IL
Illinois House Bill HB2099

Illinois 2023-2024 Regular Session

Illinois House Bill HB2099 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2099 Introduced , 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. LRB103 25457 AWJ 51806 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2099 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: New Act 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. LRB103 25457 AWJ 51806 b LRB103 25457 AWJ 51806 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2099 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
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55 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.
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1313 1 AN ACT concerning local government.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 1. Short title. This Act may be cited as the Food
1717 5 Truck Freedom Act.
1818 6 Section 5. Definitions.
1919 7 "Event permit" means a permit that a unit of local
2020 8 government issues to the organizer of a public food truck
2121 9 event located on public property.
2222 10 "Food cart" means a cart that:
2323 11 (1) is not motorized; and
2424 12 (2) a vendor, standing outside the frame of the cart,
2525 13 uses to prepare, sell, or serve food or beverages for
2626 14 immediate human consumption.
2727 15 "Food service establishment" means an operation that:
2828 16 (1) stores, prepares, packages, serves, or vends food
2929 17 directly to the consumer or otherwise provides food for
3030 18 human consumption;
3131 19 (2) is a satellite or catered feeding location; and
3232 20 (3) relinquishes possession of food to a consumer
3333 21 directly or indirectly through a delivery service such as
3434 22 home delivery of a grocery order or takeout order or a
3535 23 delivery service that is provided by common carriers.
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3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2099 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
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4242 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.
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7676 1 "Food truck" means a fully encased food service
7777 2 establishment:
7878 3 (1) on a motor vehicle or on a trailer that a motor
7979 4 vehicle pulls to transport; and
8080 5 (2) from which a food truck vendor, standing within
8181 6 the frame of the vehicle, prepares, cooks, sells, or
8282 7 serves food or beverages for immediate human consumption.
8383 8 "Food truck" does not include a food cart or an ice cream
8484 9 truck.
8585 10 "Food truck business" means a business that operates one
8686 11 or more food trucks.
8787 12 "Food truck event" means an event where an individual has
8888 13 ordered or commissioned the operation of a food truck at a
8989 14 private or public gathering.
9090 15 "Food truck operator" means a person who owns, manages, or
9191 16 controls, or who has the duty to manage or control, a food
9292 17 truck business.
9393 18 "Food truck vendor" means a person who sells, cooks, or
9494 19 serves food or beverages from a food truck.
9595 20 "Health department food truck permit" means a document
9696 21 that a local health department issues to authorize a person to
9797 22 operate a food truck within the jurisdiction of the local
9898 23 health department.
9999 24 "Ice cream truck" means a fully encased food service
100100 25 establishment:
101101 26 (1) on a motor vehicle or on a trailer that a motor
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112112 1 vehicle pulls to transport;
113113 2 (2) from which a vendor, from within the frame of the
114114 3 vehicle, serves ice cream;
115115 4 (3) that attracts patrons by traveling through a
116116 5 residential area and signaling the truck's presence in the
117117 6 area, including by playing music; and
118118 7 (4) that may stop to serve ice cream at the signal of a
119119 8 patron.
120120 9 "Restaurant" means a place of business where a variety of
121121 10 food is prepared and cooked and complete meals are served to
122122 11 the general public for consumption on the premises primarily
123123 12 in indoor dining accommodations. "Restaurant" includes a food
124124 13 service establishment.
125125 14 "Temporary mass gathering" means:
126126 15 (1) an actual or reasonably anticipated assembly of
127127 16 500 or more people that continues, or reasonably can be
128128 17 expected to continue, for 2 or more hours per day; or
129129 18 (2) an event that requires a more extensive review to
130130 19 protect public health and safety because the event's
131131 20 nature or conditions have the potential of generating
132132 21 environmental or health risks.
133133 22 "Temporary mass gathering" does not include an assembly of
134134 23 people at a location with permanent facilities designed for
135135 24 that specific assembly.
136136 25 Section 10. Licensing; reciprocity; fees.
