[Adopted 9-9-1981 (Ch. 60A of the 1967 Code)]
As used in this Article, the following terms shall have the
meanings indicated:
The act or acts of offering to sell or selling at retail
or giving away at temporary or permanent locations any kind or character
of food or beverage from a mobile unit.
Any movable restaurant, truck, van, cart, bicycle or other
movable unit in, on or from which food or beverage is sold or offered
for sale at retail or given away at temporary or permanent locations.
Vehicles for the delivery of previously ordered food or beverage,
such as pizza, bread and milk, are excluded from the foregoing definition.
Any person, firm or corporation engaged in the business of
peddling as defined in this Article.
It shall be unlawful to engage in the business of peddling any
kind or character of food or beverage from mobile units in the City
of Glens Falls, New York, without obtaining a license pursuant to
the provisions of this Article.
A.
It shall be unlawful for anyone engaged in the business of peddling
any food or beverage from mobile units to misrepresent the character
or the quality of the merchandise offered for sale or to importune
or otherwise annoy any person or persons for the purpose of effecting
a sale.
B.
Compliance with other provisions.
(1)
All
food and beverages which shall be sold or offered for sale from such
mobile unit shall comply with all laws and local ordinances relating
to food and food products.
(2)
All
mobile food unit vendors shall keep the vehicles and receptacles that
are used in a clean and sanitary condition and the foodstuffs and
edibles offered for sale well covered and protected from dirt dust
and insects.
[Added 4-26-2011 by L.L. No. 3-2011]
(3)
All
mobile food unit vendors must adhere to New York State Public Health
Law § 225 and guidelines established by New York State Department
of Health regulations on mobile food service establishments and food
carts.
[Added 4-26-2011 by L.L. No. 3-2011]
C.
It shall be unlawful for any person engaged in the business of selling
food or beverages from a mobile unit to park any mobile unit within
the lines of any public street, road or other public place for the
purpose of engaging in such business for a period longer than five
minutes. No such mobile unit shall stop for the purpose of conducting
business within 200 feet of any school, while in session, firehouse,
public building of any nature or any privately operated restaurant,
tavern, coffee shop or similar business. In addition, no such mobile
unit shall be used for conducting the aforesaid business in any public
park unless written permission is obtained in advance from the Recreation
Commission or the Superintendent of Recreation for the City of Glens
Falls. No such mobile unit shall conduct business within Civic Center
Plaza unless written permission is obtained in advance from the Director
of the Glens Falls Civic Center.
D.
It shall be unlawful for any person engaged in the business of peddling
any kind of food or beverage from mobile units to make unreasonably
loud noise by bells, whistles or other sound-making devices.
During the hours of 11:00 a.m. to 2:00 p.m., the limit of five minutes set forth in the aforesaid § 156-31C shall not apply at a designated parking area on the southerly side of Maple Street beginning at Bay Street and extending easterly approximately 50 feet. Said designated area shall be appropriately signed and marked by the city, and it shall be unlawful for any vehicle other than a licensed mobile unit to park there between the hours of 11:00 a.m. and 2:00 p.m.
A.
Any person, firm or corporation desiring to engage in the business mentioned in §§ 156-30 and 156-31 hereof shall apply to the City Clerk of the City of Glens Falls, in writing, on forms supplied by the City of Glens Falls for such purpose and verified by said person. The application, accompanied by the license fee hereinafter fixed, shall set forth:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the mobile unit.
(3)
A description of said mobile unit to be licensed, giving the name
of the manufacturer, serial number, motor number and other insignia
appearing thereon, including the license plate number if a motor vehicle.
(4)
The date of purchase of the mobile unit and the name and address
of the person from whom acquired.
(5)
If the applicant is not the owner, the interest of the applicant
in the ownership or operation of said mobile unit.
(7)
The names and addresses of persons, firms or corporations from whom
food and beverages have been or will be purchased.
(8)
Three business references.
(9)
All permanent home addresses of the applicant within the last three
years.
(10)
The name and address of the salesman or operator upon said mobile
unit.
(11)
Whether or not the applicant has been convicted of a crime or
misdemeanor or a violation of any municipal ordinance and the nature
of the offense, if any, for which convicted and the date and place.
B.
Where the applicant is a firm or corporation, all provisions of Subsection A shall be applicable to each officer of the corporation and member of a partnership.
C.
Anyone desiring a license as a salesman upon or from any mobile unit
under this Article shall apply, in writing, to the City Clerk on forms
supplied by the City of Glens Falls and verified by the applicant.
Said application shall be accompanied by the prescribed license fee
and any necessary permit secured from the New York State Department
of Health.
