As used in this article, the following terms shall have the
meanings indicated:
MOBILE BUSINESS VENDING (MBV)
A.
A commercially manufactured motorized cart or business operated
by one who is not required to hold a professional license issued by
the State of New York.
B.
Mobile businesses shall provide goods or services that do not
require operation out of a permanent structure and should not require
the owner to have a set location or address. Mobile businesses may
periodically stop outside of the flow of traffic on an as-needed basis
to respond to immediate demand for goods or services.
C.
"Mobile Businesses" shall not include "Mobile Business Vehicle Vendor or Mobile Food Vehicle" as defined in §
316-51 of City of Buffalo Code.
D.
Certain mobile businesses may be located on a single property
throughout the day or may move from one approved property to another
for fixed periods during the day.
E.
"Vending" means selling or attempting to sell any commodity
or thing of value from a vehicle, shed, structure, or shelter, whether
enclosed or unenclosed.
Every mobile business vending license shall contain the following
conditions:
A. A written description of goods to be sold, hours of operation, number
of employees, and any appurtenances to the business that will be located
on the site(s).
B. Each mobile business vehicle vending license shall expire on April
1 of every year.
C. No business vending license shall be transferable from person to
person.
D. The license is valid for one vehicle only and a mobile business operator
must retain and be able to immediately provide upon request any other
required approvals or permits from the City Fire Department and County
Department of Health and Human Services if applicable.
E. There shall be issued to each vendor a suitable decal that shall
be permanently and prominently affixed to the vehicle while in service.
Violations of this article, the following fine schedule shall
apply:
A. First offense: fine of $350 after a credible finding of wrongdoing
before the City of Buffalo's Bureau of Administrative Adjudication
or Department of Permits and Inspection, whichever agency is most
appropriate.
B. Second offense: fine of $500 after a credible finding of wrongdoing
before the City of Buffalo's Bureau of Administrative Adjudication
or Department of Permits and Inspection, whichever agency is most
appropriate.
C. Third offense: license revocation after a finding or plea of guilty
before the City of Buffalo's Bureau of Administrative Adjudication
or Department of Permits and Inspection, whichever agency is most
appropriate.
Any mobile business vending goods and services within the City's
right-of-way without the required City of Buffalo license shall be
immediately closed by order of the Buffalo Police Department or the
Department of Permit and Inspection Services. Every day of operation
without a license shall constitute a separate violation however, total
fine shall not exceed $2,500 per violation.