HomeMy WebLinkAboutOrdinance #4296 - Amending Title 3, Chapter 2 (Business Regulations -- Licenses, Certain Occupations) of the Canton Municipal Code ORDINANCE NO. 4296
AN ORDINANCE AMENDING TITLE 3, CHAPTER 2
(BUSINESS REGULATIONS --LICENSES, CERTAIN OCCUPATIONS)
OF THE CANTON MUNICIPAL CODE
WHEREAS, the City of Canton, Fulton County, Illinois (the "City") is an Illinois non-
home rule municipal corporation, established in accordance with the constitution of the State of
Illinois of 1970;
WHEREAS, Title 3, Chapter 2 of the Canton Municipal Code (the "Code") contains
provisions related to licenses for certain occupations, as more fully set forth therein;
WHEREAS,persons and entities owning food trucks or similar businesses have continued
to show an interest in operating in the City of Canton;
WHEREAS,the City believes it necessary and in the best interests of its citizens to protect
its citizens and local, legally operating businesses by deterring persons, or entities that operate
within the City of Canton without the proper licenses or authorizations;
WHEREAS, the City Council of the City of Canton has determined that it is necessary
and in the best interest of the City to amend and update Title 3, Chapter 2 of the Code to regulate
food trucks and similar businesses desiring to operate within the City of Canton and to update
penalties for the violations of certain provisions of Title 3, Chapter 2 of the Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CANTON, FULTON COUNTY, ILLINOIS AS FOLLOWS:
Section 1. That the City hereby finds as fact the recitals set forth above and incorporates said
recitals herein as though fully set forth.
Section 2. That Section 3-2-1 of the Code is hereby amended in its entirety to state as follows:
3-2-1: ITINERANT VENDORS AND TRANSIENT MERCHANTS:
(A) License Required: It shall be unlawful within the city to offer for sale or to sell
tangible personal property from motor vehicles or unoccupied lots except in a proper
commercial zone, in compliance with the "open air business" rules and with a license in
accordance with this chapter.
(B) Definitions: The terms "transient merchant" and "itinerant vendor" shall have the
meanings set forth in the definitions section of the transient merchant act of 1987.
(C) Violation And Penalty: in addition to the penalties provided under Section 3-2-7,
violations of this section, the police department is authorized to seize trucks or other
vehicles and personal property involved in unlicensed sales.
Section 3. That the following language from Section 3-2-4 of the Canton Municipal Code
is hereby repealed and deleted:
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Peanut,pop, lemonade, fruit, fish, hamburger or candy stands, when $5.00 per
not engaged in as a regular business or avocation in some building day
kept for such purpose
Section 4.That Section 3-2-5-19 of the Code is hereby repealed and deleted in its entirety.
Section 5. That Section 3-2-7 of the Code is hereby amended in its entirety to state as
follows:
3-2-7: PENALTY:
Any person who operates without a proper license or otherwise violates any of the
provisions of this Chapter shall be subject to the revocation of any license issued (if any)
and/or the forfeiture of any fees paid to the City of Canton, as determined by the Mayor or
the City Council. Additionally, any person who operates without a property license or
otherwise violates,any provisions of this Chapter shall be subject to a fine of not less than
one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) upon
conviction of each offense. Each calendar day(or portion thereof)during which any person
makes, causes, or continues a violation of any provision of this Chapter shall be deemed a
separate offense or violation. A licensee shall be fully responsible for any violation of this
Chapter occasioned by or with the condonation of the licensee's partners, directors,
members, managers, officers, shareholders, agents, or employees and any such violation
shall be imputed to the such licensee (if any).
Section 6. That Sub-Section 3-2-8(I) of the Code is hereby amended in its entirety to state
as follows:
(I) Penalty: In addition to the revocation of license provided for in subsection(H) of this
Section 3-2-8, any person who violates any of the provisions of this Section 3-2-8 shall be
subject to Section 3-2-7.
Section 7. That Sub-Section 3-2-9(D)of the Code is hereby amended in its entirety to state
as follows:
(D) In addition to the penalties under Section 3-2-7, and in the event of a violation of this
Section 3-2-9, local law enforcement officials are authorized to seize all wares offered for
sale by an unregistered vendor or any illegal items offered for sale by any vendor.
Section 8. That Sub-Section 3-2-10(G) of the Code is hereby amended in its entirety to
state as follows:
(G) Penalty: In addition to the penalties under Section 3-2-7, and in the event of a
violation of this Section 3-2-10, local law or code enforcement officials are authorized to
stop all work being performed by any unlicensed contractor.
