Municipal Code of Chicago § 4-6-330 Mobile merchants.
4-6-330 Mobile merchants.
(a) Definitions. For purposes of this section:
(1) "Goods" means tangible personal property other than money.
(2) "Mobile merchant" means a person that offers goods for sale at retail or wholesale from within a motor vehicle.
(3) "Mobile merchant vehicle" means a motor vehicle used to conduct a mobile merchant business.
(b) License.
(1) No person shall conduct business as a mobile merchant without first having obtained a mobile merchant license. A separate license shall be required for each mobile merchant vehicle.
(2) No transfer of ownership shall be allowed on any license issued under this section.
(c) In addition to the general license application requirements, an applicant for a mobile merchant license shall:
(1) submit the following information about the mobile merchant vehicle to be licensed: its make and model, its registered license plate number, and specifications, photos, and plans as to the layout of the spaces that the public may access;
(2) supply the name, if a business, and address of the place where such vehicle will be stored when not in use; and
(3) supply any other information that the Commissioner may reasonably require.
(d) Insurance – Required. An applicant for a mobile merchant license shall produce proof to the Commissioner of Business Affairs and Consumer Protection that such applicant has obtained commercial general liability insurance, with limits of not less than $1,000,000.00 per occurrence, for bodily injury, personal injury and property damage and obtained a commercial automobile liability insurance with limits of not less than $1,000,000.00, combined single limit, per occurrence for bodily injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. The insurance policy required under this section shall: (1) be issued by an insurer authorized to insure in Illinois; (2) name the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations; and (3) include a provision requiring 30 days' advance notice to the Commissioner of Business Affairs and Consumer Protection prior to cancellation or lapse of the policy. If a mobile merchant license is issued to such applicant, such licensee shall maintain the insurance required under this subsection in full force and effect for the duration of the license period.
(e) Vehicle Requirements. Every vehicle used by a mobile merchant in the conduct of such business shall comply with the following requirements:
(1) The legal name of the business, and the "doing business as" name, if different, and, if required by state or federal law, the Department of Transportation permit number and registration number, shall appear plainly, distinctly, and legibly in letters and figures at least two inches in height with a one-half inch wide brush stroke in a conspicuous place on both lateral sides of the vehicle, in compliance with 49 C.F.R. § 390.21.
(2) The interior of the vehicle shall be kept in a clean condition.
(3) The vehicle shall be a commercial vehicle as defined by Section 9-4-010(a) and/or (b).
(4) The vehicle shall:
(A) be a motor vehicle of the second division;
(B) not be a trailer;
(C) have only a single deck; and
(D) not be more than thirty feet in length.
(5) The vehicle shall not be used for any purpose other than a mobile merchant business.
(6) Each mobile merchant vehicle shall be completely enclosed with top and sides.
(7) Any person who operates such vehicle must have a valid driver's license issued by the State of Illinois or another state, district, or territory of the United States.
(8) Each mobile merchant vehicle shall be inspected and maintained by a licensed professional, including mechanics and, if applicable, by professionals who install and maintain safety electrical equipment, as often as necessary but not less than every 90 days, and copies of the last four maintenance reports must be kept in the vehicle at all times while the vehicle is in use.
(9) There shall be no propane or other natural gas in a mobile merchant vehicle, other than any necessary to power the vehicle itself.
(f) Operation.
(1) Vehicle Stops.
(A) Mobile merchant vehicles shall move from place to place upon the public ways and shall not be operated at a fixed location except as otherwise provided in this section. It shall be unlawful for any mobile retail licensee to move the vehicle while patrons are in the vehicle.
(B) Mobile merchant vehicle stops shall be made only to be open for business. Operators shall:
(i) comply with all parking and movement restrictions, including street cleaning, rush hour parking, and snow route parking;
(ii) park parallel to the curb in a legal parking spot; and
(iii) limit the number of patrons in the vehicle to ensure safe exit from and entry to the vehicle.
(C) No operator shall operate on any block for longer than the parking meter or signage allows or for longer than four hours, whichever is shorter. Nor shall any operator park, stand, or stop the vehicle:
(i) within 20 feet of a crosswalk;
(ii) within 30 feet of an intersection; or
(iii) adjacent to a bicycle lane.
(D) A stop to service customers shall be considered parking for the purposes of regulation under Title 9 of the Code.
(2) Private Property. Operation of a mobile merchant vehicle is not allowed on private property without first obtaining written permission of the owner or lessee of the property. With the permission of the owner or lessee, the four-hour service limit shall not apply. Notwithstanding this provision, no operation of a mobile merchant vehicle is allowed on a privately-owned (A) vacant lot, or (B) lot that includes a vacant building, or combination thereof. For purposes of this subsection, the term "vacant" has the meaning ascribed to the term in Section 13-12-125(e) of this Code.
(3) Mobile merchants shall not interfere with or impede the free flow of traffic on the public way.
(4) Signage or any type of accessory equipment, storage, or display of goods of any kind are prohibited on or over the public way.
(5) No mobile merchant vehicle shall be equipped with any
(A) electronic sound-amplifying device, or
(B) oscillating, rotating, or flashing lights.
(6) It shall be unlawful for any mobile merchant to use a portable generator or to connect electrical or utility services over the public way.
(A) Operators shall only use "in-line" electrical generators that are powered by a hard-lined, manufacturer-installed fuel line taken directly from the vehicle's main fuel tank. All other types of generators, including, but not limited to, portable stand-alone and separate-fill generators, many not be used.*
* Editor's note – As set forth in Coun. J. 1-15-20, p. 13000, § 3; should likely read "may not be used." Future legislation will correct if needed.
(B) A vehicle must be equipped with (i) a working carbon monoxide detector that meets standards set forth in NFPA 1192-6.4.6; (ii) a multi-purpose fire extinguisher; and (iii) a fire detector.
(C) For vehicles that use an onboard electrical power inverter, the mobile merchant must submit a signed affidavit attesting that: (i) the inverter is certified by Underwriters Laboratory (UL); (ii) the applicant is aware of the maximum capacity of the inverter and will utilize and maintain it according to manufacturer's specifications; and (iii) a licensed mechanic installed and mounted the inverter according to manufacturer's specifications.
(7) The mobile merchant license shall be posted in a conspicuous place in the vehicle to which the public has access by sight. The mobile merchant shall also post an emblem issued by the Department of Business Affairs and Consumer Protection in the front windshield of the vehicle according to the instructions of the Department.
(8) No sales from a mobile merchant vehicle shall be made between the hours of 10:00 P.M. and 6:00 A.M.
(9) Mobile merchant vehicles shall be operated only by the mobile merchant or by an authorized employee of such licensee.
(10) A mobile merchant may only sell goods, and not provide services, from the motor merchant vehicle.
(g) (1) The Department of Business Affairs and Consumer Protection may issue emblems for mobile merchant vehicles to indicate the mobile merchant vehicle license.
(2) The Commissioner of Business Affairs and Consumer Protection, in consultation with the Department of Transportation, Department of Police, and the Office of Emergency Management and Communications, in the interest of preserving public safety or avoiding traffic congestion, may, by rule, set a limit on the number of total mobile merchant licenses that may be issued at any given time.
(h) The City Council has determined that certain street segments would experience detrimental congestion resulting from the presence of mobile merchant operations; accordingly, such operations are prohibited in this Subsection (h).
(Added Coun. J. 1-15-20, p. 13000, § 3)