It shall be unlawful to engage in the business of the manufacture for wholesale or retail distribution of candy, ice cream, or other confections and foods in the City without having first obtained a license therefor as is herein provided. Applications for such licenses shall be made to the City Clerk and shall conform to the general provisions relating to applications for licenses.[1]
[1]
Editor's Note: See Art. 1 of this chapter.
The annual fee shall be $35. The licensee shall pay an additional fee based upon the square footage of the business premises as prescribed by § 11.16.
(A) 
The custom among merchants dealing in ice cream, ices, soda waters, other soft drinks, hot dogs, hamburgers, hot tamales, and similar unpackaged foods, of delivering their merchandise at the curb, in the street, or upon the sidewalks or roadways in paper cups, plates, or other containers other than in a sealed packaged carton has become a nuisance and a menace to pedestrians traveling upon the roadway by reason of the depositing of such cups, plates or other containers on the sidewalks and streets, and the delivery of such commodities in containers upon the public streets, except in a sealed packaged container, anywhere on the streets is hereby declared to be a nuisance and menace.
(B) 
No person dealing at retail in ice creams, soda waters and other soft drinks, hot dogs, hamburgers, hot tamales, or merchandise of like character shall deliver the same upon the streets, sidewalks, alleys, or other public ways of this City.
(C) 
No person shall litter, throw or drop such cup, plate or container upon a sidewalk, crosswalk, roadway, or any part of any public street, and such act is hereby declared to be a nuisance and unlawful.
(D) 
The sale or disposition by any person of food, beverage, dairy products, ice cream or any of its kindred products in paper, cardboard or other containers, other than in a sealed packaged container, known by such person to be intended to be consumed by the buyer on the sidewalks, alleys, or at or near the place of business where such food or beverage is sold or dispensed, is hereby declared to be a nuisance and a danger to the health and sanitation of the community.
(E) 
No food dealer shall deliver any such goods to a person known to be a runner or person employed to carry such goods from the place of business to persons on the sidewalk, curb or street, and no such runner shall deliver any such merchandise on the streets, sidewalks or alleys of the City.
(F) 
Any dealer in ice cream, ices, soda water or other soft drinks, hot dogs, hamburgers, hot tamales and similar packaged food, or merchandise of like character who shall violate any of the provisions of this section shall be guilty of a misdemeanor and shall be subject to having his license as such dealer revoked by the Mayor, and any person littering, throwing, or dropping such cup, plate or container on the street, and any person acting as a runner as herein prohibited, shall be guilty of a misdemeanor.
(G) 
A person receiving an ice cream or food vendor's license under this article to peddle upon the roadways or streets shall comply with the following conditions:
[Amended 10-8-2002 by Ord. No. 10-2002]
(1) 
The person shall comply with all health and other regulations.
(2) 
Any manually operated chimes or amplification device used in conjunction with the vendor's operation shall not be in operation while the vendor's vehicle is stopped. No sound, amplified or otherwise, emanating from the vendor's vehicle shall become unduly loud or intolerable to a reasonable person. No sound shall be greater than 67 decibels at the source of the sound based upon a calibrated sound level meter in accordance with the standards prescribed by the American Standards Association.
(3) 
The food being vended shall be in a sealed packaged container. All sales and delivery of wares shall be made and consummated by the vendor on the street and outside the vehicle. Sales from any part of or out of the vehicle, except as herein provided, are prohibited. The practice of selling minor quantities of food from bulk is prohibited.
(4) 
The applicant, or any person employed by it in the sale of such food upon the streets, shall comply with the requirements of Article 30, Peddlers, of this chapter, for peddlers before engaging in the activity of vending upon the streets.
(5) 
Vending is prohibited between 8:30 p.m. and the hour of 11:00 a.m. the following morning, prevailing time.
(6) 
The license fee of such person or vehicle shall be designated as a street vendor and the annual fee shall be $35. Each vehicle shall be separately licensed.
In case any of the provisions herein conflict with the provisions set forth in Article 14, Food Dealers, the Illinois Department of Public Health rules and regulations shall prevail.