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Section 9. That Section 3-2-11,to be entitled"Food Trucks," of the Code is hereby added
to state as follows:
3-2-11: FOOD TRUCKS:
(A)Definitions:
Food Truck. A self-contained food service operation, located in a readily movable,
motorized wheeled or towed vehicle, used to store, prepare, display, or serve food. A
food truck also includes food carts that are non-motorized, pushcarts, stands, or tents
for the sale of food and beverage. A food truck shall not include: (i) a vehicle intended
purely for the delivery of food to a restaurant or business for purposes of resale (e.g.
food distributor); (ii)a vehicle operating as a delivery vehicle for food and/or beverage
prepared at a permanent location (e.g. pizza delivery) or delivering food or beverages
to regular customers on established routes (e.g. milk delivery); (iii) an ice cream truck,
as defined below; (iv) a lemonade stand as defined by 410 ILCS 625/3.9; or (v) a
pushcart, stand, or tent operated by a restaurant or bar,on the premises of the restaurant
or bar, as part of its business operations.
Ice Cream Truck: A motor vehicle or trailer in which primarily ice cream, popsicles,
ice sherbets, or similar frozen desserts are carried for purposes of retail sale from the
motor vehicle on public roadways in the City of Canton.
Pushcart: A nonself-propelled vehicles selling and/or serving food or beverage
products for use or consumption of the purchaser and not for resale.
(B) License Required: It shall be unlawful for any person or entity to operate a Food
Truck without a Food Truck License issued pursuant to this Section 3-2-11, except as
otherwise stated in this Section 3-2-11.
(C) License Application: Prior to the issuance of a Food Truck License, all persons or
entities seeking such license shall complete an application,on a form approved by the City
Clerk. For purposes of this Section 3-2-11, the following information, at a minimum,must
be included on or with an application for a Food Truck License:
1. Applicant's Name.
2. Applicant's Business Address (P.O. Box is not sufficient).
3. Applicant's Residential Address, and if the applicant is a corporation or other
business entity, then the residential addresses of its partners, officers, or
members.
4. The location(s) that the Applicant intends to operate the Food Truck.
5. The nature of the business which the applicant intends to conduct.
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6. Proof, satisfactory to the City, of the Fulton County Health Department's
approval of the Applicant's operation of the Food Truck.
7. The Applicant's Illinois business tax(IBT)number.
8. Proof of the Applicant's general liability insurance policy with the City of
Canton added as an additionally insured party and minimum limits of
$1,000,000.00 individually and in the aggregate.This must be provided prior to
the issuance of the license, if not available at the time of application.
9. The location(s), date(s), and time(s) the Applicant will operate.
• 10. If the Applicant intends to operate on private property, written proof,
satisfactory to the City, of the private property owner's permission to operate
the Food Truck on its premises.
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11. A sworn statement that the Applicant has reviewed and understands the
ordinances applicable to Food Trucks and that the Applicant will comply with
all applicable federal, state,and local laws,rules,regulations,and/or ordinances
regarding the operation and use of the Food Truck within the City of Canton.
Applicants and applications meeting the requirements of this Section 3-2-11 shall be
submitted to the City Clerk's Office for consideration, and upon acceptance of the
application by the City Clerk and payment of an annual fee of Two Hundred Fifty Dollars
($250.00), a Food Truck License will be issued to the Applicant for a period of one (1)
year. Alternatively, a Food Truck License may be issued on a daily basis for up to ten(10)
days per calendar year for $25.00 per day. In the event of an application for a Food Truck
License on a daily basis,the application must specifically set forth the days the Food Truck
will operate. Refunds shall not be issued solely due to weather conditions.on the days
selected by the Applicant. Food Truck Licenses may be limited to the locations, dates, and
times requested or otherwise set forth by the City of Canton on the Food Truck License.
Each Food Truck License shall be valid for only one (1) Food Truck, and a separate
application and fee must be submitted for each Food Truck.
(D) Special Events: Persons or entities are not required to obtain a Food Truck License
for purposes of a special event, festival, farmer's market, or other event approved by the
City of Canton in which food or beverage will be sold or served.
(E) Food Truck Requirements: In addition to paying the annual fee and obtaining a
Food Truck License, all persons or entities operating a Food Truck shall:
1. Prominently display the Food Truck License so that it can be easily viewed by
any customers of the Food Truck;
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2. Comply with all other City of Canton ordinances, rules, and regulations;
3. Comply with all federal, state, and local laws,rules,ordinances,and regulations
applicable to the service and/or sale of food and/or beverages, including but not
limited to rules and regulations set forth by the Illinois Department of Public
Health or Fulton County Health Department;
4. Not sell any alcoholic beverages without a valid liquor license and express
permission by the City of Canton, State of Illinois, Illinois Liquor Control
Commission, and/or other applicable governing body or agency;
5. Have a valid license and registration for any vehicle or trailer, as applicable;
6. Not operate during the hours of 12:00 a.m. and 7:00 a.m. on Monday through
Friday or between the hours of 1:30 a.m. and 7:00 a.m. on Saturday or Sunday;
7. Not block, obstruct, or interfere with vehicular, bicycle, or pedestrian flow or
traffic;
8. Not use or maintain any sound amplifying equipment or noisemaking apparatus
that disrupts other businesses, exceeds 75 decibels as measured from ten feet
away, or unreasonably interferes with resident's quiet enjoyment of their
residence;
9. Not operate within five hundred (500) feet of a special event, farmer's market,
or festival authorized by the City of Canton,if the Food Truck is not part of the
event or does not have permission to operate within the area of the special event,
farmer's market, or festival;
10. Maintain the Food Truck in a sanitary and good mechanical and/or structural
condition, as applicable;
11. Provide trash receptacles sufficient to collect trash generated by their operation
and shall collect and remove all trash generated by said operation prior to
leaving the location;
12. Not dispose of any fats, oil, or grease on any public property or in the City's
sewer system;
13. Only permit sales from the curbside of a vehicle when parked on a City street
that is otherwise a permitted area for the Food Truck to operate;
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14. Collect and remit all necessary taxes associated with the sale of food and/or
beverages, in accordance with federal, state, and local laws, ordinances, rules,
and regulations;
