[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 4-27-2015 by L.L. No. 3-2015; amended in its entirety 10-24-2016 by L.L. No. 7-2016. Subsequent amendments noted where applicable.]
Vehicles and traffic — See Ch. 325.
The purpose of this chapter is to promote and protect the health, safety and general welfare of the Village of Lancaster and its residents.
The following phrases shall have the meanings set forth:
- MOBILE FOOD VEHICLE
- A mobile food unit, either self-powered or towed, other than a work site concession vehicle, from which prepared food is offered for sale to the public.
- MOBILE FOOD VENDING
- The act of vending prepared food through the utilization of a mobile food vehicle.
- PRIVATE CATERED EVENT
- Mobile food vending limited to serving the owners, occupants and guests of just a single dwelling, as "dwelling" is defined at § 350-84 of this Code; an elementary or secondary school; a real estate or insurance office; an art, dance, music or photographic studio; an optician or optometrist office; a fire station with or without club facilities; a meeting room for a lodge or fraternal organization; a medical building; or a nursing home.
- A building where meals are served to customers.
- WORK SITE CONCESSION VEHICLE
- A motor vehicle with a maximum gross weight as reflected upon its registration of not more than 8,600 pounds in which food is not cooked, baked, grilled, broiled or fried.
No mobile food vehicle shall be used for mobile food vending unless a permit issued pursuant to the provisions of this chapter shall first have been obtained, which permit shall at all times be displayed in a conspicuous location that is visible from the outside of the vehicle.
The owner of a mobile food vehicle who wishes to engage in mobile food vending within the Village of Lancaster shall make a written application to the Village Clerk for one or more mobile food vehicle permits on a form provided by the Village Clerk. The application for such permit(s) shall be signed and dated by the owner or by a corporate officer of the owner, shall identify the signor and shall include the following:
Name, address and telephone number of each owner of the mobile food vehicle and in the case of a corporate owner the name, address and telephone number of each corporate officer.
As to each mobile food vehicle for which a permit is requested, a valid and current Erie County Department of Health certification of a successful health inspection as to both the vehicle to be used and the facility whereat food is prepared.
As to each self-powered mobile food vehicle for which a permit is requested, a valid insurance certificate and New York State Department of Motor Vehicles registration and certificate of inspection.
As to each mobile food vehicle for which a permit is requested, a valid and current certification of a successful fire inspection conducted within the prior 12 months by the County of Erie, by a municipality or fire department within Erie County or by the Village of Lancaster Fire Inspector.
A signed statement that the vendor shall indemnify and hold harmless the Village and its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit.
As to each permit application, the fee and renewal fee for a mobile food vending permit shall be $150 for the first mobile food vehicle and $50 for each additional mobile food vehicle.
Any permit issued pursuant to the provisions of this chapter may be revoked by the Village Clerk for any of the following causes. Upon taking such action, the Village Clerk shall notify the Village Board and Village Code Enforcement Officer.
There has been a development, or information has been discovered, which affects the correctness of information provided at the time the permit application was submitted.
The Erie County Commissioner of Health has advised that such vendor has violated any of the provisions of law or the Sanitary Code of Erie County.
It shall be unlawful for a mobile food vendor to conduct business in a location within 100 feet of the primary entrance of a restaurant that is open to the public. This requirement shall be waived if written permission for the mobile food vending operation is first obtained from the owner of the restaurant.
Within nonresidential zoning districts, it shall be unlawful for a mobile food vendor to conduct business at a single location within a public right-of-way for a duration exceeding three hours.
Other than at a time when and place at which a block party sanctioned by the Lancaster Village Board or a "private catered event" is being held, it shall be unlawful for a mobile food vendor to conduct business at a single location upon a public right-of-way within a residential zoning district for a duration exceeding 40 minutes. In the case of a block party sanctioned by the Lancaster Village Board, it shall be unlawful for a mobile food vendor to conduct business at a single location upon a public right-of-way within a residential zoning district for a duration exceeding the duration of the block party. In the case of a "private catered event," it shall be unlawful for a mobile food vendor to conduct business at a single location upon a public right-of-way within a residential zoning district for a duration of more than two hours or as permitted by § 209-8M of this chapter, whichever is less.
At all times, mobile food vendors must abide by all applicable federal, state and local statutes and ordinances.
All signage associated with a mobile food vendor must be permanently affixed to the mobile food vehicle. No accessory signage shall be placed outside or around the mobile food vehicle.
All mobile food vendors must provide trash receptacles of sufficient capacity to contain all trash and waste generated in association with the business of the mobile food vendor. All waste and trash shall be placed in the trash receptacles. All trash, waste, litter and debris shall be removed from the site of the vending operation at the end of each daily operation.
It shall be unlawful to discharge liquid waste, fats, oils or grease on the land. Such discharges shall be held in appropriate containers and then disposed of in a legally permissible manner.
Mobile food vendors shall not conduct operation from a site that contains a gasoline service.
When parked on a public right-of-way, products shall not be dispensed from the street side of the mobile food vehicle.
A self-powered mobile food vehicle shall not be operated in reverse in order to attempt or make a sale.
Mobile food vending shall not be conducted within 60 feet of an intersection.
It shall be unlawful for any mobile food vehicle vendor to operate within 500 feet of the boundary line of any fair, carnival, circus, festival, special event or civic event that is licensed or sanctioned by the Village, except when the vendor has obtained a permit to so operate from the appropriate authority of the Village of Lancaster. Permission may be conditioned upon the payment of fees charged other vendors with respect to such event.
Other than as permitted by § 209-8C with respect to a block party sanctioned by the Lancaster Village Board, mobile food vending shall not be conducted before 7:00 a.m. or after 11:00 p.m., except that mobile food vending shall not be conducted before 9:00 a.m. or after 8:00 p.m. in Zoning District R-1, R-2 or R2A.
A mobile food vehicle, while within the Village of Lancaster, may be inspected at any time for violations of this chapter by any police department or health inspector with jurisdiction within the Village of Lancaster and by the Code Enforcement Officer of the Village of Lancaster.
Primary enforcement of the mobile food vending regulations contained in this chapter shall be the responsibility of the Village of Lancaster Code Enforcement Officer. If the Village of Lancaster Code Enforcement Officer determines an issue to be a police matter, the Code Enforcement Officer shall refer that issue to the Town of Lancaster Police Department. The Code Enforcement Officer shall administer this chapter and be authorized to issue appearance tickets for any violations of this chapter.
The penalty for engaging in mobile food vending without properly obtaining and/or displaying a permit shall be $250 for the initial offense within a twelve-month period and $1,000 for every subsequent offense within said twelve-month period. A permit shall be revoked after the second offense. One who is found guilty more than once within a twelve-month period of engaging in mobile food vending without properly obtaining a permit shall, in addition to applicable fines, be barred from obtaining a permit for 24 months.
Except for violations of the New York State Vehicle and Traffic Law, which shall be prosecuted as such, penalties for all other violations of this chapter not referenced in the preceding subsection shall be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of the Code of the Village of Lancaster.