[HISTORY: Adopted by the Village Board of the Village of
Churchville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-16-2012 by L.L. No. 2-2012 (Ch. 82 of the 1984 Code)]
A.
This article is intended to regulate and license the outdoor vending
and service of prepared foods in areas where it is appropriate so
as to maintain free and unimpeded pedestrian use of sidewalks and
other public areas, to prevent obstruction of traffic on Village streets,
and to otherwise promote and protect the public health, safety and
general welfare.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Specific purposes of this article are:
(1)
To ensure adequate space for pedestrians on the sidewalks adjacent
to the locations of outdoor vendors or services.
(2)
To preserve and enhance the character of the area within which such
outdoor service is permitted in the Village and to protect the adjacent
areas.
(3)
To promote the most desirable use of land.
Whenever used in this article, the following terms shall have
the meanings indicated:
Any wheeled vehicle or device used by a food vendor, other
than a motor vehicle or trailer, which may be moved with or without
the assistance of a motor and which does not require registration
by the Department of Motor Vehicles.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A parade, a celebration of a national, state or locally designated
holiday, or a civic event, sponsored by one or more not-for-profit
or community organizations, recognized by the Village Board as a community
event.
The Department of Health of the County of Monroe.
Any raw, cooked or processed edible substance or beverage,
or ice cream, ice cream products or frozen desserts.
A person who vends, peddles, sells or offers food for sale
at retail in any public space or park, or a concession stand situated
in a park or regulated area, as defined herein.
Any area owned by the Village and designated as a public
park on the Village Map, including any driveways or access roads,
sidewalks and structures therein, and also including the grounds of
the Village Hall.
All publicly owned roadways, streets or sidewalks.
Any sidewalk maintained by the Village for pedestrian traffic.
Any use of a sidewalk or other public space for the location of tables and chairs, benches or other seating arrangements for the outdoor service and consumption of food and/or beverages. For the purpose of this article, a sidewalk cafe may only be located immediately adjacent to a building occupied by the restaurant or establishment serving such food or beverages, and operating in compliance with Chapter 250, Zoning, of the Village Code, for the use and convenience of the patrons of such restaurant or establishment.
A movable, portable or collapsible structure, framework,
device, container or other contrivance used by a food vendor for displaying,
keeping or storing any food or article required in acting as such
a vendor.
Any street or public thoroughfare maintained by the Village
for vehicular traffic. A "street" shall include all state and county
highways within the Village and approved by the state and county as
being within the scope of this article.
The area within the intersection of two streets from the
pavement and/or curb edge to the edges of the sidewalk farthest from
the pavement or curb edge.
A motor vehicle or trailer as defined in the Vehicle and
Traffic Law.
To hawk, peddle, sell or offer food, in a public space or
park, delivered immediately for consumption or for purchase for consumption
elsewhere.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Food vendors and sidewalk cafes are permitted to locate and
operate, in accordance with the provisions of this article, only within
the area of the Village designated as the CB Central Business District,
as shown on the official Village Zoning Map, except for community
events for which the Village Board designates certain areas and times
during which temporary licenses may be issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful to act as a food vendor or to vend food
from any vehicle, pushcart or concession stand, or other structure
or device, in a public space or park or area, or to locate or maintain
any sidewalk cafe, without first having obtained a license in accordance
with the provisions of this article and having paid the fee established
for such license. Charitable, religious, educational, recreational,
civic or other not-for-profit community organizations located within
the Village are required to obtain licenses for activities regulated
by this article but shall, upon submission of documentation to the
Village Board verifying that the proceeds derived from such activities
will go to and be used by such organization for charitable or not-for-profit
purposes, be exempt from the payment of the license fee.
A.
Application for a license hereunder shall be made in writing to the Village Clerk by the person to be licensed, on forms to be furnished by said Clerk, and shall contain or be accompanied by the information and documentation listed in Subsection B of this section and such other information as said Clerk may reasonably require. A separate license shall be required for each vending unit or location.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The application shall, at a minimum, contain or be accompanied by
the following information:
(1)
Name, address, telephone number(s) and e-mail address for the applicant.
