CHAPTER 6
LICENSES & PERMITS  

ARTICLE I
Door-to-Door Salesmen, Vendors, Peddlers and Solicitors  

(Amended 08/08/11)  

SECTION 6-1: DEFINITIONS  

For the purpose of this Chapter the terms defined in this section have the meanings ascribed to them:  

“PEDDLER” means any person with no fixed place of business who goes from house to house,  from place to place, or from street to street, carrying or transporting goods, wares, services, or  merchandise and offering or exposing the same for sale or making sales and deliveries to a purchaser.  

“SOLICITOR” means any person who goes from house to house, from place to place, or from  street to street, soliciting or taking or attempting to take orders for any goods, wares, services, or  merchandise including books, periodicals, magazines, cleaners, meats, or personal property of any  nature whatsoever for future delivery.  

“TRANSIENT MERCHANT” means any person, firm, or corporation who engages temporarily in  the business of selling and delivering goods, wares, services, or merchandise within the Village, and who,  in the furtherance of such purpose, hires, leases, uses or occupies any building, structure, vacant lot,  motor vehicle or trailer.  

SECTION 6-2: PERMIT REQUIRED 

 (A) It shall be unlawful for any person, club, company, corporation, organization or business to  engage in the business or occupation of door-to-door selling, peddling, or soliciting within the Village of  Lena, Illinois without first having obtained a permit, therefore, in accordance with the terms and provisions  of this Ordinance. No person, club, company, corporation, organization, or business shall be deemed  fully licensed until a permit has been actually issued and delivered to the applicant.  

SECTION 6-3: APPLICATION/PERMIT FEE  

 (A) Any person desiring to solicit orders for goods, wares, services or merchandise for the  purpose of disposing of them in any manner shall make application in person on a form supplied by the  Village Clerk. A permit fee of $25.00 per day/per license application will be paid in advance of issuing the  license and is non-refundable. The application shall be filed 48 hours before the permit is to be issued  and shall state the following:  

 (1) Name, address, and phone number of applicant.  

 (2) The type of business for which the license is desired.  

 (3) Name, address and phone number of the business.  

 (4) The length of time for which the license is desired.  

 (5) A general description of the goods, wares, services or merchandise to be sold.   (6) Signature of the applicant. 

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 Every applicant must provide a valid driver’s license or a State issued identification card (if they  don’t possess a driver’s license) and a valid vehicle registration and proof of insurance for each vehicle  which will be used by the license holder (s). The Village of Lena Police Department will conduct a  criminal background check on every applicant.  

SECTION 6-4: LICENSE NOT TRANSFERABLE  

 (A) Any license issued under the provisions of this Chapter shall not authorize any person, other  than the person named in said license, to engage in business hereunder and such license shall not be  transferable. Every applicant licensed hereunder shall have the license received by the Village Clerk with  them while engaged in such business and shall produce said license at the request of any public official  or at the request of any individual, within the Village, to whom they are exhibiting goods, wares, services  or merchandise to be sold. The license may be renewed at its expiration provided it has not been  suspended or revoked and is subject to payment of the $25.00 per day/per license permit fee.  

SECTION 6-5: RESTRICTIONS ON PERMIT  

 No permit shall be issued to:  

 (A) A person who does not provide or refuses to provide all the information on the application.   (B) A person whose permit issued under this Ordinance has been revoked for cause.  

 (C) A person who has been convicted of a criminal felony, registered sex offender, or a  misdemeanor conviction, including but not limited to, theft, forgery, deceptive practices, or drug charges.  

 (D) A person who is under eighteen (18) years of age.  

 (E) A person who is not a citizen of the United States.  

SECTION 6-6: HOURS OF OPERATION  

 (A) A license holder is allowed to solicit only during the following hours:  

 (1) October 1 – April 30 9:00am-5:00pm   (2) May 1 – September 30 9:00am-7:00pm  

 Weekend and holiday hour are prohibited in the Village of Lena.  

SECTION 6-7: PAYMENT OF FEES  

 (A) Applications for a permit hereunder shall at the time of application pay a permit fee of $25.00  per day/per license which is no-refundable. The application shall be filed 48 hours in advance of issuing  a license to allow for the Village of Lena Police Department to conduct the criminal background check on  each applicant.  