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147147 1 (a) A unit of local government may not require:
148148 2 (1) a separate license, permit, or fee, beyond the
149149 3 initial or reciprocal business license described in
150150 4 subsection (b) or the fee described in subsection (d) for
151151 5 a food truck business, regardless of whether a food truck
152152 6 operates in more than one location or on more than one day
153153 7 within the unit of local government in the same calendar
154154 8 year;
155155 9 (2) a fee for each employee a food truck business
156156 10 employs; or
157157 11 (3) a food truck business to do any of the following as
158158 12 a business license qualification regarding the business'
159159 13 food truck operators or food truck vendors:
160160 14 (A) submit to or offer proof of a criminal
161161 15 background check; or
162162 16 (B) demonstrate how the operation of the food
163163 17 truck business will comply with a land use or zoning
164164 18 ordinance at the time the business applies for the
165165 19 business license.
166166 20 (b) A unit of local government shall grant a business
167167 21 license to operate a food truck within the unit of local
168168 22 government to a food truck business that has obtained a
169169 23 business license to operate a food truck in another unit of
170170 24 local government within the State if the food truck business
171171 25 presents to the unit of local government:
172172 26 (1) a current business license from the other unit of
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183183 1 local government within the State; and
184184 2 (2) for each food truck that the food truck business
185185 3 operates:
186186 4 (A) a current health department food truck permit
187187 5 from a local health department within the State; and
188188 6 (B) a current approval by a unit of local
189189 7 government within the State showing that the food
190190 8 truck passed a fire safety inspection that the other
191191 9 unit of local government conducted in accordance with
192192 10 relevant State and local requirements.
193193 11 (c) If a food truck business presents the documents
194194 12 described in paragraphs (1) and (2) of subsection (b), the
195195 13 unit of local government may not:
196196 14 (1) impose additional license qualification
197197 15 requirements on the food truck business before issuing a
198198 16 license to operate within the unit of local government,
199199 17 except for charging a fee in accordance with subsection
200200 18 (d); or
201201 19 (2) issue a license that expires on a date earlier or
202202 20 later than the day on which the license described in
203203 21 paragraph (1) of subsection (b) expires.
204204 22 (d) For an initial business license for a food truck
205205 23 business, a unit of local government may only charge a
206206 24 licensing fee to the food truck business in an amount that
207207 25 reimburses the unit of local government for the actual cost of
208208 26 processing the business license.
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219219 1 For a reciprocal business license that a unit of local
220220 2 government issues in accordance with subsection (b) or (c),
221221 3 the unit of local government shall reduce the amount of the
222222 4 business licensing fee to an amount that accounts for the
223223 5 actual administrative burden on the unit of local government
224224 6 for processing the reciprocal license.
225225 7 (e) Nothing in this Section prevents a unit of local
226226 8 government from:
227227 9 (1) requiring a food truck business to comply with
228228 10 local zoning and land use regulations, to the extent that
229229 11 the regulations do not conflict with this Act;
230230 12 (2) adopting local ordinances or rules consistent with
231231 13 this Act that address how and where a food truck may
232232 14 operate within the unit of local government;
233233 15 (3) requiring a food truck business to obtain an event
234234 16 permit, in accordance with Section 20; or
235235 17 (4) revoking a license that the unit of local
236236 18 government has issued if the operation of the related food
237237 19 truck within the unit of local government violates the
238238 20 terms of the license.
239239 21 Section 15. Safety and health inspections; permits.
240240 22 (a) A food truck business shall obtain, for each food
241241 23 truck that the food truck business operates, an annual health
242242 24 department food truck permit from the local health department
243243 25 with jurisdiction over the area in which the majority of the
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254254 1 food truck's operations takes place.
255255 2 (b) A local health department shall grant a health
256256 3 department food truck permit to operate a food truck within
257257 4 the jurisdiction of the local health department to a food
258258 5 truck business that has obtained the health department food
259259 6 truck permit described in subsection (a) from another local
260260 7 health department within the State if the food truck business
261261 8 presents to the local health department the current health
262262 9 department food truck permit from the other local health
263263 10 department.
264264 11 If a food truck business presents the health department
265265 12 food truck permit described in subsection (a) from another
266266 13 local health department within the State, the local health
267267 14 department may not:
268268 15 (1) impose additional health department permit
269269 16 qualification requirements on the food truck business
270270 17 before issuing a health department food truck permit to
271271 18 operate within the jurisdiction of the local health
272272 19 department, except for charging a fee in accordance with
273273 20 subsection (c); or
274274 21 (2) issue a health department food truck permit that
275275 22 expires on a date earlier or later than the day on which
276276 23 the health department food truck permit from another local
277277 24 health department expires.