(2)
Emergency contact number for the applicant.
(3)
If the applicant is applying on behalf of someone other than himself
or herself, the name and address of the person, firm or corporation
the applicant represents.
(4)
The address or location at which the applicant intends to operate.
(5)
If the license is for the conduct of activities and operations during
a recognized community event, the dates for which the license is sought.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
If different from the applicant's, the name of the owner of
the premises on which the applicant intends to locate or operate and
a signed statement from the owner granting the applicant permission
to locate or operate on the property and the period during which the
permission is in effect.
(7)
A brief description of the nature of the activity or business to
be conducted and the types of food to be sold.
(8)
A description of the structures, vehicles, equipment, furnishings,
appliances and fixtures to be used and how and where such personal
property is to be stored or secured during nonoperational hours.
(9)
A sketch map of the property where the activities or operations are
to be located, indicating the address and name (if any) of adjacent
properties, designating any properties which are Village-owned, and
showing the proposed locations of any structures, vehicles, equipment,
furnishings, appliances and fixtures to be used in the activity or
operation.
(10)
Whether or not the applicant or the person, firm or corporation
the applicant represents has ever been convicted of a felony, misdemeanor
or violation of any municipal ordinance or local law, except traffic
violations, and if so, the offense of which convicted, date, court
and sentence. No license shall be denied by reason of the applicant's
having been previously convicted of one or more criminal offenses
except pursuant to § 752 of the New York State Correction
Law, as amended from time to time.
(11)
Whether a valid license has been issued by the Monroe County
Department of Health indicating that the proposed activities and operations,
and the structures, vehicles, equipment, furnishings, appliances and
fixtures to be used, comply with applicable provisions of the state
and county regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(12)
If the application involves the use of a vehicle, proof of a
valid state motor vehicle registration for the vehicle to be used.
(13)
Proof that the applicant holds a New York State sales tax identification
number.
(14)
In the event that any other license or permit shall be required
by any other governmental agency in connection with the applicant's
proposed activities or operation, proof that such license or permit
has been obtained.
Upon receipt of an application for a license, the Village Clerk
shall refer such application to the Building Inspector/Code Enforcement
Officer for investigation to determine whether the applicant meets
the requirements of this article.
No license shall be issued by the Village Clerk until the Building
Inspector/Code Enforcement Officer has determined that:
A.
The applicant has provided a valid copy of a food service permit
issued by the Monroe County Department of Health.
B.
The applicant has provided a binder, endorsement or unconditional
certificate of insurance (or other proof of insurance satisfactory
to the Village Attorney) clearly providing for comprehensive general
liability coverage, naming the Village of Churchville as additional
insured, for combined single limits of no less than $1,000,000 per
occurrence and $1,000,000 general aggregate. The same shall provide
that no cancellation or material modifications shall occur except
upon 30 days' prior written notice to the Village.
C.
The applicant has submitted proof of compliance with the Fire Prevention
Code requirements acceptable to the Building Inspector/Code Enforcement
Officer in the event that a liquefied propane gas tank, heat-producing
device or any open flame is to be used in conjunction with the applicant's
food vending.
D.
The location of the proposed food vending operation, or the location
of any sidewalk cafe, will not interfere with pedestrian or vehicular
traffic or with access to or egress from any building and will not
otherwise be detrimental to the public health and safety. The Building
Inspector/Code Enforcement Officer shall, in the case of any location
on a Village sidewalk, park or other public area, meet with the applicant
to identify and mark the exact location for the food vendor or sidewalk
cafe operation.
E.
There is adequate provision for parking and seating.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The fee for licenses issued under this article shall be as set by
resolution of the Village Board for seasonal licenses, community event
licenses and sidewalk cafe licenses.
B.
Unless sooner revoked, seasonal and sidewalk cafe licenses shall
expire on December 31 each year, regardless of when issued. Community
event licenses shall be valid only for the dates for which the license
is issued.
C.
Licenses are not assignable.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every vendor shall affix to his vehicle, pushcart or stand,
in a conspicuous place where the same may be plainly seen at all times,
the license issued, bearing an identification number and the year
of the issuance of such license. In the case of sidewalk cafes, the
license shall be displayed in a conspicuous place on the building
to which such space is adjacent.