SECTION 6-8: REVOCATION OR SUSPENSION  

 (A) Any license, issued under the provisions of this Chapter, shall be subject to suspension or  revocation by the Village upon satisfactory proof of a violation of the provisions of this Chapter by such  licensee. In the event the licensee commits a criminal act, other than a traffic violation, or is involved in  

any act that can be construed as harassment, intimidation, or threats of personal harm, the license may  be seized by any law enforcement officer and the licensee banned from further peddling, soliciting or 

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selling within the Village. Any licensee who loses their license by seizure may not receive a refund for  any time remaining on the license.  

SECTION 6-9: EXPIRATION OF PERMIT  

 (A) Each license issued or granted hereunder shall be for a period on one (1) day based on the  hours of operation as contained within Section 6-6 of this Chapter.  

SECTION 6-10: EXCEPTIONS  

 (A) This Ordinance shall not apply to sales made by commercial travelers or selling agents in the  usual course of business with bona fide dealers, nor bona fide sales of articles by sample, for delivery at  a future date, nor sales conducted pursuant to statute or by order of any court, nor to bona fide auction  sales conducted by an auctioneer duly licensed under the statutes of the State of Illinois, nor to persons  selling or peddling the products of the farm or garden cultivated by them. Examples of such exclusions  would include, but not limited to, Schwan’s, Lena Farmer’s Market, vendors at Lena Fall Festival/Ladies  Day Out/Business Expo, local or resident charities, area churches, school or non-for-profit organizations,  (i.e. sports association, music/athletic boosters, boy/girl scout troops, etc.)  

SECTION 6-11: VIOLATIONS  

(B) Any person found to be in violation of any provision of this Chapter, shall be fined $100.00 –  $500.00.  

Each day continuing violation exists may be deemed a separate offense.  

ARTICLE II  

GENERAL BUSINESS REGULATIONS  

SECTION 6-12: APPLICATIONS  

 Applications for all licenses and permits required be Ordinance shall be made in writing to the  Village Clerk in the absence of provision to the contrary. Each application shall state the name of the  applicant, the license or permit desired, the location to be used. If any, the time covered and the fee to be  paid; and each application shall contain such additional information as may be needed for the proper  guidance of the Village officials in the issuing of the license or permit applied for.  

SECTION 6-13: PERSON SUBJECT TO LICENSE  

 Whenever in this code a license is required for the maintenance, operation or conduct of any  business or establishment, or for doing business or engaging in any activity or occupation, any person or  corporation shall be subject to the requirement if by himself or through an agent, employee or partner, he  holds himself forth as being engaged in the business or occupation; or solicits patronage therefore,  actively or passively; or performs or attempts to perform any part of such business or occupation in the  Village.  

SECTION 6-14: FORMS  

 Forms for all licenses and permits, and applications, therefore, shall be prepared and kept on file  by the Village Clerk.  

SECTION 6-15: SIGNATURES 

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 Each licenses or permit issued shall bear the signature of the President and the Village Clerk in  the absence of any provision to the contrary.  

SECTION 6-16: LICENSE YEAR  

 (A) The license year for the Village shall begin on May 1 and end on April 30 of each year.  

 (B) The Village Clerk shall mail to all licensees of the Village a statement of the time of expiration  of the license held by the licensee, if an annual one, three weeks prior to the date of such expiration.  Provided, that a failure to send out such notice, or the failure of the licensee to receive it, shall not excuse  the licensee from a failure to obtain a new license, or a renewal thereof, nor shall it be a defense in an  action of operation without a license.  

SECTION 6-17: BUILDING AND PREMISES  

 No license shall be issued for the conduct of any business, and no permit shall be issued for  anything or act, if the premises and building to be used for the purpose do not fully comply with the  ordinance requirements of the Village. No such license or permit shall be issued for the conduct of any  business or performance of any act which would involve a violation of the zoning ordinance of the Village.  

SECTION 6-18: CHANGE OF LOCATION  

 The location of any licensed business or occupation, or of any permitted act, may be changed,  provided ten days notice thereof is given to the Village Clerk, in the absence of any provision to the  contrary; provided that the building and zoning requirements of the ordinances are complied with.  

