It shall be unlawful for any person or organization who or which
has not been issued a license as a peddler under this chapter to engage
in business as a street vendor, peddler, canvasser or solicitor, selling
wares or services from or by means of a vehicle, trailer, cart, pushcart,
wagon, mobile platform, table or other means of carrying, displaying,
offering or serving same; or using public streets or sidewalks or
other public property or calling at residences without the previous
consent of the occupant or owner for the purpose of soliciting orders,
sales, subscriptions or business of any kind or seeking donations
to or alms for any church, charity or private institution whatsoever
or selling or distributing any ticket or chance whatsoever without
first having obtained a license of a peddler under this chapter; or
calling at commercial, manufacturing or industrial places of business
without the previous consent of the owner or occupant for the purpose
of seeking donations to or alms for any church, charity or private
institution or selling or distributing any ticket or chance whatsoever
without first having obtained a license as a peddler this chapter;
provided that any home solicitation by charitable or political organizations,
or other activity subject to regulation hereunder, as those activities
are defined by law and/or described herein, shall be exempt from the
provisions of this chapter so long as they shall meet all other lawful
requirements and be exempted herefrom by force or authority of superior
law, rule or regulation, including but not limited to the Constitution
of the United States and the Constitution of the State of New York.
[Amended 5-28-2020 by Ord. No. 5-2020]
A. General provisions.
(1) It shall be unlawful for any person to operate a mobile food vehicle
within the public space or public streets within the City of Newburgh
without first having obtained a valid mobile food vending license
as prescribed in this article. Operation of a mobile food vehicle
on private property shall continue to be regulated and prohibited
in accordance with all applicable provisions of the City Code.
(2) It shall be unlawful for a MFVV to park, stand, or operate in a location
which is:
(a)
Within 25 feet of a sidewalk corner;
(b)
Within 25 feet of a street intersection;
(c)
Within 25 feet of an area operating pursuant to a valid sidewalk
cafe permit;
(d)
Within 1,000 feet of the boundary line of any fair, carnival, circus, festival, special event or civic event that is licensed or sanctioned by the City, except when the vendor has obtained a permit to so operate from the City in accordance with Chapter
110 of the City of Newburgh Code of Ordinances;
(e)
Within 10 feet from other parked vehicles in the front and rear
of the MFVV;
(f)
In the Low Density, Medium Density, or High Density Residential Zones, as defined in Chapter
300 of the City of Newburgh Code of Ordinances;
(g)
Contrary to the provisions of §
223-11 of the City of Newburgh Code of Ordinances. In the event that the provisions of §
223-11 and this subsection conflict, the provisions of this subsection shall prevail.
(3) Each and every MFVV 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 MFVV to carry such a "measuring
wheel" or abide by the proximity distance restrictions included in
this article shall constitute a violation of this article.
(4) All MFVVs must abide by all parking and vehicle and traffic laws,
ordinances, rules and regulations at all times, except that a mobile
food vehicle 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 City parking requirements.
(5) No MFVVs shall attach or have attached any flashing or revolving
light or lights on a vehicle used in aid of the mobile food vendor's
business.
(6) MFVVs are prohibited from using tangible City property meant for
public use to enhance their business. Such City property includes,
but is not limited to, picnic tables and garbage cans.
(7) MFVVs are prohibited from disposing of garbage generated in the course of business operations into any garbage receptacles owned by the City, located on a City sidewalk, or in a City right-of-way, and shall comply with the provisions of §
223-14.
B. Mobile food vehicle requirements. All mobile food vehicles must comply
with the following:
(1) Make available for inspection each vehicle to the Fire Department
to determine that the vehicle meets the current standards of the New
York State Uniform Fire Prevention and Building Code.
(2) Affix side-by-side, in a conspicuous location on the mobile food vehicle where it may be readily observed by all patrons, its license for food service issued by the Orange County Department of Health and its license for operation in the City of Newburgh, as prescribed in §
223-9C.
(3) Any signage must be permanently affixed to the mobile food vehicle.
No accessory signage shall be placed outside or around the mobile
food vehicle.
(4) Be equipped with trash receptacles of a sufficient capacity that
shall be changed as necessary to prevent overflow or the creation
of litter or debris.
(5) Not exceed 10 feet in width or 40 feet in length.
(6) Have a serving window that shall be adjacent to the sidewalk when
parked.
(7) If equipped with an engine or generator, said engine or generator must operate in accordance with §
223-13.
(8) Receive inspection and approval from the Fire Department for all
fuel storage and diesel or propane generators, including those fueled
directly from a vehicle fuel tank.
(9) No more than two 100-pound propane tanks are allowed (200 pounds
aggregate).
(10)
No storage or use of LPG cylinders or tanks shall be allowed
within the vehicle at any time. Any generator or LPG storage compartments
located on the exterior of the vehicle must be enclosed, with venting
to the exterior and must not allow any venting to the interior of
the vehicle.
