[HISTORY: Adopted by the Board of Trustees of the Village of Carthage 5-15-2023 by L.L. No. 2-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 89, Hawkers, Peddlers and Solicitors, adopted 2-6-1967 as Ch. 30 of the 1967 Code of the Village of Carthage, as amended.
The purpose of this chapter is to regulate food trucks, hawkers, peddlers, and solicitors within the Village of Carthage in a manner that protects the public health, safety and welfare. This chapter describes the permitting procedures for food trucks and is intended to operate in conjunction with the regulations of Chapter 146, entitled "Zoning," and Chapter 50, entitled "Building Construction and Fire Prevention." For purposes of this chapter, "food truck" is inclusive of the term "mobile food preparation vehicles" as defined in Chapter 50.
The following terms shall, for the purposes of this chapter, have the meanings herein indicated:
FOOD CART
A mobile food service cart or stand, which is only mobile when moved by human power, from which food and beverage (prepackaged or prepared and served from the vehicle or stand) are sold or distributed in individual portions to the general public directly from the food cart for consumption.
FOOD TRUCK
A mobile food service operation located in a licensed motorized vehicle or a movable trailer and from which food and beverage (prepackaged or prepared and served from the vehicle or stand) are sold or distributed in individual portions to the general public directly from the food truck for consumption on or off of the premises.
FOOD TRUCK OPERATOR
The registered owner of a food truck or food cart or the owner's agent or employee.
HAWKER/PEDDLER
Except as hereinafter expressly provided and except for food truck operators, any person, either principal or agent, who, from any boat, or car on a railroad track, or in any public street or public place, or by going from house to house or place of business to place of business, on foot or on or from any animal or vehicle, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise.
SOLICITOR
Any person who goes from place to place or house to house or who stands in any street or public place taking or offering to take orders for goods, wares, merchandise, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
A. 
It shall be unlawful for any person or entity to operate a food truck or food cart within the Village without having obtained a permit for such purpose in accordance with the provisions of this chapter.
B. 
Any person or entity desiring to operate a food truck or food cart shall make a written application for a food truck permit to the Village Clerk. The application for a permit shall be made on forms provided by the Village and shall include the information required by this chapter and the following:
(1) 
Name, signature, telephone number, home address and business address of the food truck operator and the registered owner of the food truck or food cart.
(2) 
A description and photograph of the food truck or food cart, including the license plate, registration number, VIN number, year, make, length, and model of the vehicle.
(3) 
A copy of the valid Jefferson County Health Department permit for a mobile food service operation. If applicable, a copy of a license from the New York State Liquor Authority.
(4) 
A valid certificate of authority, if required, for a mobile food service operation.
(5) 
Valid proof of insurance, which must be kept continuously in force during the term of the permit.
(6) 
If an individual or food truck operator has a secondary food truck or food cart, each individual food truck or food cart must obtain a food truck permit.
A. 
It shall be unlawful for any person or entity to operate as a hawker, peddler, or solicitor within the Village without having obtained a permit for such purpose in accordance with the provisions of this chapter.
B. 
The Clerk shall not grant such permit unless he is satisfied that the person applying for the same is a proper person to conduct such business.
C. 
Such permit may be granted after written application therefor filed with the Village Clerk specifying the name, age and address of the applicant, firm or corporation he represents, the length of time the applicant desires the permit, the kind of goods, wares and merchandise he desires to sell, the method of disposition and such other information and proof, including satisfactory proof of good character, as may be required by the Clerk; that said application shall be also submitted to the Chief of Police of the Village of Carthage and shall be approved by him prior to issuance.
D. 
Permit fees shall be set in accordance with § 89-7 of this chapter.
A. 
Food trucks and food carts are permitted to operate in all zoning districts.
B. 
Food trucks and food carts shall not operate within any other zoning district, unless permitted by the Village Board.
C. 
A copy of all valid permits must be conspicuously displayed on the food truck or food cart at all times.
D. 
All food trucks must abide by all parking and vehicle and traffic laws, ordinances, rules and regulations at all times, including but not limited to any durational requirements in force and effect at that time and location. Food trucks shall not park on sidewalks, driveways or walkways and may only park where motor vehicles may operate.
E. 
Food carts may operate on sidewalks or walkways but must ensure that pedestrian access is not impeded. When located on a sidewalk or walkway, food carts must ensure that pedestrians have at least a sixty-inch unobstructed path on the sidewalk or walkway.
F. 
No food truck or food cart shall operate in a location that has the effect of obstructing access to or egress from any structure or the free flow of vehicular and pedestrian traffic.
G. 
No food truck operator shall chain, connect or otherwise attach any signs, goods, merchandise, chairs, stools or food cart or other equipment to any tree, parking meter, hydrant, sign or post, light pole, telephone pole or other street appurtenance or leave any such items unattended on a public street, sidewalk or place.
H. 
All food trucks and food carts must be equipped with trash receptacles of a sufficient capacity and shall be changed as necessary to prevent overflow or the creation of litter or debris.
I. 
No alcohol may be sold or dispensed from food trucks or food carts without a license from the New York State Liquor Authority for the specific location of the sale or dispensation. Any food truck operator selling or dispensing alcohol from a food truck or food cart must provide a copy of the permit from the New York State Liquor Authority to the Village Clerk and also must conspicuously display said permit on the food truck or food cart. Sale or dispensing of alcohol must still comply with other applicable local laws and regulations, such as those contained in Chapter 31 of the Village Code.
