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TO: Mayor Richard C. Irvin
FROM: Law Department on behalf of the Mayor's Office
DATE: February 3, 2023
SUBJECT:
An Ordinance extending the temporary moratorium on Chapter 25, Article XII Mobile Food Unit Vendors until March 28, 2023 or the passage of amendments to Chapter 25, Article XII Mobile Food Unit Vendors.
PURPOSE:
This ordinance extends the temporary moratorium on any renewals or new yearly licenses or six-month licenses to be issued for Mobile Food Unit Vendors until March 28, 2023 or the passage of amendments to Chapter 25, Article XII Mobile Food Unit Vendors except those applying for event-based permits or associated with a restaurant operating on their own property and current licensees in good standing.
BACKGROUND:
Chapter 25, Article XII was established initially in Ord. O18-024 in March of 2018. The purpose of the ordinance was to create structure around a growing industry that would allow "Mobile Food Units" (MFU's) to operate legally in limited circumstances, primarily special or private events. The code did not expressly contemplate "long-term" leases or trucks parked regularly in the same location, it focused on protecting existing brick and mortar locations, fire safety and providing avenues for special event organizers to use them where appropriate.
DISCUSSION:
This ordinance limits the privileges automatically granted under Chapter 25, Article XII on yearly licenses and renewals until March 28, 2023 or the passage of amendments to Chapter 25, Article XII Mobile Food Unit Vendors. In order to legally operate a mobile food unit in the City of Aurora, a license would be issued by the City Treasurer or his designee.
This moratorium would exclude any event-based mobile food unit vending licenses and licenses associated with a restaurant operating on their own property. This will allow staff adequate time to continue to draft ordinance updates, review the process to submit applications, update staff procedure and oversight with the goal of a clear, streamlined license process and enforcement mechanism of this ordinance.
IMPACT STATEMENT:
This moratorium will impact yearly licensees by limiting their ability to apply for the first twelve weeks of the year if they are not in good standing as well as new applicants. The event(s) based license will be available to still allow mobile food unit vendors to apply for events.
The changes occurring to Chapter 25, Article XII will substantially impact locations, requirements for each unit, as well as types of licenses.
RECOMMENDATIONS:
It is requested that Council extends the temporary moratorium until March 28, 2023 or the passage of amendments to Chapter 25, Article XII Mobile Food Unit Vendors.
cc: Rules, Administration, and Procedure Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance extending the temporary moratorium on Chapter 25, Article XII Mobile Food Unit Vendors until March 28, 2023 or the passage of amendments to Chapter 25, Article XII Mobile Food Unit Vendors.
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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, in the exercise of such powers, Chapter 25, Article XII of the Code of Ordinances, City of Aurora, Illinois ("Code of Ordinances") provides for the licensure of persons engaged in mobile food vending in any form in the city; and
WHEREAS, the City Council finds that the public health, safety, and welfare of the community may require additional regulation on mobile food vending within the City; and
WHEREAS, to provide for an orderly process of establishing such regulation, the City Council finds that it is necessary to temporarily prohibit the issuance of six-month and yearly licenses, with the exception for event-based licenses and licenses associated with a restaurant and those yearly/six-month licensees that are renewing that are in good standing with the City, until the ordinance is modified and updated.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that the City Treasurer shall not issue six-month or yearly licenses under Section 25-285 of the Code of Ordinances to any applicant who submits an application for a six-month license or year license on or after the passage of this Ordinance until March 28, 2023 or the passage of amendments to Chapter 25, Article XII Mobile Food Unit Vendors.
BE IT ORDAINED, that current licensees that are submitting a renewal for 2023, that are in good standing with all City ordinances, are allowed to renew their license.
BE IT ORDAINED, that the City Council finds that the protection of the public health, safety, and welfare of the community that said Ordinance shall become immediately effective upon its adoption by a vote of two-thirds of the City Council; and further;
BE IT ORDAINED, that nothing in this Ordinance shall be construed as imposing additional limitations or obligations on any applications for event-based licenses or licenses associated with restaurants operating on their own property.