278278 25 (c) A local health department may only charge a health
279279 26 department food truck permit fee to a food truck business in an
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290290 1 amount that reimburses the local health department for the
291291 2 cost of regulating the food truck.
292292 3 For a health department food truck permit that a local
293293 4 health department issues in accordance with subsection (b),
294294 5 the local health department shall reduce the amount of the
295295 6 health department food truck permit fee to an amount that
296296 7 accounts for the lower administrative burden on the local
297297 8 health department.
298298 9 (d) A unit of local government inspecting a food truck for
299299 10 fire safety shall conduct the inspection based on the all
300300 11 relevant State and local requirements. However, a unit of
301301 12 local government may not require that a food truck pass a fire
302302 13 safety inspection in a given calendar year if the food truck
303303 14 business presents to the unit of local government an approval
304304 15 described in subsection (e) that is issued during the same
305305 16 calendar year.
306306 17 (e) A unit of local government shall consider valid within
307307 18 the unit of local government's jurisdiction an approval from
308308 19 another unit of local government within the State that shows
309309 20 that the food truck passed a fire safety inspection that the
310310 21 other unit of local government conducted.
311311 22 (f) Nothing in this Section prevents a local health
312312 23 department from:
313313 24 (1) requiring a food truck business to obtain an event
314314 25 permit;
315315 26 (2) revoking a health department food truck permit
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326326 1 that the local health department has issued if the
327327 2 operation of the related food truck within the
328328 3 jurisdiction of the local health department violates the
329329 4 terms of the permit; or
330330 5 (3) revoking the unit of local government's approval
331331 6 under subsection (e) if the operation of the related food
332332 7 truck within the unit of local government fails to meet
333333 8 the requirements found during an investigation under
334334 9 subsection (d) in a calendar year in which subsection (e)
335335 10 does not apply.
336336 11 Section 20. Food truck events; temporary mass gatherings.
337337 12 (a) If a unit of local government requires an event permit
338338 13 for a food truck event, the organizer of the food truck event
339339 14 may obtain the event permit on behalf of the food trucks that
340340 15 service the event.
341341 16 (b) Nothing in this Act prohibits a local health
342342 17 department from requiring a permit for a temporary mass
343343 18 gathering.
344344 19 A food truck operating at a temporary mass gathering that
345345 20 occurs over multiple days may operate in a stationary manner
346346 21 for the duration of the temporary mass gathering, not to
347347 22 exceed 5 consecutive days, without moving or changing its
348348 23 location, if the food truck maintains sanitary conditions and
349349 24 operates in compliance with the permitting requirements and
350350 25 regulations imposed on other food vendors at the temporary
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361361 1 mass gathering.
362362 2 A local health department may not impose a requirement on
363363 3 a food truck under this subsection that the local health
364364 4 department does not impose on other food vendors operating at
365365 5 the temporary mass gathering.
366366 6 Section 25. Food truck operation. A unit of local
367367 7 government may not:
368368 8 (1) entirely or constructively prohibit food trucks in
369369 9 a zone in which a food service establishment is a
370370 10 permitted or conditional use;
371371 11 (2) prohibit the operation of a food truck within a
372372 12 given distance of a restaurant;
373373 13 (3) restrict the total number of days a food truck
374374 14 business may operate a food truck within the unit of local
375375 15 government during a calendar year; or
376376 16 (4) require a food truck business to:
377377 17 (A) provide to the unit of local government:
378378 18 (i) a site plan for each location in which a
379379 19 food truck operates in the public right of way, if
380380 20 the unit of local government permits food truck
381381 21 operation in the public right of way; or
382382 22 (ii) the date, time, or duration that a food
383383 23 truck will operate within the unit of local
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385385 25 (B) obtain and pay for a land use permit for each
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396396 1 location and time during which a food truck operates.
397397 2 Section 90. Home rule. A home rule unit may not regulate
398398 3 food trucks or food truck businesses in a manner inconsistent
399399 4 with this Act. This Act is a limitation under subsection (i) of
400400 5 Section 6 of Article VII of the Illinois Constitution on the
401401 6 concurrent exercise by home rule units of powers and functions
402402 7 exercised by the State.
403403 8 Section 99. Effective date. This Act takes effect January
404404 9 1, 2024.
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