J. 
Food trucks and food carts shall be located a minimum of 100 feet from the main entrance to any eating establishment, and any other permitted food service business, during their posted hours of operation.
K. 
Hours of operation of food trucks and food carts shall be limited to the hours of 7:00 a.m. through 9:00 p.m., Sunday through Thursday, and 7:00 a.m. to 12:00 midnight on official holidays and Friday and Saturday. There shall be no overnight parking of food trucks at any permitted location.
L. 
The food truck operator or their designee must be present at all times during the hours of operation.
M. 
The food truck operator is responsible for the proper disposal of waste and trash associated with their operation. Operators shall remove all waste and trash from their site location at the end of each day or as needed to maintain the health and safety of the public. The operator shall keep all areas within five feet of the truck or cart clean of grease, trash, paper, cups or cans associated with the vending operation. No liquid waste of grease is to be disposed in or on storm drains, tree lawns, sidewalks, streets, or other public space.
N. 
Tents are prohibited. Awnings are only permitted if they are attached to the food truck or food cart and do not interfere with pedestrian or vehicular traffic.
O. 
A food truck operator may obtain an annual, seasonal, monthly, or one-day permit. Annual permits shall be issued on a calendar year running from January 1 to December 31. Annual permit fees shall not be prorated. Seasonal permits shall be issued for any consecutive six-month period, but shall expire automatically at the end of every calendar year. Monthly permits commence on the first day of any month and expire at the end of every calendar month. Any permit shall not be transferable from person to person. Any permit is valid only for the food truck or food cart for which it was issued.
P. 
The food truck operator shall comply with all notices, orders, decisions and rules and regulations made by the Village Code and Building Inspector, the Jefferson County Health Department, the Village of Carthage Police Department, or any other Village department and/or agency.
Q. 
Food trucks shall be licensed as a motor vehicle and able to be operated on the public streets of New York State.
R. 
Signage. All food trucks and food carts shall be permitted a single freestanding sign not greater than eight square feet in size, in addition to the following:
(1) 
There shall be no limit on the size or number of signs painted on the truck or cart.
(2) 
Signs affixed to the truck or cart shall not be mounted perpendicular to the truck or cart and shall not protrude beyond the edges of the truck or cart.
(3) 
Any signage, including the single freestanding sign, may not be located or positioned so as to impede, block or impair pedestrian walkways or handicapped accessibility.
S. 
The Village does not provide water, sewer, trash removal, or electric service to mobile food service operations.
T. 
Food truck operators are not permitted to sell confectionery or ice cream within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
A. 
Hawkers, peddlers, and solicitors are permitted to operate in all zoning districts.
B. 
A permitted hawker, peddler or solicitor shall not stand or permit the vehicle used by him to stand in one place at any public place or street for more than 10 minutes or in front of any premises for any time if the owner of or the lessee of the ground floor objects.
All food truck operators shall pay a food truck permit fee (applies to both food trucks and food carts, as well as special event private-use food truck permits) in an amount or amounts set from time to time by the Village Board. Likewise, hawkers, solicitors, and peddlers shall pay a permit fee in an amount to be set from time to time by the Village Board. Furthermore, the Village Board may require, as a precondition to the issuance of any permit, the provision of a bond by a duly authorized bonding company for any hawker, peddler, or solicitor conditioned for the satisfactory performance of his duties to all persons to whom he shall consign goods for sale and to all persons who shall purchase goods from said applicant. Permits include annual, seasonal, monthly, or one-day permits.
A. 
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court; to farmers and truck gardeners, who themselves or through their employees vend, sell or dispose of products of their own farms and gardens; or to berry pickers who sell berries of their own picking.
B. 
Residents or businesses may request that food trucks cater special events on private property at their place of residence or business, as the case may be, within any zoning district by means of a special event private-use food truck permit. Such request for a special event private-use food truck permit shall be made to the Village Clerk for a period not exceeding one day, and not more than two events per year. In such cases, sales shall be limited to event attendees only (not to the general public).
C. 
No permit shall be required for food carts operating on private property not selling to the general public.
D. 
The Village Board may also grant exemptions from parts of this chapter for Village-sponsored special events or other occasions.
A. 
Any food truck operator, hawker, peddler, or solicitor who violates any provision of this chapter shall be guilty of an offense and upon conviction thereof shall be subject to a fine of not less than $250 nor more than $500 for each violation, or by imprisonment not exceeding 15 days, or both such fine and imprisonment.
B. 
Conviction of two violations of any provision of this chapter shall result in the immediate revocation of the permit, which if occurs will not result in any refund for a permit fee. If the permit is revoked, the food truck operator, hawker, peddler, or solicitor will not be allowed to apply for another permit until the following calendar year.
C. 
The food truck operator, hawker, peddler, or solicitor may be required to relocate their vehicle, food truck, or food cart, or any of their appurtenances, if a Village police officer or other code enforcement officer determines that the food truck or food cart operations are causing parking or traffic congestion, pedestrian impediments, or litter problems either on or off the property where the use is located or that such use is otherwise creating a danger to the public health or safety.