Mobile Food Vendor Freedom Municipal Ordinance

Municipal legislation to remove unnecessary roadblocks for food truck entrepreneurs

Starting a food truck has helped many entrepreneurs realize the American dream. These mobile kitchens create jobs and provide an economic boost to the communities they serve.

Unfortunately, many counties and cities make it near to impossible for food trucks to operate. Some even ban food trucks altogether—often at the bequest of brick-and-mortar businesses that capture the regulatory process to prevent competition.

IJ’s Model Mobile Food Vendor Freedom Ordinance helps local governments remove unnecessary obstacles for food truck entrepreneurs. The model creates a simple process for applying for a food truck license. It also provides clear standards regarding where and how food trucks can operate.

Additionally, the model streamlines inspections. The model allows for regular inspections but ensures the inspection regime is rationally tied protecting consumers. It further protects public health and safety by making sure the county or city has the ability to investigate complaints of foodborne illness.

In counties and cities across America, food truck businesses have created economic opportunity and countless jobs. By enacting IJ’s Model Mobile Food Vendor Freedom Ordinance, local governments can encourage and support these small businesses while providing consumers with new and tasty offerings.

			State of Illinois
2023 and 2024
HB2099

Introduced 2/7/2023, by Rep. Dave Vella

SYNOPSIS AS INTRODUCED:

New Act

Creates the Food Truck Freedom Act. Provides that a unit of local government may not require a separate license, permit, or fee beyond an initial or reciprocal business license for a food truck business. Contains provisions regarding reciprocal business licenses issued to food truck businesses by different units of local government or local health departments. Contains prohibitions against units of local governments or local health departments from imposing additional license qualification requirements on a food truck business before issuing licenses. Provides that, for an initial business license, a unit of local government or local health department may only charge a licensing fee to a food truck business in an amount that reimburses the unit of local government for the actual cost of processing the business license. Requires food truck businesses to obtain, for each food truck that the food truck business operates, an annual health department food truck permit from the local health department with jurisdiction over the area in which the majority of the food truck's operations takes place. Includes provisions relating to food truck events and food trucks at temporary mass gatherings. Contains other provisions. Effective January 1, 2024.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

			103RD GENERAL ASSEMBLY

LRB103 25457 AWJ 51806 b

A BILL FOR

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LRB103 25457 AWJ 51806 b

1 AN ACT concerning local government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the Food

5 Truck Freedom Act.

6 Section 5. Definitions.

7 "Event permit" means a permit that a unit of local

8 government issues to the organizer of a public food truck

9 event located on public property.

10 "Food cart" means a cart that:

11 (1) is not motorized; and

12 (2) a vendor, standing outside the frame of the cart,

13 uses to prepare, sell, or serve food or beverages for

14 immediate human consumption.

15 "Food service establishment" means an operation that:

16 (1) stores, prepares, packages, serves, or vends food

17 directly to the consumer or otherwise provides food for

18 human consumption;

19 (2) is a satellite or catered feeding location; and

20 (3) relinquishes possession of food to a consumer

21 directly or indirectly through a delivery service such as

22 home delivery of a grocery order or takeout order or a

23 delivery service that is provided by common carriers.

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1 "Food truck" means a fully encased food service

2 establishment:

3 (1) on a motor vehicle or on a trailer that a motor

4 vehicle pulls to transport; and

5 (2) from which a food truck vendor, standing within

6 the frame of the vehicle, prepares, cooks, sells, or

7 serves food or beverages for immediate human consumption.

8 "Food truck" does not include a food cart or an ice cream

9 truck.

10 "Food truck business" means a business that operates one

11 or more food trucks.

12 "Food truck event" means an event where an individual has

13 ordered or commissioned the operation of a food truck at a

14 private or public gathering.

15 "Food truck operator" means a person who owns, manages, or

16 controls, or who has the duty to manage or control, a food

17 truck business.

18 "Food truck vendor" means a person who sells, cooks, or

19 serves food or beverages from a food truck.

20 "Health department food truck permit" means a document

21 that a local health department issues to authorize a person to

22 operate a food truck within the jurisdiction of the local

23 health department.

24 "Ice cream truck" means a fully encased food service

25 establishment:

26 (1) on a motor vehicle or on a trailer that a motor

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1 vehicle pulls to transport;

2 (2) from which a vendor, from within the frame of the

3 vehicle, serves ice cream;

4 (3) that attracts patrons by traveling through a

5 residential area and signaling the truck's presence in the

6 area, including by playing music; and

7 (4) that may stop to serve ice cream at the signal of a

8 patron.

