The URL can be used to link to this page

Home My WebLink AboutOrdinances - 24-46 - 09/03/2024 - Food Trucks CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 24-46 ORDINANCE ADOPTING MOBILE FOOD TRUCK REGULATIONS TO TITLE 4 BUSINESS AND LICENSE REGULATIONS OF THE CITY OF MCHENRY MUNICIPAL CODE Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois September 3, 2024 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 4th Day of September 2024 ORDINANCE NO. 24-46 ORDINANCE ADOPTING MOBILE FOOD TRUCK REGULATIONS TO TITLE 4 BUSINESS AND LICENSE REGULATIONS OF THE CITY OF MCHENRY MUNICIPAL CODE WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: That Title 4: Business and Licenses Regulations of the City of McHenry Municipal Code is hereby amended with the text amendment language attached hereto this Ordinance as "EXHIBIT A". SECTION 2: That Title 5: Health and Sanitation is hereby amended as follows: "§5-11-1 Definitions: <DELETE> cnnn To�►r�.� 4 fnnr��ri�n� i mn��ri�orJ �iohinle�h'+�ic oivi iir�r�oi-1��ii4h � rr r + ' §5-11-3 License Required: <DELETE> . . „ SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 3rd day of September, 2024. Ayes Nays Absent Abstain Alderwoman Bassi x Alderman Davis x Alderman Glab x Alderman Koch x Alderman McClatchey x Alderwoman Miller x Alderman Santi x �,+' �� GZ ' Wayne Jett, Mayor Monte J�hnson, Deputy City Clerk EXHIBIT A Mobile Food Truck Regulations §4-14-1 Mobile Food Truck Vendors §4-14-2 Definition MOBILE FOOD TRUCK VENDOR:The operator or proprietor of a vehicle (or other temporary or portable equipment) intended or designed for the cooking or preparation of hot and cold ready-to-eat food, prepackaged foods and drink for sale or distribution on a temporary basis at locations that may change from time to time.The term "Mobile Food Truck Vendor" shall include, but not be limited to,vehicles and tents,tables,food carts and other material used for such temporary food and drink service. §4-14-3 Licensing and Exemptions A. No person shall do business as a Mobile Food Truck Vendor on either 1) Public property, or 2) private property unless they have obtained a license from the City.This restriction shall not apply to special events otherwise approved by the City. B. Possession of a Mobile Food Truck Vendor's license is a privilege, not a right; and the City reserves the right at the sole discretion of the City Administrator, or his or her designee,to determine the number of Mobile Food Truck Vendor licenses to be issued and to refuse issuance of or to rescind said license. C. Any Mobile Food Truck Vendor who violates the terms or conditions of the license is subject to revocation of the license by the licensor. D. A Mobile Food Truck Vendor's license is valid for one (1)vehicle only and shall not be transferable from person to person, business to business or from place to place without the approval of the City Administrator or his or her designee. §4-14-4 General Provisions A. A mobile food truck shall not be located on any parcel zoned residential, unless approved by the City Administrator, or his or her designee, as part of a special event. B. A mobile food truck shall be situated on a suitable surFace, as determined by the City Administrator or his or her designee. C. A mobile food truck shall not be located between an existing parking lot and the street and shall not interfere with fire lanes or with vehicular or pedestrian circulation. Any means of emergency ingress/egress to an existing principal use on a parcel shall not be blocked.The City, at the City Administrators, or his or her designee's sole discretion, may require that permit applications be reviewed by the Police and Public Works departments and the McHenry Fire/Rescue District for public safety issues. D. No mobile food truck shall use external signage, bollards, seating, or any other equipment not contained within the vehicle except for one, a-frame style sign, with a sign area no greater than 6 square feet, which must be located within 10 feet of the mobile food truck. E. Portable lights, lights which flash, and similar attention-getting devices are not permitted. Outside amplifying equipment or noisemakers shall not be used. F. Any power required for a mobile food truck located on public property shall be self-contained and shall not use utilities drawn from public property, unless otherwise approved by the city. G. Mobile food trucks must provide receptacles for refuse or use waste receptacles unless otherwise authorized by the City Administrator, or his or her designee, and must properly dispose of all waste on a daily basis. H. Mobile food trucks shall not provide seating or tables for their customers. I. Overnight storage of Mobile Food Trucks shall be prohibited unless issued a permit in connection with a City-sponsored or City-approved special event. J. Hours of operation for a Mobile Food Truck Vendor shall be limited to between 7:00 a.m. and 11:00 p.m. K. No mobile food truck shall offer drive-through or drive-by service. L. Unless the Mobile Food Truck is issued a permit in connection with a City-sponsored or City- approved special event permitting a longer duration, the operation of each Mobile Food Truck on a property shall be limited to three days in any seven-day period. M. Mobile Food Trucks shall be prohibited from operating on public property unless issued a permit in connection with a City-sponsored or City-approved special event. §4-14-5 Applications A. Applications for a Mobile Food Truck Vendor's license shall be made to the Community Development Department upon forms supplied by the City, not less than seven (7) calendar days in advance of the date for which the license is requested. No license shall be issued unless the application is completed in full. B. In addition to the completed application, applicant must supply the following. 1. Mobile Food Truck Vendors locating on private property shall provide written permission from the property owner. 2. A site plan or map showing the location of the mobile food truck, with property lines, physical improvements, existing buildings and structures, parking areas and spaces, and similar features along with information regarding provisions for power, potable water, and sanitary disposal. 3. Depiction of the appearance and design of the mobile food truck, including exterior dimensions, signage, and exterior lighting features. 4. Proof of liability insurance for the activity to be licensed, naming the City of McHenry as additional insured, in an amount not less than one million dollars ($1,000,000.00) combined single limit. 5. A valid copy of all necessary licenses or permits required by the State and County health authorities for the operation of a mobile food truck. 6. A valid copy of the driver's licenses for all individuals operating the mobile food truck. 7. Execute an indemnification and hold harmless agreement with the City of McHenry for any and all claims related to the activity to be licensed. 8. The fee for a Mobile Food Truck Vendor's license is twenty-five dollars($25)for each day. Provided, however,that this fee and license requirement shall be waived for any applicant having a brick-and-mortar restaurant or other licensed food service establishment operating in the City. 9. Any and all Mobile Food Truck Vendor's licenses shall be subject to any restrictions or conditions deemed necessary for the public health, safety and welfare by the City Administrator, or his or her designee, and the license may be revoked for good cause shown by the City, including failure to comply with any provisions of the City Code or any risk to public health, safety and welfare. 10. For sales tax reporting purposes,the City of McHenry shall be the point of sale for all sales from a mobile food truck occurring within the corporate limits. §4-14-6 Penalties The City Administrator, or his or her designee, may impose fines against any license or any agent thereof who violates the provisions of this chapter in an amount not less than five hundred dollars($500.00)for each violation.