SECTION 6-19: NUISANCES  

 No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in  fact.  

SECTION 6-20: INSPECTIONS  

 (A) Whenever inspections of the premises used for or in connection with the operation of a  licensed business or occupation are provided for or required by ordinance, or are reasonably necessary  to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of  the licensee, or the person in charge of the premises to be inspected, to admit thereto for the purpose of  making the inspection any officer or employee of the Village who is authorized or directed to make such  inspection at any reasonable time that admission is requested.  

 (B) Whenever an analysis of any commodity or material is reasonably necessary to secure  conformance with any ordinance provision or to detect violations thereof, it shall be the duty of the  licensee of the Village whose business is governed by such provision to give to any authorized officer or  employee of the Village requesting the same sufficient samples of such material or commodity for such  analysis upon request.  

 (C) In addition to any other penalty which may be provided, the President may revoke the license  of any licensed proprietor of any licensed business in the Village who refuses to permit any such officer or  employee who is authorized to make such inspection or take such samples to make the inspection, or  take an adequate sample of the said commodity, or who interferers with such officer or employee while in  the performance of his duty in making such inspection. Provided that no license shall be revoked for such  cause unless written demand is made upon the licensee or person in charge of the premises, in the name  of the Village, stating that such inspection or sample is desired at the time it is sought to make the  inspection or obtain the sample. 

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SECTION 6-21: REVOCATION  

 Any license or permit for a limited time may be revoked by the President at any time during the  life of such license or permit for any violation by the licensee or permittee of the ordinance provisions  relating to the license or permit, the subject matter of the license or permit, or to the premises occupied;  such revocation may be in addition to any fine imposed.  

SECTION 6-22: TERMINATION OF LICENSES  

 (A) All annual licenses shall be terminated on the last day of the fiscal year of the Village, where  no provision to the contrary has been made.  

 (B) The Village Clerk shall mail to all licensees of the Village a statement of the time of expiration  of the license held by the licensee, if an annual one, three weeks prior to the date of such expiration.  Provided, that a failure to send out such notice, or the failure of the licensee to receive it shall not excuse  the licensee from a failure to obtain a new license, or a renewal thereof, nor shall it be a defense in an  action for operation without a license.  

SECTION 6-23: INVESTIGATIONS  

 Upon the receipt of an application for a license or permit where ordinances of the Village  necessitate inspection or investigation before the issuance of such license or permit, the Village Clerk  shall refer such application to the appropriate Village official. The person or entity charged with the duty  of making the investigation or inspection shall make a report thereon, favorable or otherwise. All  investigations except where otherwise provided shall be made by a person or entity as designated by the  President and Board of Trustees from time to time.  

SECTION 6-24: FEES  

 In the absence of provision to the contrary, all fees and charges for licenses or permits shall be  paid in advance at the time application therefore is made to the Village Clerk. When an applicant has not  engaged in the business until after the expiration of part of the current license year, the license fee shall  be prorated by quarters and the fee paid for each quarter or fraction thereof during which the business  has been or will be conducted. Except as otherwise provided, all license fees shall become a part of the  corporate fund.  

SECTION 6-25: POSTING LICENSE  

 Except as provided herein, it shall be the duty of any person conducting a licensed business in  the Village to keep his license posted in a prominent place on the premises used for such business at all  times.  

ARTICLE III  

Outdoor Parklets and Sidewalk Cafes  

6-26 Definition  

6-27 License  

6-28 Application  

6-29 Sales of alcohol  

6-30 Insurance and security  

6-31 Fees and duration  

6-32 Transfer; personal privilege  

6-33 Termination; revocation; suspension 

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6-34 Consent to license agreements  

SECTION 6-26: DEFINITIONS  

 For the purpose of this Article III, the following terms shall have the stated meanings:  

“Outdoor Parklet” is defined as a space within a Village right-of-way, excluding sidewalk areas, that is to  be utilized to maintain movable outdoor furniture and will provide space for the consumption of food or  beverage. A parklet is a sidewalk extension that provides more space and amenities for people using the  street. Usually parklets are installed on parking lanes and use several parking spaces. Parklets typically  extend out from the sidewalk at the level of the sidewalk to the width of the adjacent parking space. The  parklet premises will be defined as a space no less than one space and no greater than three parking  spaces boarded by a removable barrier that can be of a nature determined by the owner.  