9 "Restaurant" means a place of business where a variety of

10 food is prepared and cooked and complete meals are served to

11 the general public for consumption on the premises primarily

12 in indoor dining accommodations. "Restaurant" includes a food

13 service establishment.

14 "Temporary mass gathering" means:

15 (1) an actual or reasonably anticipated assembly of

16 500 or more people that continues, or reasonably can be

17 expected to continue, for 2 or more hours per day; or

18 (2) an event that requires a more extensive review to

19 protect public health and safety because the event's

20 nature or conditions have the potential of generating

21 environmental or health risks.

22 "Temporary mass gathering" does not include an assembly of

23 people at a location with permanent facilities designed for

24 that specific assembly.

25 Section 10. Licensing; reciprocity; fees.

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1 (a) A unit of local government may not require:

2 (1) a separate license, permit, or fee, beyond the

3 initial or reciprocal business license described in

4 subsection (b) or the fee described in subsection (d) for

5 a food truck business, regardless of whether a food truck

6 operates in more than one location or on more than one day

7 within the unit of local government in the same calendar

8 year;

9 (2) a fee for each employee a food truck business

10 employs; or

11 (3) a food truck business to do any of the following as

12 a business license qualification regarding the business'

13 food truck operators or food truck vendors:

14 (A) submit to or offer proof of a criminal

15 background check; or

16 (B) demonstrate how the operation of the food

17 truck business will comply with a land use or zoning

18 ordinance at the time the business applies for the

19 business license.

20 (b) A unit of local government shall grant a business

21 license to operate a food truck within the unit of local

22 government to a food truck business that has obtained a

23 business license to operate a food truck in another unit of

24 local government within the State if the food truck business

25 presents to the unit of local government:

26 (1) a current business license from the other unit of

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1 local government within the State; and

2 (2) for each food truck that the food truck business

3 operates:

4 (A) a current health department food truck permit

5 from a local health department within the State; and

6 (B) a current approval by a unit of local

7 government within the State showing that the food

8 truck passed a fire safety inspection that the other

9 unit of local government conducted in accordance with

10 relevant State and local requirements.

11 (c) If a food truck business presents the documents

12 described in paragraphs (1) and (2) of subsection (b), the

13 unit of local government may not:

14 (1) impose additional license qualification

15 requirements on the food truck business before issuing a

16 license to operate within the unit of local government,

17 except for charging a fee in accordance with subsection

18 (d); or

19 (2) issue a license that expires on a date earlier or

20 later than the day on which the license described in

21 paragraph (1) of subsection (b) expires.

22 (d) For an initial business license for a food truck

23 business, a unit of local government may only charge a

24 licensing fee to the food truck business in an amount that

25 reimburses the unit of local government for the actual cost of

26 processing the business license.

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1 For a reciprocal business license that a unit of local

2 government issues in accordance with subsection (b) or (c),

3 the unit of local government shall reduce the amount of the

4 business licensing fee to an amount that accounts for the

5 actual administrative burden on the unit of local government

6 for processing the reciprocal license.

7 (e) Nothing in this Section prevents a unit of local

8 government from:

9 (1) requiring a food truck business to comply with

10 local zoning and land use regulations, to the extent that

11 the regulations do not conflict with this Act;

12 (2) adopting local ordinances or rules consistent with

13 this Act that address how and where a food truck may

14 operate within the unit of local government;

15 (3) requiring a food truck business to obtain an event

16 permit, in accordance with Section 20; or

17 (4) revoking a license that the unit of local

18 government has issued if the operation of the related food

19 truck within the unit of local government violates the

20 terms of the license.

21 Section 15. Safety and health inspections; permits.

22 (a) A food truck business shall obtain, for each food

23 truck that the food truck business operates, an annual health

24 department food truck permit from the local health department

25 with jurisdiction over the area in which the majority of the

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1 food truck's operations takes place.

2 (b) A local health department shall grant a health

3 department food truck permit to operate a food truck within

4 the jurisdiction of the local health department to a food

5 truck business that has obtained the health department food

6 truck permit described in subsection (a) from another local

7 health department within the State if the food truck business

8 presents to the local health department the current health

9 department food truck permit from the other local health

10 department.

11 If a food truck business presents the health department

12 food truck permit described in subsection (a) from another

13 local health department within the State, the local health

14 department may not:

15 (1) impose additional health department permit

16 qualification requirements on the food truck business

17 before issuing a health department food truck permit to

18 operate within the jurisdiction of the local health

19 department, except for charging a fee in accordance with

20 subsection (c); or

21 (2) issue a health department food truck permit that

22 expires on a date earlier or later than the day on which

23 the health department food truck permit from another local

24 health department expires.

