, food - vending vehicles shall be stocked only at and with food and beverage products prepared or stored at the service room. No food or beverage product shall be sold or otherwise distributed from a food - vending vehicle unless such product was prepared in a service room or in a food establishment, for either of which a valid permit is held, or in some other sanitary location appropriate for such preparation, which is regularly inspected by some recognized Health Department inspection service or as approved by the Director of Public Health of the State. Food and beverage 4 products not prepared in such a service room or establishment shall be stored at a service room prior to delivery to the prepared food - vending vehicle. B. All potentially hazardous hot foods shall be rapidly heated to one hundred forty (140) degrees Fahrenheit or above, or if being reheated the foods shall be reheated to one hundred sixty-five (165) degrees Fahrenheit or above, prior to being placed within the hot holding unit of the food - vending vehicle. All potentially hazardous cold foods shall be rapidly cooled to forty (40) degrees Fahrenheit or below prior to being placed within the cold holding unit of the food - vending vehicle. 8.16.120 Restriction on vehicle use. Food - vending vehicles shall be used for no purpose other than those purposes permitted by this Chapter. 8.16.130 Suspension, Revocation and Appeal The procedures set forth in Chapter 1.12 shall govern: (1) suspension and or revocation of a license or permit issued pursuant to this Chapter; (2) appeal of a revocation; and (3) appeal of a denial of an application. 8.16.140 Violation -- Penalties. Any person violating the provisions of this Chapter shall be punished according to the provisions of Chapter 1.08. Section 3. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 4. Any person violating any portion of this ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 5. This ordinance shall be in full force and effect from and after its passage, approval and publication. Notwithstanding the foregoing, Sections 8.16.030., 8.16.040., and 8.16.050. shall not become effective until January 1, 2004. This ordinance may be published in pamphlet form. AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn _Trilling NAYES: 0 - None ABSENT: 0 - None PASSED: November 17 , 2003. APPROVED: November 17 2003. PUBLISHED: November 18 , 2003. Village President ATTEST: —C illage Clerk FABuffalo Grove \Mobile Food Vendor\1 1/1 2/03.doc 0 .A y STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on November 17, 2003 the Corporate Authorities of the Village passed and approved Ordinance No. 2003 -73 entitled: AN ORDINANCE AMENDING CHAPTER 8.16, MOBILE FOOD VENDORS, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2003 -73 including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, November 18, 2003 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 18st day of November, 2003. Village Vrk By STATE OF ILLINOIS ) 11/12/03 ORDINANCE NO. 2003- 73 AN ORDINANCE AMENDING CHAPTER 8.16, MOBILE FOOD VENDORS, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; WHEREAS, licensing and inspection by the Village will help to insure that all food - vending vehicles meet the minimum food safety standards; and, WHEREAS, periodic Village health inspections are necessary to minimize the potential for a food poisoning incident; and, WHEREAS, background investigations on driver /operators of food - vending vehicles can help to prevent the opportunity for sexual predators to conduct business within the Village where they would come in contact with our children. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. The foregoing WHEREAS clauses are hereby incorporated herein and made a part hereof. Section 2. Chapter 8.16, Mobile Food Vendors, of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: l �' • I i � Whenever in this Chapter, the following terms are used, they shall have the meanings respectively ascribed to them in this section: A. "Health Department" means the Health Department of the Village. B. "Food- vending vehicle" means a food - vending vehicle or mobile cart from which any food or beverage product is sold, given away, displayed, or offered for sale at retail or wholesale. A food - vending vehicle shall not include: 1. a temporary fixed food facility, 2. a food - vending - vehicle deployed during a disaster or an emergency situation, or 3. a prearranged delivery. A. It is unlawful for any person to use or permit the use of any food - vending vehicle without first having obtained a Village license therefore. B. Applications for all licenses shall 'be made in writing to the Village on the form provided. C. The annual fee for a food - vending vehicle license shall be one hundred dollars ($100.00). The license shall expire on December 31St following the date of issuance. D. The food - vending vehicle license shall be permanently affixed to the lower inside left -hand corner of the windshield of the food - vending vehicle. E. The food - vending vehicle shall be inspected and approved by the Village prior to annual licensing. 8.16.030 Mobile Food Vendor Permit -- Required. It is unlawful for any person to operate a food - vending vehicle without having first obtained a mobile food vendor permit. The application for a food vendor permit shall be filed with the Village Clerk, and the applicant shall pay to the Village a nonrefundable filing fee of seventy dollars ($70.00) for an original application and thirty -five dollars ($35.00) for a renewal application. 8.16.040 Mobile Food Vendor Permit -- Application. A. An applicant for a mobile food vendor permit shall furnish the following information to the Village: 1. Name (including any alias) and address; 2. Social security number and driver's license number, if any; 3. Applicant's sex, race, weight, height, color of hair and eyes; 4. Whether the applicant has ever been convicted of, pleaded nolo contendere to, or suffered a forfeiture on a bond in relation to charges of committing any federal, state or local crime except minor traffic violations. If the answer is in the affirmative, a statement must be made giving the place and the court in which such conviction plea or forfeiture was had, the specific charge under which the conviction plea or forfeiture was obtained and sentence imposed; B. Investigation. Upon filing of such application, the Chief of Police shall make or cause to be made a careful and diligent investigation, including fingerprinting of applicant. The report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be considered in evaluating the application. 