[Adopted 6-28-2022, effective 6-28-2022]
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.
A. 
It shall be unlawful for any person to operate a mobile business within the public rights-of-way or on public property within the City of Buffalo without first having obtained a valid mobile business license as prescribed in this article. Operation of a mobile business on private property shall continue to be regulated and prohibited in accordance with all applicable provisions of the City Code whether contracted for between owner and operator of the mobile business.
B. 
There shall be no mobile business operating within the Special Downtown District under § 316-47 without first obtaining a special license as prescribed by this chapter.
C. 
It shall be unlawful for a mobile business vendor to park, stand, or operate in a location which is adjacent to or within a 100-foot radius of the nearest edge of any building or section of a building comprising a retail business establishment, excluding any patio, awning or temporary enclosure attached thereto. This requirement is waivable if the application is submitted together with the written consent of the proprietor of the business within 100 feet of the intended temporary location of the mobile business.
D. 
Each and every mobile business must at all times carry on the vehicle a "measuring wheel" with a measuring capacity of no less than 500 feet as a condition of its licensure. The failure of any mobile business to carry such a "measuring wheel" or abide by the proximity distance restrictions included in this article shall constitute a violation of this article pursuant to this Code.
E. 
All mobile business vendors must abide by all Vehicle and Traffic Laws, specific to parking and all other applicable state and local ordinances, rules and regulations at all times, except that a mobile business that is of such a length that it occupies all or a portion of two vehicle parking spaces may park in said spaces so long as it abides by all other parking restrictions, including any two-hour-maximum durational requirements in force and effect at that time and location.
F. 
It shall be unlawful for any mobile business to operate within 100 feet and on the same block face of a retail outlet offering the same or similar commodity.
G. 
All licensed mobile business must permanently be affixed to the mobile business appropriate signage specific to the mobile business operations. No accessory signage shall be placed outside or around any mobile business vending location.
A. 
Any person desiring to operate a mobile business within City boundaries shall obtain a mobile business license from the City of Buffalo and pay the related fees pursuant to the Department of Permit and Inspection Services, Office of Licenses. The application for such license shall be on forms provided by the Commissioner of Permit and Inspection Services, and shall include the following:
(1) 
Name, signature and address of each applicant and each corporate officer of the mobile business vending or corporation.
(2) 
A valid copy of all necessary licenses, permits or certificates required by the County of Erie, the State of New York or any subsidiary enforcement agencies or departments thereof, including, but not limited to, a valid New York State Department of Motor Vehicles registration and certificate of inspection and valid driver's licenses of all vehicle operators.
(3) 
All license applicants shall submit to a Buffalo Police Department background check into the moral character of the applicant. An application may be denied by the Commissioner of Permit and Inspection Services or his designee if, in his or her discretion, prior activities of the applicant demonstrates that he or she is not a suitable licensee.
(4) 
All license applicants and applicants for renewals thereof shall present each vehicle to the Department of Fire to determine that the vehicle meets all applicable New York State Fire Codes.
(5) 
All initial licenses shall be subject to approval or disapproval by the Common Council of the City of Buffalo before the business may operate within the City's right-of-way. Incomplete applications or applications submitted without the required fee will be denied outright by the Department of Permits and Inspection. All determination to approve or disapprove by the Council should consider the type of goods and services offered and provide reasons for its decision.
(6) 
For mobile businesses operating from a permanent location each day during set hours, a tax assessor's map and tax lot numbers for the site(s) proposed shall be a part of the application. Additionally, written permission from the owner, leasing agent, or person in charge of the property at which the business will operate must accompany that application as well.
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.
A. 
All vendors shall pay an initial application fee of $1,000, which fee shall include the first year's license fee.
B. 
All vendors holding a license that has not been revoked or lapse shall pay an annual renewal fee of $500.
C. 
Any mobile business license not in use for 12 consecutive months shall be deemed abandoned and require a new application.
A. 
The owner/operator of any mobile business licensed by the City of Buffalo shall comply with all provisions of federal, state and local laws and ordinances.
B. 
The owner/operator of any mobile business licensed by the City of Buffalo shall comply with all notices, orders, decisions and rules and regulations made by the Department of Permit and Inspection Services, Buffalo Police Department or any other City of Buffalo department and/or agency.
C. 
Any person, firm, corporation or other entity violating the provisions of this article may be liable for penalties as prescribed below and elsewhere in this Code and may be subject to immediate closure or temporary suspension by the Buffalo Police Department and/or the Department of Permit and Inspection Services, pending an administrative hearing, which will be scheduled within 60 days of said immediate closure. The licensee shall have the right to operate in accordance with this article between the time of the alleged violation and the hearing and the final determination regarding the same.
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.
A. 
At no time shall a mobile business or its equipment block the flow of traffic in a public right-of-way, a corner, or a fire hydrant.
B. 
Any form of electricity used for operation must be of a type which can be quickly disconnected and must comply with all applicable laws, including City of Buffalo Fire code under Chapter 103 and § 103-16 of the code.
C. 
No water, sanitary sewer, or storm drainage connections are allowed between a mobile business and any utility systems.
D. 
No equipment, parking, and customer seating areas associated with a mobile business shall be located on any unimproved surface areas.
E. 
At no time should a mobile business establish a permanent location and structure while maintain a mobile business license for the same business.
F. 
No mobile businesses shall operate outside of the following hours:
(1) 
8:00 a.m. to 10:00 p.m. in commercial or industrial zones except no mobile business shall be allowed to operate beyond 8:00 p.m. in a residential zone.
G. 
All temporary buildings, equipment, furniture, wastebaskets, and other standalone items must be placed in the immediate vicinity of the mobile business and must be removed from the site upon cessation of business operations on a daily basis.