15. Maintain working, up-to-date fire extinguishers in all cooking areas.
(F) Permitted Areas: Food Trucks shall not operate in any area within the City of
Canton except as expressly enumerated below:
1. Areas authorized by the City of Canton for a special event, farmer's market, or
festival.
2. Areas that have zoning regulations which would otherwise permit for the
operation of food trucks or food and/or beverage sales, subject to being an
otherwise permissible public or private property as set forth below.
3. Public property under the ownership or control of the City of Canton, but only
as designated by the Mayor or the Director of Commercial Planning & Zoning
with the approval of the Mayor, as an approved "Food Truck Zone." Other
public properties under the control of other public entities located within the
corporate boundaries of the City of Canton, such as the school district or park
district, shall also be permitted, provided they areoperating by approval of the
other public entity and in an approved Food Truck Zone as designated by the
Mayor or the Director of Commercial Planning &Zoning with the approval of
the Mayor. The City Clerk's Office will maintain a list of approved Food Truck
Zones and the dates/times said Food Trucks may operate within said Food
Truck Zone.
4. Private properties with the written permission of the owner,provided,however,
that no Food Trucks shall be permitted North of Hickory Steet and South of
Myrtle Street,between Avenue B and Sixth Avenue,unless operating within an
Area otherwise authorized by the City of Canton for a special event, farmer's
market,or festival or if designated by the Mayor or the Director of Commercial
Planning &Zoning with the approval of the Mayor as a Food Truck Zone. The
City Clerk's Office will maintain a list of said approved Food Truck Zones and
the dates/times said Food Trucks may operate within said Food Truck Zone.
(G) Peripheral Setup to Food Truck: No tents, tables, or chairs shall be placed outside
the Food Truck without the express permission of the City of Canton. Signage shall be
limited to the Food Truck and/or a free-standing sandwich board. Connection to city water
and sewer is prohibited unless proper approval by the City of Canton is obtained. Trash
receptacles must be visible to patrons of the Food Truck and must be removed before the
Food Truck departs.
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(H) License Revocation or Denial: The Mayor or the City Council may deny an
application for a Food Truck License or, in addition to the other penalties set forth in this
Chapter, revoke a Food Truck License without a refund of any fees if:
1. The applicant has failed to comply with this Chapter or any other ordinances of
the City of Canton or is found in violation of this Chapter or any other
ordinances of the City of Canton;
2. The applicant has any outstanding debt owed to the City of Canton;
3. The applicant made a false material statement on the application for a Food
Truck License; or
4. The applicant failed to comply with the terms or conditions of any Food Truck
License issued pursuant to this Chapter.
(I) Exemptions: The following organizations or entities are exempt from the Food Truck
licensing and fee requirements of this Section 3-2-11:
1. Youth Organizations: Members of the Girl Scouts, the Boy Scouts, and other
such youth organizations which are sponsored by the elementary and secondary
schools in this City who sell merchandise on behalf of such organizations.
2. Nonprofit Organizations: Food or beverage sales conducted or sponsored by
governmental, civic, patriotic, fraternal, educational,, religious, or benevolent
organizations which have been in active and continuous existence for at least
one year prior to the holding of the sale, or which are incorporated as a not-for-
profit corporation by the State of Illinois, unless done for the financial gain of
the individual, corporation, or other business entity so engaged in such activity.
3. Concessions: Sales incidental to sporting events, concerts, or performances of
plays, circuses, or similar presentations where said sales are conducted by the
person producing the event.
Section 10. That all ordinances or parts thereof in conflict with this Ordinance are hereby
expressly repealed.
Section 11. If any part or parts of this Ordinance shall be held to be unconstitutional or
otherwise invalid, such unconstitutionality or invalidity shall not affect the validity of the
remaining provisions of this Ordinance.
Section 12. That this Ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
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PASSED THIS 2nd day of August, 2022.
AYES: Alderperson Greg Gossett, Angela Lingenfelter, Jeff Fritz, Angela Hale, John
Lovell, Justin Nelson,
NAYS: None
ABSENT: Alderperson Andra Chamberlin,Craig West
APPROVED THIS 2nd day of August, 2022.
f YYi
Kent A. McDeMayor
ATTES
Diana =avley-'oc-, City Clerk
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