As used in this article, the following terms shall have the
meanings indicated:
COFFEE TRUCK
A licensed, motorized vehicle equipped with facilities for
brewing coffee and selling refreshments, which is temporarily stored
on a premises where coffee and refreshments are sold to the general
public.
FOOD TRUCK
A licensed, motorized vehicle or mobile food unit equipped
with facilities for cooking and selling food, which is temporarily
stored on a premises where food items are sold to the general public,
also known as "mobile food preparation vehicle."
ICE CREAM TRUCK
A licensed, motorized vehicle which is used for the mobile
sale of ice cream or similar refreshments as a primary product along
the public streets.
Licenses shall be good for a period of one year. To procure a license required under §
215-33, or any renewal thereof, a verified application shall be made to the Department of Public Safety setting forth the following information:
A. The name and residence of the applicant. If the applicant is a corporation,
partnership or other business entity, the applicant shall also provide
the name and address thereof and the names and residence addresses
for all principals, officers, directors, partners, and members.
B. The residence and business addresses of the applicant during the
past five years. If the applicant is a corporation, partnership or
other business entity, the applicant shall also provide the business
and residence addresses for all principals, officers, directors, partners,
and members.
C. The applicant's business(es) for the past five years. If the
applicant is a corporation, partnership or other business entity,
the applicant shall also provide the business(es) for all principals,
officers, directors, partners, and members for the past five years.
D. If employed by the owner of a licensed vehicle, the name and address
of such employer, together with credentials establishing the exact
relationship.
E. If for a vehicle license, a description of the vehicle, together
with the license number or other means of identification, including
a copy of the vehicle registration and insurance card.
F. The applicant shall provide a New York State sales tax number.
G. The applicant shall provide individual photographs (three of each
principal, each two inches by two inches).
H. The applicant shall provide a record of prior conviction(s) of any
crime for which the applicant plead or was found guilty. If the applicant
is a corporation, partnership, or other business entity, it shall
also provide a record of any prior conviction(s) of any crime for
which it plead or was found guilty.
I. The applicant shall furnish the Department of Public Safety with
a full set of the applicant's fingerprints, together with a fee
of $140 annually, which shall include the cost for a complete criminal
background and investigation through the Division of Criminal Justice
Service.
J. The applicant shall provide a list of any and all pending lawsuits
to which it is a party and an explanation of each pending lawsuit,
including any civil, criminal or administrative proceeding.
K. The applicant shall provide any other information or documentation
required by the Town Clerk and/or Department of Public Safety for
the purpose of implementing the intent of this article.
Any person, firm, association or corporation violating any of
the provisions of any ordinances of the Town of Smithtown shall be
guilty of an offense punishable by fine or imprisonment, or both;
however, for the purpose of confirming jurisdiction upon courts and
judicial officers, such violations shall be deemed to be misdemeanors,
and for such purposes only all provisions of law relating to misdemeanors
shall apply to such violations. Notwithstanding the foregoing, any
person, firm, association or corporation violating any provisions
of any ordinance of the Town of Smithtown shall be subject to a penalty
in a minimum sum of $750 for the first such violation, $1,500 for
the second such violation, and $2,500 for any subsequent violation,
said penalties to be recoverable in a civil action in the name of
the Town of Smithtown as damages.