“Sidewalk Cafe” means any portion of an eating and drinking place located on a public right-of-way that  provides food or beverage service and is either enclosed or unenclosed, operated by any inn, restaurant,  eating place, lunch counter, fast food outlet, catering service, coffee shop, diner, sandwich shop, soda  fountain, soft drink parlor, ice cream parlor, tea room, delicatessen operation, hotel, motel or other facility  licensed by the Stephenson County Health Department where food and beverages are sold at retail in the  Village, or where food is prepared for immediate consumption and sold by a business which provides for  on-premises consumption of said food, whether or not such facility is situated in an established,  permanent business location and whether or not such facility is in connection with some other endeavor  or enterprise. The term “sidewalk cafe” does not include any drive-in restaurant, buffet, movie theater,  mobile food or beverage or ice cream vehicle, club, public or private school or boarding house.  

SECTION 6-27: LICENSE  

1. No person shall establish or utilize an Outdoor Parklet or Sidewalk Café without first having  obtained a license from the Village.  
2. Any person or business desiring to utilize both sidewalk and street right-of-way shall be required  to hold both sidewalk café and parklet licenses. The Village President or his/her designee may  designate the duration of the Outdoor Parklet or Sidewalk Café license and any dates or times on  which any such license is not valid.  

SECTION 6-28: APPLICATION  

1. Application for an outdoor parklet license shall be in writing to the Village President or his/her  designee. The application shall state the following:  
2. The size of the space or parking space(s) intended to be used or maintained along with a  sketch of the same to include all dimensions of the Outdoor Parklet or Sidewalk Café area,  fencing, lighting, ingress and egress. Fencing or removable barrier must delineate the  perimeter of the area.  
3. Description or photo of furniture to be used;  
4. Description of the food and drinks to be offered for sale;  
5. Number of patrons proposed to be accommodated;  
6. The purpose for which it is to be used and how the extended premises will be supervised  and maintained; 

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1. A written plan detailing the measures which the applicant expects to take to ensure  compliance with the conditions established hereby for an outdoor parklet license;  
2. A statement by applicant that said applicant will, in consideration of being issued a license  for the use of surface space, agree to hold harmless the Village and the officers and  employees of the Village for any loss or damage arising out of the use; and  
3. Such other information as the Village President shall require.  
4. The Village President shall be entitled to seek the opinion and advice of the Village Engineer,  Village Attorney, Streets Department, Police Chief, or any other Village official in his or her review  of an application.  
5. The Village President may, at his or her sole discretion, establish a combined application for both  outdoor parklets and sidewalk cafés for ease of preparation, but the combination of any such  applications shall in no way excuse the requirement of having separate licenses for any outdoor  parklet or sidewalk café, even if the boundaries of the areas are contiguous.  

SECTION 6-29: SALES OF ALCOHOL  

No alcohol may be served in an outdoor parklet or sidewalk café unless under an  appropriate license for the premises permitting outdoor sales of alcoholic liquor and  encompassing the area to be utilized for sales or service of alcoholic liquors in accordance with  Chapter 3 of this ordinance. Fees for the license to serve alcohol outside per Chapter 3 are in  addition to the parklet and/or sidewalk café fee. Alcoholic liquor may not be transported in to or  out of the Outdoor Parklet or Sidewalk Café, except by an employee of the Liquor License holder,  or a patron over the age of 21, taking alcohol directly to and from the Liquor License holder’s  Licensed Premises. 

