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An Ordinance Amending Chapter 129 (Food Trucks and Food Truck Operators) of the Village Code of Ordinances
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WHEREAS, Village desires to regulate food truck operations within Village limits to permit such operations only at special events; and
WHEREAS, Village has determined that it is necessary to adopt an ordinance regulating food truck operations within the Village, as authorized under 625 ILCS 5/12-602.1.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: Chapter 129 (Food Trucks and Food Truck Operators) of the Village of Romeoville Code of Ordinances shall be amended to replace the current text of Chapter 129 of the Village Code of Ordinances with text to read as follows:
§ 129.01 DEFINITIONS.
For the purposes of this chapter, the following phrases shall have the meaning respectively ascribed to them by this section:
“APPLICANT.” Any natural person or entity, acting individually or for any other person or entity in any capacity; or any other entity recognized by law, other than the Village, that submits an application to the Village pursuant to this chapter.
“ENTITY.” Any association, partnership, firm, club, company, corporation, limited liability company, institution, agency, government corporation, municipal corporation, district or other political subdivision, or any officer(s), agent(s), employee(s) or other representative(s), acting individually or for another individual or entity in any capacity.
“SPECIAL EVENT.” Any event and/or open-air meeting at which a group of people are expected to gather, held in whole or in part on private property within the Village, including but not limited to HOA events, Village or government sponsored events, charity events, special events hosted at or by local businesses, or other public meetings or gatherings which significantly impact the Village or its residents in some way.
"BEVERAGES." A liquid for drinking that does not contain alcohol.
"FOOD" or "FOODSTUFF." Any substance that is defined as a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.
"FOOD DELIVERY VEHICLE." Any vehicle that is primarily used for the delivery of food or beverages to consumers in the Village, on request for such delivery, but does not include vehicles that primarily make deliveries of supplies or inventory to licensed food establishments, food stores, or mobile food service establishments.
"FOOD PREPARATION." Packaging, processing, cooking, assembling, portioning, or any operation that changes the form, flavor, or consistency of food, but does not include trimming of produce.
"FOOD TRUCK." A licensed, motorized vehicle modified to include facilities for the cooking, processing and preparation of food and beverages, when temporarily parked on property other than a public street, road or right-of- way, and from which food items or beverages are then sold to the general public.
"FOOD TRUCK OPERATOR." The owner or operator of a food truck to be licensed under this chapter, and who shall be the party responsible for the compliance of the operations of the food truck with the requirements of this chapter, the Village Code, and other applicable laws and regulations.
§ 129.02 COMPLIANCE WITH STATE AND LOCAL LAWS.
Each food truck that is permitted to operate at special events within the Village shall be operated in strict compliance with the regulations set forth in this chapter as well as all applicable ordinances, laws, rules, and regulations, including without limitation, all zoning, building, health, fire, and safety regulations, and all other provisions of this Code, the Will County Code, and state law. If a conflict arises between applicable regulations, the strictest regulation shall control.
§ 129.03 PERMITTED OPERATIONS.
Unless otherwise permitted by the Village by its own accord, it shall be unlawful for any food truck to operate within the Village except at special events for which the food truck operator has received a permit from the Village to allow for the operation of their food truck at and during the event and in compliance with this chapter.
Nothing in this chapter shall prevent businesses within the Village from applying for a special event food truck permit which would allow a food truck operator to operate near said business, even if the food truck may be parked on the street or within 300 feet of another food-service business, so long as the business has applied and been approved for such necessary permits in accordance with the processes prescribed in this chapter.
§ 129.04 APPLICATION.
(A) Any applicant desiring to operate a food truck at a special event must provide the following supplemental documentation with a permit application, on a form provided by the Department of Community Development.
(1) A statement indicating where and at what times the special event will be held, which also specifies the locations and intended hours during which a food truck will be present and operating.
