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TO: Mayor Richard C. Irvin
FROM: Mayor's Office
Law Department
DATE: March 3, 2023
SUBJECT:
An ordinance amending Chapter 25, Article XII "Mobile Food Unit Vendors".
PURPOSE:
This draft proposes changes to the mobile food unit ordinance based on feedback from the City Council and the community.
BACKGROUND:
In November of 2022, the City Council unanimously approved a moratorium on new licenses for mobile food units to examine if changes to the ordinance were warranted. Staff presented a summary of the issues raised by the City Council, and it was determined amendments would be beneficial.
DISCUSSION:
Staff began the process of drafting proposals for the committee to review, based on factors including survey data, identified gaps in the ordinance, financial data, committee feedback, existing city rules and regulations, best practices and community feedback. The attached draft is reflective of all referenced components.
IMPACT STATEMENT:
Approval of this ordinance will have a positive impact on the community.
RECOMMENDATIONS:
Staff respectfully requests the Rules, Administration and Procedures Committee forwards this draft ordinance to the full Committee of the Whole for review and approval.
cc: Rules, Administration and Procedures Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance amending Chapter 25, Article XII entitled "Mobile Food Unit Vendors" of the Code of Ordinances.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City Council anticipated adopting amendments to Chapter 25, Article XII of the Code of Ordinances to amend the Mobile Food Unit vending licensing process and subsequently adopted Ordinance O22-077 on November 22, 2022 imposing a moratorium on the issuance of Mobile Food Unit Licenses until February 28, 2023. On February 14, 2023, the City Council adopted Ordinance O23-011 extending the moratorium until March 28, 2023 or the adoption of said amendments to the code; and
WHEREAS, the City Council finds that it is appropriate and in the best interests of the City to amend Chapter 25, Article XII, Mobile Food Unit Vendors as set forth in Exhibit A, which is attached hereto and made part of this Ordinance as if fully set forth herein; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Chapter 25, Article XII, Mobile Food Unit Vendors shall be and hereby is amended as set forth in Exhibit A.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval, with the exception of the implementation of the location provision, specifically relating to the distance requirement for existing registered mobile food unit vendors, will take effect on January 1, 2024.
Section Three: That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That the City Clerk and Corporation Counsel are hereby authorized to make any non-substantive, clerical or formatting changes and amendments to Exhibit A as necessary for codification and updating of this Ordinance in Municode.