A.
Upon receipt of an application for a license, the City Clerk shall
forthwith transmit the same to the Chief of Police, who shall investigate
the applicant and return the application to the City Clerk, with or
without approval. Said application shall then be referred to the Common
Council, which may grant a license applied for if all requirements
have been followed.
[Amended 4-26-2011 by L.L. No. 3-2011]
B.
A license for a mobile unit shall entitle the person named therein to engage in the business mentioned in §§ 156-30 and 156-31 hereof. Such license shall not be transferable. A salesman's license shall entitle the person named therein to sell or offer to sell such products mentioned in §§ 156-30 and 156-31 hereof from a licensed mobile unit and shall not be transferable to any other person. Upon the issuance of a license, the City Clerk shall furnish the licensee with a plate, badge or other evidence corresponding to the number of the license and the year in which it is issued. The plate, badge or other evidence shall be displayed at all times in a conspicuous part of the licensed mobile unit or carried upon the person of the salesman, as the case may be. Such evidence shall be exhibited on demand of any citizen or any member of the Police Department or the Health Officer of the city. Licenses issued pursuant to the provisions of this Article shall be good only for the year in which issued and shall be effective from the first day of January in each year. Any person applying for or obtaining a license after the first of January in any year shall pay the license fee for the full year.
C.
No license shall be refused except for a specific reason and for
the protection of the public's safety, health, morals or general
welfare. No license shall be granted to a person under 18 years of
age. No applicant to whom a license has been refused or who has had
a license revoked shall make further application until a period of
at least six months shall have elapsed since the last previous rejection
or revocation.
A.
Fees.
(1)
The annual license fees imposed under this Article shall be $25 for
each mobile unit used exclusively for the sale of peanuts and/or popcorn.
(2)
The license fees for all other mobile units shall be $700 for the
first mobile unit and $25 for each additional mobile unit owned and
operated by the same applicant.
[Amended 2-11-2014 by L.L. No. 1-2014]
(3)
The aforesaid fees shall entitle the licensee to two salesmen's
licenses for each mobile unit without charge. The license fee for
each additional salesman for any one mobile unit shall be $25 per
annum.
(4)
The weekly license fees for mobile food units shall be $75 for the first mobile unit and $25 for each additional mobile unit owned and/or operated by the same applicant. The Glens Falls Farmers Market Membership Association, which has an annual license agreement with the City of Glens Falls, shall be excluded from licenses fees. Not-for-profit charitable, religious, educational or civic organizations who are vending for City events are exempt from payment of weekly license fees; however, all organizations must follow the procedure outlined in § 156-41, Regulations for operation, and must complete a mobile food unit license application (fee waived) as outlined in § 156-30, License Required, and § 156-33, Application for license, in order to vend.
[Added 4-26-2011 by L.L. No. 3-2011; amended 2-11-2014 by L.L. No.
1-2014]
B.
All licenses issued during a year shall automatically expire on January
1 of the following year.
C.
An applicant may apply for a seasonal license for which the fees
imposed under this Article and the rules governing the same shall
be as follows:
(1)
Twenty-five dollars for each mobile unit used exclusively for the
sale of peanuts and/or popcorn.
(2)
The seasonal license fees for all other mobile units shall be $500
for the first mobile unit and $25 for each additional mobile unit
owned and operated by the same applicant.
[Amended 11-8-2011 by L.L. No. 8-2011; 2-11-2014 by L.L. No. 1-2014]
(3)
The aforesaid fees shall entitle the licensee to two salesmen's
licenses for each mobile unit without charge. The license fee for
each additional salesman for any one mobile unit shall be $25 per
annum.
(4)
All licenses issued during the year shall automatically expire at
the end of six months or on January 1 of the following year, whichever
comes first.
D.
In addition to a licensee's being subject to the penalties provided in § 156-36, any license issued under this Article may be revoked by the Mayor for any misstatement in the application or for any violation of this Article after notice and hearing; provided, however, that a license may be suspended for a period not exceeding 30 days. Should any license be revoked or suspended, no part of the license fee shall be returned.
Any person, firm or corporation violating any of the provisions
of this Article shall, upon conviction thereof, be subject to a fine
not to exceed the sum of $200 or be imprisoned in the City jail for
a term not to exceed 90 days, or both, in the discretion of the Judge
before whom such conviction is obtained.
In addition to the other law enforcement agencies of the City
of Glens Falls, the Health Officer or his authorized agent is hereby
empowered to enforce the provisions of this Article and to make complaints
and arrests for the violation of any of the terms and provisions hereof.