SECTION 6-30: INSURANCE AND SECURITY  

1. Each applicant shall furnish proof of insurance evidencing commercial general liability insurance  with limits deemed “normal and customary” for this type of license. The insurance shall provide  for thirty days prior written notice to be given to the Village Office if coverage is substantially  changed, canceled or non-renewed.  
2. The Village shall be named as an additional insured on a primary, noncontributory basis and at  insurance limits as required by the Village’s insurance provider, for any liability arising directly or  indirectly from the operations of an outdoor parklet or sidewalk café; and the licensee shall  indemnify, defend and hold the Village harmless from and against any and all losses, costs,  damages or expenses to persons or property including property of the Village, arising out of or  claimed to have arisen out of such use. Furthermore, all users shall defend, at no cost to the  Village, any such claims or suits, provided that the Village may, at its sole option, join in the  defense of such claim or suit without relieving the user from any of its promises or obligations  under this section.  
3. If alcoholic beverages will be served at a parklet or sidewalk café, the applicant shall provide  proof of dram shop insurance as required by Chapter 3 of this code.  
4. Each permittee shall maintain the insurance coverage required under this section for the duration  of the permit. The proof of insurance shall be presented to the Village President prior to the  issuance of any license under this chapter. Failure of the permittee to maintain the required  insurance for the duration of the license shall result in the immediate revocation of said license. 

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5. A separate policy of insurance shall not be required under this section if the general policy of  insurance provided to satisfy the requirements of Chapter 3 Alcoholic Beverages, of this Code  specifically addresses the requirements of this section. If the permittee has both a sidewalk café  and parklet permit for the same licensed location, separate policies shall not be required for each  permit, but the certificate provided shall provide coverage for all areas for which any permits are  issued.  

SECTION 6-31: FEES AND DURATION  

 The fee for licenses issued hereunder are as follows:  

1. Outdoor Parklet: $50.00  
2. Sidewalk Café: $50.00  

 Any license issued pursuant to this chapter shall be valid from April 1 of a given year to November 1 of  the year in which it is issued. Applications may be submitted on or after February 1 of the calendar year  in which the license is to be granted. In the event two or more applications for the same right-of-way  space are received simultaneously, a lottery shall be conducted to determine which application will have  precedence over the other(s).  

SECTION 6-32: TRANSFER; PERSONAL PRIVILEGE  

 No license issued pursuant to this chapter may be transferred or assigned. The license shall be  construed as a privilege granted to the licensee and shall not create any vested rights to renewal or  continuation.  

SECTION 6-33: TERMINATION; REVOCATION; SUSPENSION  

1. In the event of cessation of business by the licensee at the licensed address for more than seven  consecutive days, the license granted hereunder shall automatically terminate. Unless revoked  or terminated, the license shall remain valid indefinitely if all required fees are properly and timely  paid to the Village.  
2. The Village President may alter, revoke, or suspend the license if:  
3. The licensee violates any provision of the license agreement or this Code;  
4. The Village President concludes that it would be necessary or convenient for the  Village to perform any work in the licensed area of the public property or right-of way; or to reclaim that area for pedestrian or other public use; or  
5. The use of the licensed area causes public disruption.  
6. If any licensed area is not vacated and such use not discontinued by the time specified, the  Village may remove from such area any property left thereon at the risk and expense of the  licensee.  

SECTION 6-34: CONSENT TO LICENSE AGREEMENTS  

The Village President or his/her designee is empowered to enter into license agreements giving  the consent of the Village to use Village right-of-way for outdoor parklets. The minimum requirements for  an agreement are as follows, and each provision hereof shall be deemed part of an agreement between  the Village and the licensee as of the time of date the license is granted. By making application for any 

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license under this chapter, the licensee shall be deemed to have entered into an agreement with the  Village containing the following material terms:  