(11)
Have a bumper that extends beyond the compartment to provide
added impact protection if an LPG storage compartment is located on
the rear of the truck.
(12)
Be properly placarded to indicate the storage of any combustible
or flammable gases.
(13)
Comply with New York State Department of Transportation ("NYSDOT")
standards if a belly tanks is installed and/or located within the
truck body frame for additional structural protection.
(14)
Be equipped with "Class 1 Commercial" kitchen hoods and suppression
systems for any vehicle with a grill, stove, or fryolator.
(15)
Be equipped with an eight-inch noncombustible splash shield
when a grill, stove, or fryolator are adjacent to each other.
(16)
Affix a sticker in a conspicuous location that indicates a cleaning
and service of the hood and exhaust systems within the past 365 days
measured from the date of inspection.
(17)
Have all piping, interior gas appliances and commercial kitchen
hood suppression systems be professionally installed by a licensed
plumber and permitted through the City of Newburgh Plumbing Inspector.
"Flex pipe" shall be allowed from the LPG tank to a regulator, but
the regulator to the appliance must be "hard piped" by a licensed
City of Newburgh plumber.
(18)
Be equipped with a Class K extinguisher of sufficient size and
a 20 BC extinguisher installed inside the vehicle.
(19)
Be equipped with NSF/ANSI or equivalent certified hand washing
sinks, with capacity for tempered hot/cold water under pressure, and
soap and towels with splash guards.
(20)
Be equipped with NSF/ANSI or equivalent certified three-compartment
sinks with integral drain boards, and with capacity for tempered hot/cold
water under pressure.
(21)
Have interior lighting with a minimum of 35 footcandles of light
on the preparation, hand washing sink, and three-compartment sink
surfaces.
(22)
Have a fifteen-gallon fresh water supply, a water heater that
provides no less than 10 gallons per hour of 120° F. (+2°) of hot water, and a waste water tank that is
at least 15% larger than the combined capacity of fresh and hot water
tanks.
(23)
Comply with NFPA 96 standards for ventilation control and fire
protection of commercial cooking operations.
C. License required; additional application requirements.
(1) In addition to the requirements set forth in §
223-4, any person desiring to operate a mobile food vehicle shall provide the following information:
(a)
Name, address, phone number, email address, and signature of
the owner (if a natural person) of the mobile food vehicle, or the
same information for any business entity and any officer or member
of the business entity that owns the mobile food vehicle.
(b)
If the applicant is a business entity, the name and address
of its registered agent.
(c)
Names, addresses, email addresses, and phone numbers of all
individuals who will operate the mobile food vehicle, either to drive
the mobile food vehicle to a particular location, or to prepare or
sell food to the public.
(d)
A valid copy of all licenses, permits or certificates required
by the County of Orange, the State of New York or any subsidiary enforcement
agencies or departments thereof.
(e)
A valid copy of New York State Department of Motor Vehicles
registration and certificate of inspection and valid driver's
licenses of all vehicle operators.
(f)
Address used for the base of operations for all cleaning, disposal
of wastewater, and mobile food vehicle servicing operations.
(g)
A signed statement that the vendor shall hold harmless the City
and its officers and employees, and shall indemnify and hold harmless
the City and its officers and employees for any claims for damage
to property or injury to persons which may be occasioned by any activity
carried on under the terms of the license.
(2) The vendor shall furnish and maintain such public liability, food
products liability, and property insurance, as will protect the vendor
and the City from all claims for damage to property or bodily injury,
including death, which may arise from the operations under the license
or in connection therewith. Such insurance shall provide coverage
of not less than $500,000 per occurrence. The policy shall further
provide that it may not be canceled except upon 30 days' written
notice served upon the City Clerk.
(3) All license applicants shall submit to a Newburgh Police Department background check for criminal convictions that the City Council has deemed related to the proposed activity. A license application shall be denied if the Chief of Police, upon review of a criminal background check, determines that any mobile food vehicle operators, as defined in §
223-9C(1)(c) have been convicted of:
(a)
Any felony in the 10 years preceding the date of the application
for a crime involving: theft, fraud, the sale of marijuana, the sale
of controlled substances, or an alcohol-related offense; or
(b)
Any misdemeanor in the five years preceding the date of the
application for a crime involving: theft, fraud, the sale of marijuana,
the sale of controlled substances, or an alcohol-related offense;
D. Form and condition of license.
(1) Every mobile food vehicle vending license shall be subject to the
following conditions:
(a)
The license shall not be transferable.
(b)
The license shall be valid for one vehicle only.
(c)
The license shall be permanently and prominently affixed to
the vehicle, and shall be posted in a conspicuous location on the
mobile food vehicle where it may be readily observed by all patrons.
