[HISTORY: Adopted by the Board of Trustees of the Village of Monticello 1-5-1976 by L.L. No. 1-1976 (Ch. 90 of the 1976 Code); amended in its entirety 5-3-1993 by L.L. No. 6-1993. Subsequent amendments noted where applicable.]
It shall unlawful for any person, firm, copartnership or corporation to keep, display, place, sell and/or offer for sale any food products, fruits, vegetables or produce of any kind outside of any buildings within the Village of Monticello, New York, except as otherwise provided hereinafter.
This chapter is entitled "A Local Law Providing for the Outdoor Sale of Fresh Fruits and Vegetables in the Village of Monticello, New York."
Subject to the provisions of Chapter 280, Zoning, of the Code of the Village of Monticello, no person, firm or corporation shall conduct an outdoor shop, stand or market in the Village of Monticello for the sale of fresh fruit and/or vegetables without a license issued by the Village Manager as hereinafter provided.
A license provided in this chapter can only be granted to an applicant for the outdoor sale of said fruits or vegetables in conjunction with or appurtenant to an existing:
Year-round fruit and vegetable business conducted in the Village of Monticello in a building having sufficient sanitation and toilet facilities, protection from the elements, adequate ventilation and capable of being kept and maintained in a clean and sanitary condition; or
Seasonal fruit and vegetable business having been conducted in the Village of Monticello for a least two summers, in a building having sufficient sanitation and toilet facilities, protection from the elements, adequate ventilation and capable of being kept and maintained in a clean and sanitary condition.
The fee for such license shall be as provided in Chapter A290, Fees, and such license shall expire on December 31 of each year. Said fee shall accompany the application for such license, which shall be in writing and be made to the Village Manager who shall have the discretionary power to grant or deny said application. If said Village Manager denies the application, he shall return to the applicant the license fee advanced with said application.
The Village Manager may at any time revoke for cause any license hereunder.
Any person, firm or corporation who or which desires to continue to operate or conduct or to conduct and operate an outdoor sale of fresh fruits and/or vegetables in the Village of Monticello shall make application to the Village Manager, setting forth the following information:
The location or proposed location, including the area of premises to be used for the purpose described in the application.
How many feet of said premises, measured along the street line of any or each adjacent street, are to be actually used for the display of goods.
Whether stock is to be sold from containers or not, and whether said containers have been approved by the Sealer of Weights and Measures of the County of Sullivan.
Whether any of such stock of fresh fruits and/or vegetables is to be placed in contact with the ground or upon stands.
How far goods are to be placed from the adjacent sidewalk or road bounds if there are no sidewalks.
How many employees, if any, are or will be employed by the applicant.
Whether any fresh fruits or vegetables displayed for sale are to be left uncovered or unprotected against handling or from animals straying in or upon the premises.
Any other information required by the Village Manager.
The applicant shall simultaneously file a copy of said application with the New York State Department of Health for its action upon the application, if any, and provide the Village Manager with proof of such filing.
Every person, firm or corporation operating any premises in said Village under a license as herein provided shall keep and maintain said premises in a clean and sanitary condition and shall not permit or allow any diseased, rotten or decayed fruits, vegetables or substance to be offered for sale or to remain upon said premises.
Toilet and washing facilities and dressing rooms shall be furnished upon said premises for persons employed by said licensee to work on the premises, in accordance with the health and labor laws of the State of New York.
Facilities for cleaning and washing fresh fruits and vegetables, including running water furnished by proper connection made with a Village water main, shall at all times be provided upon any premises where any outdoor shop, stand or market is to be operated under a license as herein required.
Such food products, fruits, vegetables and/or produce shall be kept, sold and displayed for sale only in a building having sufficient sanitation and toilet facilities, protection from the elements, adequate ventilation and capable of being kept and maintained in a clean and sanitary condition.