(2) The name and address of the food preparation establishment or food establishment where food items are to be prepared and/or packaged for sale by the food truck operator from the food truck with copies of the establishment’s most recent health inspection report and Will County Health Department permits, and copies of the same documentation with respect to the food truck or food truck operator;
(3) A description of the nature of the food and beverages offered by the food truck;
(4) A letter of agreement from the food preparation establishment or food service establishment where food items are prepared and/or packaged for sale by the food truck operator from the food truck agreeing to comply with all applicable laws and regulations;
(5) A description of the food truck to be used in conducting business at the event;
(6) Copies of all necessary licenses or permits required by State of Illinois health or transportation authorities for the operation of the food truck which may be submitted by the operator of said food truck;
(7) The permit application must include the written consent of the property owner stating the food truck is allowed to operate on the property, together with copies of any relevant documentation between the property owner and the food truck operator evidencing the terms of such consent; and
(8) A signed statement approved by the Village as to form and substance providing that the food truck operator and event host shall hold harmless the Village and its officers and employees, and shall indemnify the Village, its officers, and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried out under the terms of the license. Contemporaneously with the issuance of a license under this chapter, the event host or food truck operator shall obtain or have in full force and effect commercial general liability insurance coverage insuring the food truck operator and the Village with respect to occurrences arising out of the activities authorized by the license, with such coverage having combined single limits of not less than $1,000,000 for personal injury and death and property damage per occurrence, and in the aggregate, which coverage shall specifically refer to this license. Coverage of the Village shall be by written endorsement, naming the Village as an additional insured.
(9) The food truck operator shall further maintain automobile liability insurance with coverage of not less than $1,000,000 for personal injuries or death per occurrence and $1,000,000 for property damage per occurrence. All insurance coverage provided under the license shall expressly provide that it is primary and noncontributory to any insurance coverage maintained by the Village and shall waive any rights of recovery against the Village.
Copies of all policies of insurance, certificates of insurance and endorsements reflecting the coverages required under this agreement shall be provided to the Village prior to the issuance of any license under this chapter. All such insurance coverage shall further provide that it may not be canceled except upon 30 days’ written notice served upon the Village Manager. A license issued pursuant to the provisions of this section shall be invalid at any time the insurance required herein is not maintained and evidence of continuing coverage is not filed with the Department of Community Development.
(B) At the time of application, all applicants shall pay a special event food truck license fee of $50 which may be paid by the event host or food truck operator.
§ 129.05 CONDITIONS OF LICENSE.
In addition to naming the applicant and food truck operator, the approved operating location and other information deemed appropriate by the Village Department of Community Development, the license shall be subject to the following conditions:
(A) Each license shall expire at the close of the event for which it was issued;
(B) Each event shall last no longer than three days, and no more than two events shall be held in any given month at any given location;
(C) The license shall not be transferable from one food truck operator or from location to location or event to event without the review and approval of the Department of Community Development;
(D) Each license is valid only for one food truck and is valid only for the locations and events approved pursuant to the license application, or such locations and events as are subsequently approved by the Department of Community Development; and
(E) There shall be issued to each applicant a suitable license that shall be permanently affixed to the vehicle in a prominent location during the event.
(F) A license is only valid for and may only be issued in accordance with the provisions of the Village Zoning Ordinance as set forth in Chapter 159 <https://codelibrary.amlegal.com/codes/romeoville/latest/romeoville_il/0-0-0-17278> of this Code.
(G) Issuance of a license shall be further subject to the condition that the license applicant shall have had its food truck inspected by the Village for compliance with the applicable provisions of the International Fire Code as adopted pursuant to Chapter 91 of the Village Code of Ordinances not more than one year prior to the date of the event for which the license is to be issued/
§ 129.06 USE STANDARDS.
(A) Food trucks must be brought to a complete stop, with the ignition turned off, and be lawfully parked within the location approved for the license prior to commencing operations.
(B) Food truck operators must provide or have garbage receptacles readily available for immediate use by customers. Village trash receptacles are not to be used for this purpose. Such receptacles shall be removed from the site upon the conclusion of the event.
(C) Food truck operators must pick up, remove, and dispose of all garbage, refuse, or litter consisting of foodstuffs, wrappers, and/or materials at one time dispensed from the food truck, and any residue deposited on the street from the operation thereof, and shall otherwise maintain in a clean and debris-free condition the entire area within a 25-foot radius of the location where the business is operating.