25 (c) A local health department may only charge a health

26 department food truck permit fee to a food truck business in an

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1 amount that reimburses the local health department for the

2 cost of regulating the food truck.

3 For a health department food truck permit that a local

4 health department issues in accordance with subsection (b),

5 the local health department shall reduce the amount of the

6 health department food truck permit fee to an amount that

7 accounts for the lower administrative burden on the local

8 health department.

9 (d) A unit of local government inspecting a food truck for

10 fire safety shall conduct the inspection based on the all

11 relevant State and local requirements. However, a unit of

12 local government may not require that a food truck pass a fire

13 safety inspection in a given calendar year if the food truck

14 business presents to the unit of local government an approval

15 described in subsection (e) that is issued during the same

16 calendar year.

17 (e) A unit of local government shall consider valid within

18 the unit of local government's jurisdiction an approval from

19 another unit of local government within the State that shows

20 that the food truck passed a fire safety inspection that the

21 other unit of local government conducted.

22 (f) Nothing in this Section prevents a local health

23 department from:

24 (1) requiring a food truck business to obtain an event

25 permit;

26 (2) revoking a health department food truck permit

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1 that the local health department has issued if the

2 operation of the related food truck within the

3 jurisdiction of the local health department violates the

4 terms of the permit; or

5 (3) revoking the unit of local government's approval

6 under subsection (e) if the operation of the related food

7 truck within the unit of local government fails to meet

8 the requirements found during an investigation under

9 subsection (d) in a calendar year in which subsection (e)

10 does not apply.

11 Section 20. Food truck events; temporary mass gatherings.

12 (a) If a unit of local government requires an event permit

13 for a food truck event, the organizer of the food truck event

14 may obtain the event permit on behalf of the food trucks that

15 service the event.

16 (b) Nothing in this Act prohibits a local health

17 department from requiring a permit for a temporary mass

18 gathering.

19 A food truck operating at a temporary mass gathering that

20 occurs over multiple days may operate in a stationary manner

21 for the duration of the temporary mass gathering, not to

22 exceed 5 consecutive days, without moving or changing its

23 location, if the food truck maintains sanitary conditions and

24 operates in compliance with the permitting requirements and

25 regulations imposed on other food vendors at the temporary

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1 mass gathering.

2 A local health department may not impose a requirement on

3 a food truck under this subsection that the local health

4 department does not impose on other food vendors operating at

5 the temporary mass gathering.

6 Section 25. Food truck operation. A unit of local

7 government may not:

8 (1) entirely or constructively prohibit food trucks in

9 a zone in which a food service establishment is a

10 permitted or conditional use;

11 (2) prohibit the operation of a food truck within a

12 given distance of a restaurant;

13 (3) restrict the total number of days a food truck

14 business may operate a food truck within the unit of local

15 government during a calendar year; or

16 (4) require a food truck business to:

17 (A) provide to the unit of local government:

18 (i) a site plan for each location in which a

19 food truck operates in the public right of way, if

20 the unit of local government permits food truck

21 operation in the public right of way; or

22 (ii) the date, time, or duration that a food

23 truck will operate within the unit of local

24 government; or

25 (B) obtain and pay for a land use permit for each

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1 location and time during which a food truck operates.

2 Section 90. Home rule. A home rule unit may not regulate

3 food trucks or food truck businesses in a manner inconsistent

4 with this Act. This Act is a limitation under subsection (i) of

5 Section 6 of Article VII of the Illinois Constitution on the

6 concurrent exercise by home rule units of powers and functions

7 exercised by the State.

8 Section 99. Effective date. This Act takes effect January

9 1, 2024.

New Act

LRB103 25457 AWJ 51806 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

A BILL FOR

HB2099

LRB103 25457 AWJ 51806 b

1 AN ACT concerning local government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the Food

5 Truck Freedom Act.

6 Section 5. Definitions.

7 "Event permit" means a permit that a unit of local

8 government issues to the organizer of a public food truck

9 event located on public property.

10 "Food cart" means a cart that:

11 (1) is not motorized; and

12 (2) a vendor, standing outside the frame of the cart,

13 uses to prepare, sell, or serve food or beverages for

14 immediate human consumption.

15 "Food service establishment" means an operation that:

16 (1) stores, prepares, packages, serves, or vends food

17 directly to the consumer or otherwise provides food for

18 human consumption;

19 (2) is a satellite or catered feeding location; and

20 (3) relinquishes possession of food to a consumer

21 directly or indirectly through a delivery service such as

22 home delivery of a grocery order or takeout order or a

23 delivery service that is provided by common carriers.