A.
Location restrictions. No license shall be issued to a food vendor
to locate or conduct business:
(1)
Within 10 feet of a sidewalk corner.
(2)
Within the lines extending from the sides of a building doorway or
entrance to the curb and perpendicular to said lines for a distance
of 10 feet.
(3)
Within 100 feet of any restaurant or establishment serving or selling
food, unless affiliated with such restaurant or establishment serving
or selling food, or within 100 feet of any church or funeral home.
B.
Sidewalk clearance. At all times, a vendor or operator of a sidewalk
cafe shall maintain a minimum sidewalk width clearance of three feet,
clear space, to provide adequate and unobstructed pedestrian movement,
such width to be measured from the outermost point of the vendor or
cafe area.
C.
Maintenance of area. All vendors conducting business from a vehicle,
pushcart or stand, and all operators of sidewalk cafes, must regularly
pick up all papers, cartons, rubbish or any debris in any form which
is deposited within a radius of 50 feet from the vendor's stand,
pushcart or vehicle, or the outer perimeter of the sidewalk cafe,
and shall otherwise maintain the area in a clean, orderly condition.
D.
Waste containers. Each vendor conducting business at a public place,
park or area, and the operator of any sidewalk cafe, shall maintain
a suitable waste container adjacent to such operation for the placement
of litter by customers or any other person and shall properly dispose
of said litter at the end of each day of operation or at such times
as the container becomes full.
E.
Area of use. No vendor shall occupy more than 20 square feet of area.
F.
Alcoholic beverages. The service and consumption of alcoholic beverages
of any and all types and kinds is prohibited within the permitted
area, except for sidewalk cafes in which service is by the adjacent
establishment having a state license for the outdoor service of alcoholic
beverages and where the service and consumption of alcoholic beverages
is accessory to the principal service and consumption of food. It
is the responsibility of the owner and/or operator of the premises
adjacent to such sidewalk cafe to ensure compliance with this provision.
G.
Noise. No vendor shall carry on his business in a loud or boisterous manner or otherwise in violation of Chapter 146, Noise, of the Village Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
Lights. No vendor shall attach or have attached to any stand, cart
or vehicle used in the business any flashing or revolving light or
lights, except those permitted by law. Any lighting provided in connection
with a stand, cart or vehicle, or a sidewalk cafe, shall be minimal
and shall be installed so that no point source shall be observed from
any neighboring property, There shall not be any direct or indirect
illumination from such point source which causes an illumination level
in excess of 0.5 footcandle on any abutting property.
I.
Hours. The hours of operation by any vendor, or of any sidewalk cafe,
shall be limited to 9:00 a.m. to 9:00 p.m. each day.
J.
Equipment. No stand, cart, equipment, appliance, furniture or fixture
shall be left or stored on any sidewalk, park or other public area
during nonoperational hours. Furniture and fixtures used in conjunction
with outdoor service must be of a temporary nature and must be brought
in at closing time.
K.
Signage. Each vending unit, stand or cart shall be permitted one sign, not more than four square feet in area, permanently mounted on the vending unit, stand or cart, and one A-frame or sandwich-board sign located within five feet of the unit and otherwise complying with the provisions of Chapter 250, Zoning, of the Village Code. (See Chapter 250, Article XIII.)
The Village Board may, by resolution, limit the number of vendors
to be permitted on or in Village sidewalks, parks and public areas
and the locations within which vendors' stands, carts or vehicles
are permitted. In the case of applications in excess of any such limits,
preference shall be given to residents of the Village and owners or
operators of businesses within the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any license issued pursuant to the provisions of this article
may be revoked by the Village Clerk upon notice and hearing for any
of the following causes:
A.
The Village Clerk has been advised by the Department of Health that
such vendor has violated any of the provisions of applicable state
or county laws, codes or regulations.
B.
A false or fraudulent statement is contained in the application for
any license.
C.
A false or fraudulent statement is made in connection with the selling
of any food item.
D.
The vendor violates any provision of this article.