8.16.050 Mobile Food Vendor Permit. A. The Village Clerk shall issue a mobile food vendor permit within forty - five (45) days following the filing of an application, unless an investigation report of the Chief of Police indicates that, within the last four years of the date of the application, the applicant has been convicted of: 1. A felony; or 2. Any offense involving sexual misconduct with children. B. The permit shall contain a photograph and full name of the mobile food vendor and the permit number. The permit must be worn on the front of the outer garment of the mobile food vendor at all times during the hours of operation of the food - vending vehicle. C. The permit shall expire on December 31St following the date of issuance. No person shall operate or cause to be operated a food - vending vehicle that does not display on each exterior side of the vehicle, in letters not less than four inches high, the name of the owner or the assumed name under which the owner operates, the business address and telephone number of the owner, and the distinctive identifying number or symbol assigned to that vehicle. Such lettering shall be permanently affixed to the vehicle by painting, decal, or other method approved by the Health Officer. A. The food - vending vehicle shall be subject to inspection by the Village at anytime while in operation. B. The interior and the exterior of every food - vending vehicle and all equipment therein shall have smooth washable surfaces and shall be maintained in good repair and in a sanitary manner. No person shall stop or park a food - vending vehicle on a public thoroughfare for the purpose of selling, giving away, displaying, or offering for sale any food or beverage product except for a period of time sufficient to consummate an immediate sale or sales. No person shall stop, park, or cause any food - vending vehicle to remain on any public property except pursuant to the order of a lawful authority or for the purpose of making emergency repairs to the vehicle. In no event shall any person sell or give away any food or beverage product from a food - vending vehicle while on public property other than a public thoroughfare. No person shall stop, park, or cause a food - vending vehicle to remain on any property for the purpose of selling, giving away, displaying, or offering for sale, any food or beverage product to any person other than the owner of such property or the owner's agents, customers, or employees, and then only for a period of time sufficient to consummate immediate sales. No person shall operate or cause to be operated a food - vending vehicle that displays or offers for sale any potentially hazardous foods that require refrigeration unless it is furnished with mechanical refrigeration equipment in good working order sufficient to maintain perishable food and beverage products at a temperature not in excess of forty -five (45) degrees Fahrenheit. Refrigeration compartments shall be kept clean, shall be constructed of tile, metal or other approved materials, and shall have no seams or cracks. Wet refrigeration is prohibited. All food, while being stored, prepared, displayed, served or sold, or during transport shall be protected from contamination. Perishable foods shall be stored such that spoilage will be minimized. All potentially hazardous foods shall be maintained at a safe temperature (forty -five (45) degrees Fahrenheit or below, or one hundred forty (140) degrees Fahrenheit or above), except during necessary periods of preparation and service. No person shall operate or cause to be operated a food - vending vehicle without complying with all of the following requirements. A. Such persons shall establish a service room, which meets all of the requirements of Chapter 8.08 applicable to food establishments. The service room shall be used for the preparation and /or temporary storage, at temperatures as required by Chapter 8.08, of food and beverage products prior to the delivery thereof to a food - vending vehicle. Unless written authorization from the Health Officer to do otherwise is first obtained, food - vending vehicles shall be stocked only at and with food and beverage products prepared or stored at the service room. No food or beverage product shall be sold or otherwise distributed from a food - vending vehicle unless such product was prepared in a service room or in a food establishment, for either of which a valid permit is held, or in some other sanitary location appropriate for such preparation, which is regularly inspected by some recognized Health Department inspection service or as approved by the Director of Public Health of the State. Food and beverage products not prepared in such a service room or establishment shall be stored at a service room prior to delivery to the prepared food - vending vehicle. B. All potentially hazardous hot foods shall be rapidly heated to one hundred forty (140) degrees Fahrenheit or above, or if being reheated the foods shall be reheated to one hundred sixty -five (165) degrees Fahrenheit or above, prior to being placed within the hot holding unit of the food - vending vehicle. All potentially hazardous cold foods shall be rapidly cooled to forty (40) degrees Fahrenheit or below prior to being placed within the cold holding unit of the food - vending vehicle. Food - vending vehicles shall be used for no purpose other than those purposes permitted by this Chapter. 8.16.130 Suspension, Revocation and Appeal The procedures set forth in Chapter 1.12 shall govern: (1) suspension and or revocation of a license or permit issued pursuant to this Chapter; (2) appeal of a revocation; and (3) appeal of a denial of an application. Any person violating the provisions of this Chapter shall be punished according to the provisions of Chapter 1.08. Section 3. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 4. Any person violating any portion of this ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 5. This ordinance shall be in full force and effect from and after its passage, approval and publication. Notwithstanding the foregoing, Sections 8.16.030., 8.16.040., and 8.16.050. shall not become effective until January 1, 2004. This ordinance may be published in pamphlet form. AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling NAYES: 0 - None ABSENT: 0 - None PASSED: November 17 , 2003. APPROVED: November 17 , 2003. PUBLISHED: November 18 , 2003. APPROVED: Village President ATTEST: illage Clerk FABuffalo Grove \Mobile Food Vendor\1 1/1 2/03.doc