All peddlers and vendors must adhere to and comply with Chapter
212, Noise, of the Newburgh City Code.
No person, whether holding a license or not, shall sell, offer or expose for sale any foodstuffs, items or merchandise within Delano-Hitch Recreation Park or within Downing Park or upon or along any street or public place which forms a boundary of said parks or within one block of either park in any direction. This section shall not apply to operators of food stands at Delano-Hitch Recreation Park who have been granted franchises pursuant to Chapter
13, Sale or Lease of City Real Property, of this Code, or to any separate contract or agreement or special events or other permits authorized or issued by the City providing therefor.
No vendor or peddler shall employ a generator or other independent source of power while vending in the City limits, unless such generator is preapproved by the Fire Chief and/or Code Enforcement and conforms to the City Noise Ordinance, Chapter
212 of the Newburgh City Code, and does not exceed a maximum noise output of 80db, and is subject to inspection of same.
Garbage and waste materials generated in the course of business,
whether generated by the vendor or peddler or the customers thereof,
shall not be permitted to accumulate or to become a nuisance but shall
be placed in separate, secure and sanitary containers provided for
such purpose by the vendor or peddler. The garbage receptacles and
their contents shall be properly removed by the vendor or peddler
whenever necessary to prevent spillage and accumulation of trash and
at the close of each business day. Vendors and peddlers shall not
use public trash receptacles or storm or sewer lines, mains or systems
for disposal of such containers and trash, or other organic or inorganic
waste, but shall take such containers and trash away with them and
dispose of same privately and lawfully at their own expense. Vendors
and peddlers shall remain responsible for keeping the area immediately
surrounding their location of operation, within a fifteen-foot radius,
clean and free of all trash and debris at all times.
Vendors shall not sell any foodstuffs, confectionery, drink
or ice cream on the grounds of any school or on the public streets
bordering any school or within one block of any school in any direction
between the hours of 8:00 a.m. and 4:00 p.m. on days when school is
in session.
Any vendor carrying, keeping or using scales, measures or other
appliances for weighing or measuring shall first have the same inspected
by the Sealer of Weights and Measures or other municipal official
with authority over same; and, if the latter shall find such appliances
correct and true, his certificate to that effect shall be affixed
to said scales, measures or other appliances in a conspicuous place.
No vendor shall carry or use any such appliance which is not correct
and true and does not record and give the weight and quantity accurately
and as claimed by said vendor.
Vendors and peddlers are required to display all of their permits
and/or their licenses visibly and prominently on their person, or
at the location where they are operating, and produce same at the
request of any citizen or City official or officer.
Any person aggrieved by the action of the Chief of Police or
the Fire Chief or the City Clerk or the City Manager in the denial
or revocation or suspension of an application for permit or license
as provided in this chapter or in the decision with reference to the
revocation of a license as provided in this chapter shall have the
right of appeal to the Council of the City of Newburgh. Such appeal
shall be taken by filing with the Council, within 14 days after notice
of the action complained of has been mailed to such person's last
known address, a written statement setting forth fully the grounds
for the appeal. The Council shall set a time and place for a hearing
on such appeal, and notice of such hearing shall be given to the appellant,
in writing, addressed to the address provided by the applicant for
notice of hearing on denial, suspension or revocation. The decision
and order of the Council on such appeal shall be final and conclusive.
In addition to all other penalties provided under this chapter
or of any provision of the City Code or of any other law, rule or
regulation of the state or other municipality or agency with jurisdiction
over the subject, the following schedule of penalties shall apply
for each separate violation of this chapter:
Offense
(within the same calendar year)
|
Penalty Amount
|
---|
First conviction
|
$250
|
Second conviction
|
$500 and revocation of the license as provided under § 223-21
|
The holder of any license issued hereunder shall promptly report the loss, mutilation or destruction thereof, in writing, to the City Clerk, who, if satisfied as to the facts establishing or concerning same, may issue a duplicate license only to the individual to whom the original was issued. Such duplicate license shall have plainly marked upon the face thereof the word "DUPLICATE." The fee to be charged for the issuance of each duplicate license shall be as set forth in Chapter
163, Fees, of this Code.
Notwithstanding the issuance of a license pursuant to the provisions
of § 32 of the General Business Law or other laws, codes,
rules or regulations of any municipal agency or of the State of New
York, no person obtaining such a license shall be permitted to carry
on the business of a vendor or peddler upon the streets and highways
of the City of Newburgh without first obtaining a license pursuant
to this chapter.
The provisions of this chapter shall be in addition to and not
instead of the provisions of any other laws, codes, rules or regulations
of the federal, state, county or City government applicable to the
subject.
If any of the provisions of this chapter shall be held invalid,
the remainder shall remain valid and enforceable as provided by law.