(E) Food trucks must be located at least five feet from the edge of any driveway or public sidewalk, utility boxes and vaults, handicapped ramp, building entrance, exit or emergency access/exit way, or emergency call box and must not locate within any area of a lot that impedes, endangers or interferes with pedestrian or vehicular traffic.
(F) Food trucks must be located a minimum distance of 15 feet in all directions of a fire hydrant.
(G) Food trucks must never occupy any handicap accessible parking space.
(H) No food truck operator shall sell, display, solicit, barter, gift, and/or exchange any food or beverages as provided in this Code from a food truck within 300 feet of the entrance to a business establishment which is open for business and is offering for sale any food, beverages or foodstuffs as an item offered for sale by the food truck operator; or within 300 feet of any restaurant, cafe, or eating establishment which is open for business. This prohibition may be waived if the operator of the food truck has obtained written consent of the owner of the relevant business or food service establishment to operate within this minimum distance. A copy of such written consent shall be maintained in the food truck for review on request by any village employee or officer.
§ 129.06 HOURS OF OPERATION.
Set up of a food truck may not occur before one hour prior to the permitted time of the special event, and the end-of-the-day clean up must be completed not later than one hour after the stated end time of the event. Food trucks shall not be parked on the premises from which they operate under license during the time period after end of the day clean up and before the permitted set up time. Hours of operation beyond these specified hours for special events conducted by an owner or occupant of the location proposed for the operation of the food truck may be authorized only with prior approval by the Village Department of Community Development, upon verification that the conduct of the proposed event otherwise complies with the applicable ordinances of the Village, and the laws and regulations of any other governmental authorities having jurisdiction.
§ 129.08 SIGNAGE FURNISHING AND FIXTURES.
All identifying information, logos, advertising, decorations, or other displays on the exterior of a food truck shall conform to the purposes set forth in Chapter 159 <https://codelibrary.amlegal.com/codes/romeoville/latest/romeoville_il/0-0-0-17278> of the Village of Romeoville Zoning Code to the extent possible. In particular, exterior displays shall be designed to minimize confusion or distraction that jeopardizes vehicular and pedestrian safety. It shall be unlawful for a food truck operator to use or cause to be displayed while in transit or motion, flashing or electronic signs or illuminated signs. It shall be unlawful for food truck operators to display or utilize any signage that is not permanently affixed to a mobile food unit unless a temporary sign permit application was filed in accordance with Chapter 159 <https://codelibrary.amlegal.com/codes/romeoville/latest/romeoville_il/0-0-0-17278> of the Village of Romeoville Zoning Code.
§ 129.09 SUSPENSION/REVOCATION OF LICENSE.
Operation of a food truck without valid licenses or permits from the Village, Will County Health Department and the State of Illinois, as required, shall be a violation of this chapter, and shall further render the food truck operator subject to proceedings for the revocation of their food truck license.
§ 129.10 EXEMPTION; SCOPE.
Food delivery vehicles shall be exempt from the application of this chapter. The regulations of this chapter shall only apply to the food truck operators in connection with their operation of food trucks, as defined herein.
§ 129.11 ENFORCEMENT AND PENALTIES.
(A) The village may enforce the provisions of this chapter by filing an action in the Circuit Court for the 12th Judicial Circuit, Will County, Illinois, or by beginning adjudication processes in accordance with Chapter 42A of this Code. Without otherwise limiting the foregoing, the village may bring an action to collect payment of unpaid fees or to compel the licensee to take actions to comply with the requirements of this chapter.
(B) Any person found to have violated any of the provisions of this chapter shall, upon conviction thereof (or upon entry of a guilty plea or other plea the substance of which is to admit or fail to contest the charged violations of this chapter) be fined not less than $100 nor more than $750 for a first violation, and not less than $250 nor more than $750 for a second or subsequent violation.
SECTION 3: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 4: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION 5: EFFECTIVE DATE; APPLICATION MORATORIUM. This Ordinance shall take effect on January 1, 2024, subject to its prior passage, approval and publication in pamphlet form as provided by law. From and after the date of the adoption of this ordinance through and including December 31, 2023, the Village shall not accept or process any applications for food truck licenses under the provisions of the then-effective Chapter 129 of the Village Code of Ordinances, nor shall it issue any such licenses during such time period.