Ordinance & Legal Review Committee

CITY OF BELLEVILLE, ILLINOIS ORDINANCE AND LEGAL REVIEW COMMITTEE CITY HALL COUNCIL CHAMBERS JULY 11, 2017- 6: 00 PM Alderman Wigginton called the meeting to order. Present on Roll Call: Alderman Wigginton, Alderwoman Pusa, Alderman Hazel, Alderman Randle, Alderwoma t Stiehl and Mayor Eckert. Staff Present: City Clerk, Jennifer Meyer and City Attorney Hoemer. PUBLIC PARTICIPATION None. MINUTES Motion made by Alderwoman Pusa and seconded by Alderman Hazel to approve the lune 28, 2017 Ordinance& Legal Review minutes. All members present voted aye. UNFINISHED BUSINESS None. NUSCELLA14EOUS& NEW BUSINESS CONSIDERATION OF AN ORDINANCE PERMITTING MOBILE COMMERCE VENDORS City Attorney Hoemer drafted a proposed ordinance which he disseminated which revises to include topics of itinerant merchants, mobile commerce vendors and peddlers and solicitors. The distinction between the four are the following: Itinerant Merchants are seasonal, fixed( power, strong winds) mobile structures that sell i. e. Keller Com, Snow Cone Shack. This will require compliance with Zoning( zoned for retail sales) and Building regulations. A license is required. Mobile Commerce Vendor is known as the food truck and boutique trucks. The mobile commerce vendor will be on private property and are outside the special service area downtown). A license is required. Peddler/Solicitor is the person that goes door-to-door in residential areas and sells items i. e. ice cream truck, Schwann truck. A solicitor goes door-to-door to take orders for items or charitable contributions. A license is required along with a background check. This distinction between foodstuffs and goods includes prepared food is " foodstuffs" are items that are pre-packaged e. g. Schwann truck. Under " goods" it is prepared foods which is later Page I of4  Wi.& Legal Review M'. 0 July 11, 2017 defined as any food or non- alcohol beverage sold or offered for sale that is cooked or otherwise prepared for immediate consumption e. g. teen, bbq truck. The license requirement and condition is the following: An itinerant merchant shall only sell goods and foodstuffs consistent with the regulations contained in this chapter, and no license shall be issued to an itinerant merchant where the location or premises indicated on the application for the activity is not zoned to permit retail selling activity. The location of the sale shall be on private property, outside of the special services area defined in Ordinance 3325, and shall, in all respects, comply with all zoning regulations for the district and all building safety regulations applicable to the property, including but not limited to a seasonal commercial occupancy permit. A mobile commerce vendor shall only sell goods consistent with the regulations contained in this chapter and only from a location within the City upon private property, outside of the special services area defined in Ordinance 3325, which complies with all zoning and building safety requirements of this Code, subject to the following restrictions: o mobile commerce vendors may only operate daily between 6: 00 a. m. to 1: 00 a. m. o noise from mobile commerce vendors, including but limited to generators and music, shall not exceed 75 decibels as measured from 10 feet away. o mobile commerce vendors shall collect all trash and debris resulting from their operations within 100 feet of the vending area. o mobile commerce vendors shall not utilize water, electric or other City utilities. o mobile commerce vendors selling prepared food shall properly dispose of any fat, oil or grease generated during its operation in accordance with applicable law. Notwithstanding the foregoing, mobile commerce vendors may operate on public property within the City only as part of a City-approved event under Chapter 111 of this Code. A peddler shall only sell goods and foodstuffs consistent with the regulations contained in this chapter and only along the rights-of-way of the City in the area specified in the application. A solicitor may only sell goods and foodstuffs consistent with the regulations contained in this chapter and only by means of door-to- door solicitation. No peddler or solicitor shall remain in the same place or within reasonably close proximity to the same place except when in the act of expeditiously showing goods or expeditiously selling goods to or purchasing goods or taking orders from a customer. Any peddler or commercial solicitor remaining in the same place or reasonably close proximity to the same place upon the public right-of-way for longer than five( 5) minutes when goods are on display or available for sale without sales activity shall be presumed Page 2 uf4  Orden e& Ugal Review Minutes July 11, 2017 not to be engaged in expeditiously showing goods or expeditiously selling goods to or purchasing goods or taking orders from a customer. An itinerant merchant, mobile commerce vendor, peddler and solicitor licensed under this chapter shall possess a certificate of registration when required by the State of Illinois Retailers Occupation Tax Act and shall timely pay all required sales tax. No person licensed as an itinerant merchant, mobile commerce vendor, peddler or solicitor shall violate the conditions, terms, or limitations of such license. The fee for the license required by this chapter shall be as set from time to time by the City Council$ 100 per year. No license issued under this chapter shall be transferable. City Clerk Meyer asked if( l) the seasonal will have to be applied for annually ( inspections); City Attorney stated they will pay two license ( 1) for the occupancy/ inspection; and ( 2) license; 2) originally it was discussed to put verbage that stated " all preapproved city events are not affected by this until January 1, 2018; City Attorney Hoemer stated that will be added to Section 6. Alderman Randle asked how the $ 75 fee was determined; City Clerk Meyer stated the $ 75 is currently in place which covers the background and administrative. Alderman Randle asked if the fee should be raised? City Clerk Meyer referenced other cities and their fees vary from 100.00 to$ 3400. 00. After discussion it was determined there will be an annual fee of$ 100. 00. City Clerk Meyer stated during special events the food trucks will have to obtain an annual permit and they are aware of the procedure regarding electric. Alderwoman Pusa made a motion seconded by Alderman Randle to approve the changes for the Mobile Commerce Vendors. Members voting aye on roll call: Pusa, Hazel, Randle, Stiehl, Wigginton and Mayor Eckert. ( 6) DISCUSSION CONCERNING ORDINANCE REGARDING RAFFLES City Attorney Hoemer stated this will raise the limit and increases the bond requirements solely for Queen of Hearts raffles. There are fraternal, religious, charitable, educational and veterans that would like to operate the Queen of Hearts raffle. City Attorney Hoemer stated this does not necessarily have to be held at the building owned by the individual; however, it must be operated by the individual that is the entity. City Attorney Hoerner will research and come up with a definition to define" Queen of Hearts". Page 3 uf4  Ordui & upl Review Minutes July 11, 2017 Alderwoman Stiehl made a motion seconded by Alderman Hazel to approve subject to the revisions the city attorney will make. This will be present at the August 7, 2017 meeting. sss City Clerk Meyer stated there ane housekeeping matters: Standing Committees: public health and housing committee shall consist of five ( 5) aldermen the representative from the Belleville Economic Progress Inc was removed). Regarding" Plan Commission' is changed to " Planning Commission'. Downtown Development and Redevelopment will be changed to reflect one person that resides in the downtown business district or owns a property/ business. Alderwoman Pusa made a motion seconded by Alderman Hazel to approve the revisions in Chapters 30 and 32. All members voted aye. EXECUTIVE SESSION None. MISCELLANEOUS& NEW BUSINESS None. ADJOURNMENT Alderman Randle made a motion seconded by Alderwoman Pusa to adjoum at 6: 52 p.m. All members voted aye. rV Aldi tman Roger i ginton, Chairman Page4 of4