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HomeMy WebLinkAboutORDINANCE - 2663 - 9/22/1998 - FOOD VENDING VEHICLE LICENSEORDINANCE NO. 2663 AN ORDINANCE AMENDING ARTICLE I VEHICLES TRANSPORTING FOOD OF SECTION 3-5I OF CHAPTER 5 TITLE 3 OF THE VILLAGE CODE BY PROVIDING FOR A SUSPENSION OR REVOCATION OF A FOOD VENDING VEHICLE LICENSE FOR REPEATED VIOLATIONS WHEREAS, the Health Department of the Village of Elk Grove Village is responsible for enforcing applicable health codes of the Village with respect to food vending vehicles; and WHEREAS, various drivers of licensed companies in the Village are committing repeated violations of applicable Village regulations and codes; and WHEREAS, it is deemed necessary and appropriate to enact legislation whereby the owners of the licensed company shall be responsible for the conduct of their driver/employees and thus subject their license to suspension or revocation for repeated violations of their drivers, and to add such other regulations as is deemed necessary; NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section l: That Section 3 -SI -1-2 License Required of Article I Vehicles Transporting Food of Title 3 Chapter 5 of the Village Code be amended to read as follows: 3-5I-1-2 LICENSE REQUIRED: It shall be unlawful for any person to own or maintain a company which operates a food vending vehicle or vehicles, either by himself or through an agent, employee or partner, without first having obtained a business license as is herein provided. Section 2: That Section 3-5I of Chapter 5, Title 3 of the Village Code pertaining to food vending vehicles be amended by adding thereto the following paragraph: 3-5I-1-6 DRIVER VIOLATIONS - SUSPENSION - REVOCATION In addition to the other requirements and restrictions set forth herein, all drivers of food vending vehicles shall be deemed agents of the licensed company. Should any driver/ employee commit a violation or violations of applicable Village Code on three (3) or more separate occasions in any twelve (12) month period, the Village shall have the right to suspend or revoke the license of the company. In such case, a hearing shall be held before a designated official of the Health Department and the Village Attorney. Written notice of the hearing shall be sent to the company no sooner than five (5) days before the date the hearing is scheduled. At the hearing, the company and the driver can provide an explanation or reason for the repeated violations. Depending on the nature of the violation, the frequency of their occurrence, as well as the explanation, if any, offered for the cause of the violations, the Village, can suspend or revoke the license or enter a fine of up to $500.00 (five -hundred dollars) against the company. In addition, the Village can suspend or revoke the permit of the driver to continue driving a food vending vehicle in the Village. An appeal of any decision of the hearing officers may be taken to the Village Manager provided a request for such appeal is made in writing within ten (10) days from the date the initial decision is rendered. Section 3: That Section 3-5I of Chapter 5, Title 3 of the Village Code pertaining to food vending vehicles be further amended by adding thereto the following paragraph: 3-51-1-7 FOOD VENDING VEHICLE OPERATORS PERMIT It shall be unlawful for any person to operate a food vending vehicle within the Village without first having obtained a operator's permit therefore. An application for a operator's permit shall be made to the Health Department and shall contain such information as the Health Department shall request. The permit shall be attached to the vehicle which the driver is operating. The fee for such permit shall be $25.00 per year. The operator's permit may be suspended or revoked for cause as set forth and in the same manner as set forth in Section 3 -5I -1- M Section 4: That Article C of Chapter 5 of Title 3 of the Village Code is hereby repealed. Section 5: That Section 3-5I- 1-4 of the Village Code is hereby amended to read as follows: D - Food Vending Vehicles shall be subject to all applicable provisions of the codes and regulations referenced and adopted in Article A of this Chapter 5. Section 6: That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. Section 7: That this Ordinance shall be in full force and effect from and after is passage, approval and publication according to law. VOTE: AYES 6 NAYS 0 ABSENT 0 PASSED this 22nd day of September , 1998. APPROVED this 22nd day of September , 1998. APPROVED: Craig B. Johnson Village President ATTEST: Patricia S. Smith Village Clerk PUBLISHED this 2Sth day of September, 1998, in pamphlet form. ordfvv.doc