1. The licensee shall properly supervise and maintain the property in a clean, orderly, and safe  condition and in such a manner as to protect the public health and safety. All tables, chairs,  umbrellas, and any other objects provided with an outdoor parklet shall be maintained with a  clean and attractive appearance and shall be in good repair at all times.  
2. The licensee shall use positive action to assure that its use of any right-of-way in no way  interferes with pedestrian or vehicular traffic, any adjacent parking spaces being utilized as such,  or limits the free, unobstructed passage of pedestrians.  
3. The licensee shall prevent the accumulation, blowing and scattering of trash, garbage, or any  other such debris caused or permitted by the licensee’s use of the property or by any person’s  use of the property during the time periods of said license. The licensee shall retrieve and  properly dispose of any debris scattered onto adjacent property caused by any use of the  property under the license, and, additionally, shall maintain its own trash containers upon the  property for disposal of any debris.  
4. The licensee shall assure compliance with pedestrian minimum clear path guidelines of the  Americans with Disabilities Act of 1990, as amended.  
5. The license shall not restrict ingress and egress to the property during the time periods of such  license except as needed as to comply with current liquor laws.  
6. The licensee shall be strictly responsible that no customer, employee (except in the ordinary  course of doing business), or other person be permitted to remove alcoholic liquor from the area  designated in the relevant outdoor parklet or sidewalk café license(s). Compliance with all  Village liquor codes, rules and regulations and any and all conditions as determined by the  Village President shall be observed.  
7. The hours of outdoor liquor consumption within the Parklet or Sidewalk Cafe shall be limited so  as to end at or prior to 10:00 p.m.  
8. Alcohol shall not be sold or dispensed within the any outdoor parklet area or sidewalk café,  except as specifically authorized by a valid permit authorizing outdoor sales of alcoholic liquors  pursuant to Chapter 3 of the Village of Lena Municipal code.  
9. The licensee shall not erect, attach, or affix any permanent fixture upon any public right-of-way.  
10. The licensee shall remove all outdoor furniture from the property during any time period when  the license for the property is not in effect. No furniture or any parts of an outdoor parklet or  sidewalk café shall be attached, chained, or in any manner affixed to any tree, post, signs,  sidewalk, streetlight, fire hydrant, or other public fixture within or near the licensed area.  
11. The licensee shall not impede any maintenance activity conducted by the Village or impair  ingress or egress to the premises of any other person.  
12. The licensee shall not be permitted to use or operate any public address system, or similar  device. 

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13. The licensee shall be allowed to provide amplified or piped-in music at volumes that will not  disrupt the surrounding properties or businesses within the licensed property during the hours of  operation, but no earlier than 11:00 a.m. and no later than 1:00 a.m.  
14. No advertising shall be permitted on or in any outdoor parklet or sidewalk café except a  sandwich board portable sign. Such sign shall not be located in the traveled roadway or  unreasonably block pedestrian traffic and shall be moved indoors daily at the end of business  hours. Such sign shall not exceed eight square feet in area and four feet in height. If applicable,  a scale drawing of the sign shall be included as part of the license agreement.  
15. Should the licensee breach any section of the agreement, the Village may perform such cleaning  or removal as it considers in its best interests, and the licensee shall reimburse the Village for  the cost thereof.  

ARTICLE IV  

MOBILE FOOD VENDORS  

SECTION 6-35: DEFINITIONS  

“Mobile food truck” means a self-contained food service operation, located in a readily  movable licensed motorized wheeled or towed vehicle, used to store, prepare, display, or serve  food or non-alcoholic beverages intended for individual portion service.  

SECTION 6-36: APPLICATION/PERMIT FEE  

1. No person or business shall operate a mobile food truck without first having obtained a  license from the Village. A separate application must be filed for each motor or vehicle  trailer intended to be operated as a mobile food truck. Applications shall be made to  Village Hall on the Food Vendor Application. A permit fee of $25.00 per day or $100.00  per 5 day will be paid in advance of issuing the license and is non-refundable. The  application shall be filed 5 days before the permit is issued and should include, or be  accompanied by, at a minimum:  
2. The name of applicant. If applicant is a corporation, limited liability  

company, or partnership, then the names and addresses of all parties  

holding more than a five (5%) percent ownership or control interest shall  

also be included;  

1. A copy of the driver’s license of applicant;  
2. The name, telephone number, and address of the party responsible for the  day-to- day management of the business;  
3. A copy of the health permit(s) under which applicant will be operating;  e. Copy of current, valid, state registration of the vehicle or trailer  
4. Proof of liability insurance with a minimum limit of one million dollars  ($1,000,000.00) aggregate and issued by a company licensed to do  

business in the state of Illinois. Such insurance certificate shall contain an 

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agreement signed by the insurance company that, prior to modification,  

cancellation or termination of the subject policy, written notice shall be  

sent to the Village by said insurance company. If the vendor will be using  

public property, the Village shall be listed as an additional insured.  

1. Tax identification number. Each applicant shall produce an Illinois  

Department of Revenue identification number for the retailers’ occupation  

tax.  

1. The addresses of the businesses or facilities at which any fat, oil or  

grease generated during the operation of the food truck or food trailer are  

or will be disposed of, including the contact information for the  

individual or business responsible for the operation of each such business  

or facility. Any change in the businesses or facilities used for the  

disposal of such fat, oil and grease shall be reported to the Village in  

writing by the food truck vendor within 3 business days of the first use  

of the new business or facility.  

SECTION 6-37: PROVISIONS FOR OPERATION OF A MOBILE FOOD TRUCK    

No person shall operate a mobile food truck withing the Village limits except in  accordance with the following provisions at all times. Failure to do so subjects the owner and  operator to fines, citations or suspension or revocation of and issued mobile food truck vendor  license.  

1. Mobile food trucks may operate daily between 7:00 a.m. and 10:00pm. 
2. Mobile food trucks may operate at one (1) location for a maximum of twelve  (12) consecutive hours and may not return to that same location until the  following day. Exceptions shall be made for mobile food truck vendors who  own, or lease and operate, the primary business at the site where the mobile  food truck vendor is located. Exceptions regarding the operation of a mobile  food truck may also be granted by the Village Board for special events. 
3. Parking of any other vehicles, including vehicles used to tow mobile food  trucks, within the designated vending areas during the operation of a mobile  food truck is prohibited. 
4. No tents, tables, chairs, or displays shall be placed in the designated vending  areas. Notwithstanding the foregoing, one portable signboard, no greater than  six (6) square feet in total area and located within ten (10) feet of the mobile  food truck, may be placed on the sidewalk near the mobile food truck, and  

small tables may be used when located in a parking lot.  

5. Noise from mobile food trucks, including, but not limited to, generators and  music, shall not exceed seventy-five (75) decibels as measured ten (10) feet 

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from any part of the mobile food truck.  

6. Mobile food truck vendors shall collect all trash and debris resulting from the  operation of the mobile food truck, located within one hundred (100) feet of  the designated vending area, and shall be responsible for the proper disposal  of all grease, litter and waste generated by their operation. 
7. Mobile food truck vendors operating on private property shall provide  certification or other acceptable proof, upon request, that the property owner  has granted permission for such operation. 
8. Mobile food truck vendors operating in any designated vending area which is  in a public right of way or other public location shall observe the following  rules: 
9. Double parking is not allowed  
10. The mobile food truck shall be parked within (12) inches of the curb, if  

possible, but in no event more than twenty-four (24) inches away from  

any section of curb.  

1. No portion of the mobile food truck, extension thereof, or adjacent service  area or seating, shall block, obstruct, or interfere with vehicular, bicycle,  

or pedestrian traffic.  

1. No portion of the mobile food truck shall be within fifty (50) feet of any  intersection.  
2. Mobile food trucks shall be attended at all times during all posted or advertised  operating hours.  
3. Mobile food truck vendors conducting retail sales shall not utilize extension cords  in such a manner as to cross a public right-of-way or sidewalk. Exceptions to this  provision may be granted for special events.  
4. Mobile food truck vendors shall not conduct any major repairs of disassembly of  a vehicle or trailer directly at the site of operation.  
5. Mobile food trucks shall not operate any closer than one hundred (100) feet from  any restaurant without first receiving permission from that restaurant.  
6. All mobile food truck vendors shall abide by all federal, state, and local laws,  ordinances, and regulations applicable to mobile food trucks.  
7. All mobile food trucks operated within the Village must display, at the  

vehicle’s location, a copy of the issued license. 

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SECTION 6-38: VEHICLE APPREARANCE AND MAINTENANCE  

Vehicles utilized for mobile food truck vending shall be kept in good mechanical  and structural condition. Vehicles shall have a clean exterior and interior and shall be  equipped with signs to alert traffic to proceed with caution past the truck while it is  serving customers. Each vehicle shall have the company name affixed to it in a  professional, workmanlike manner and in letters that are a minimum of six (6) inches  high. The company name shall be affixed to each side and rear of the vehicle.  

SECTION 6-39: REGULATION  

1. All mobile food truck vendors shall operate in compliance with State of  Illinois and Stephenson County Health Department rules. No food, food  products, or beverages for public consumption shall be kept, offered for sale,  transported, or handled except in accordance with the rules and regulations of  the State of Illinois and the Stephenson County Health Department. If the  Stephenson County Health Department suspends or revokes the mobile food  truck vendor’s food service establishment, then the food truck vendor license  hereunder shall be suspended until the county health department reinstates  the food service establishment permit. 
2. Health and safety standards: 
3. No fat, oil or grease or other waste product generated in the operation of  the mobile food truck may be disposed of on public property or  deposited into either the sanitary sewer system or storm water drainage  system of the Village. 
4. Food truck vendors are not permitted to utilize Village water, electric,  or other utility to conduct business unless authorized, in writing, by  the Village Superintendent of Public Works. 
5. Food truck vendor must provide for the sanitary collection of all  refuse, litter, and garbage generated by patrons using the service and  remove all such waste materials from the location. A motorized food  truck shall not sit idle while serving food unless its operation is  essential to producing the product sold. 
6. Food truck vendors shall only permit sales from the curb side of the  vehicle when parked on a city street. No service area for the operation  of a food truck or trailer shall block, obstruct, or interfere with  vehicular, bicycle, or pedestrian traffic flow. 

SECTION 6-40: DENIAL OF LICENSE 

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An application for license will be denied if the following exist:  

1. Any of the material statements made in the application are false. 
2. Within five (5) years prior to the date of application, the applicant has been  convicted of or received a disposition of guilt through supervision,  probation, or conviction, for any offense involving a forcible felony or an  

offense requiring the applicant to register as a sexual offender under the laws of  the state of Illinois, of any other state, or of the United States.  

3. The applicant or his employer has had a previously issued license under this  article, or a similar article, revoked by the Village or by any other municipality  within one (1) year of the date of the application.  
4. The applicant has not secured and maintained a valid health permit from the county health  department; or,  
5. The applicant, or any controlling member of the corporate entity (corporation or LLC) has  outstanding debt with the Village.  

 If any of these conditions exist, the Village shall deny the license application and provide  written notification of such denial to the applicant. An applicant whose application has been  denied may, within ten (10) business days thereafter, request a hearing before the Village Board  appealing the denial.  

SECTION 6-41: SUSPENSION OF LICENSE; REVOCATION AND VIOLATION OF  VENSDOR’S LICENSE  

1. A mobile food truck license may be suspended for violation of this chapter.  Action to suspend the license may be taken by the Chief of Police or his/her  

designee. If a license is suspended, the license holder shall be served written  

notice, which notice shall include the reasons for suspension and the action to be  taken necessary to have the license reinstated.  

2. The conviction of the applicant for a forcible felony, sexual offenses involving  minors, theft, burglary, fraud, bribery, or moral turpitude shall result in the  

revocation of any and all licenses issued hereunder.  

3. If the applicant or any driver of a subject vehicle shall become a registered sex  offender under the Illinois sex offender registration act, the Village shall refuse  to issue a license hereunder or shall revoke any license already issued hereunder.  
4. A violation of any of the terms of this chapter or of the remainder of this Code  may result in the revocation of a food truck vendor’s license issued hereunder.  

SECTION 6-42: LICENSE NONTRANSFERABLE 

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 A food truck vendor license issued hereunder shall not be transferable to other mobile  food truck trucks or other owner/operators.  

SECTION 6-43: OPERATION IN CERTAIN PLACES PROHIBITED  

Absent express permission of the Village, no licensee under this Chapter shall  sell, or offer any commodity for sale where they have been notified by a member of  the Police Department, in their official duties that an unusual traffic hazard or danger  to prospective customers exists, or within two hundred (200) feet of the scene of any  accident, destructive fire or any place where members of the Fire or Police  Department are responding to an emergency  

SECTION 6-44: VIOLATIONS  

Any person found to be in violation of any provision of this Article IV will be fined  $100-$500.

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