[HISTORY: Adopted by the Town Board of the Town of Tuxedo
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-11-1978 by L.L. No. 5-1978]
No person, firm or corporation shall hawk, peddle
or solicit sales or orders for the sale of any goods, wares or merchandise
within the limits of the Town of Tuxedo without having first obtained
a license therefor, as hereinafter provided.
A.
Application for such license shall be made to the
Town Clerk who, upon payment of the fee as hereinafter provided, shall
submit the same to the Town Board of the Town of Tuxedo, which Board
may issue such license to such person, firm or corporation as it shall
deem fit and proper to engage in such trade or occupation.
B.
Each and every person engaged in the activity of hawking,
peddling or soliciting, whether employed by himself or others, shall
apply for and receive a license, as herein provided, prior to engaging
in such activity.
C.
The application for a license issued pursuant to this
article shall include the following information:
D.
In addition to the information required in Subsection C above, applications shall be accompanied by the following:
(1)
Recent photograph of the application of a size no
smaller than two by two (2 x 2) inches.
(2)
In the case of a solicitor taking orders for future
delivery, a bond in the amount of $2,000 shall be submitted, conditioned
upon the faithful fulfillment of any such agreement and available
to any aggrieved resident of the Town.
A.
The application may be referred by the Town Board
to the Chief of Police for an investigation, if deemed necessary,
and for fingerprinting of the applicant.
B.
Every license granted by the Town Board shall be signed
by the Town Clerk, who shall keep a record thereof and of the amount
of the fee to be paid therefor.
[Amended 10-10-1979 by L.L. No. 8-1979]
The fee for the issuance of such license shall
be as provided in the Standard Schedule of Fees of the Town of Tuxedo.[1]
All licenses granted under this article shall
expire on the January 1 following the date of issuance, unless such
license shall specifically provide for an earlier date of expiration.
Every licensee, while exercising his license, shall carry the same
with him and shall exhibit the same upon demand.
The Town Clerk shall keep a record of all applications
and licenses issued under this article, including the date of such
license, the name and address of the person to whom the same was issued,
the nature of the trade permitted by such license and the amount of
the license fee paid.
[Amended 7-31-1985 by L.L. No. 4-1985]
No person, firm or corporation who whom a license
is issued, as provided for in this article, shall hawk, peddle or
solicit sales or orders for the sale of any goods, wares or merchandise
within the limits of the Town of Tuxedo other than between the hours
of 9:00 a.m. and 6:00 p.m. each day.
[Amended 7-31-1985 by L.L. No. 4-1985]
No license issued hereunder shall be deemed
to authorize or permit the holder thereof to stand and sell or solicit
sales or orders for the sale of goods, wares and merchandise at any
one place continuously for more than 30 minutes. This is not applicable
to a vehicle(s) used by the vendor.
No license issued hereunder shall be deemed
to authorize the holder thereof to hawk, peddle or solicit sales or
orders for sales of any goods, wares or merchandise with or from more
than one conveyance, and a separate licensing fee shall be charged
for each additional conveyance.
This article shall not prohibit hawking or peddling
by an honorably discharged member of the armed forces of the United
States who is crippled as a result of injuries received while in said
armed forces as provided in Article 4 of the General Business Law,
nor shall it apply to the peddling of meats, fish, fruit and farm
produce by farmers and persons who produce such commodities.
A.
The issuance of any license may be denied by the Town
Board or a license may be revoked by the Town Board for any of the
following reasons:
(1)
Fraud, misrepresentation or false statement in the
application for the license or in the conduct of the licensee's business.
(2)
Violation or noncompliance with this article or any
other applicable ordinance, law or regulation.
(3)
Conviction of a crime involving moral turpitude or
conduct of business in a manner constituting a breach of peace or
a menace to the health, safety or general welfare of the public as
determined within the discretion of the Town Board.
B.
Notification of such denial or revocation shall be
in writing.
This article shall not apply to any recognized
civic, religious or political group or organization having an office
in the Town of Tuxedo and engaged in occasional fund-raising activities
as determined within the discretion of the Town Board.
A license under this article can be issued upon
the written approval of any three members of the Town Board and need
not be issued at a regular Town Board meeting.
[Amended 10-10-1979 by L.L. No. 7-1979; 4-14-1993 by L.L. No. 3-1993]
Any person committing an offense against any
provision of this article shall, upon conviction, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine of not less than $250 and not exceeding $3,000 or by imprisonment
for not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense shall constitute, for each day the
offense is continued, a separate and distinct violation.
[Adopted 10-24-2022 by L.L. No. 7-2022[1]]
[1]
Editor's Note: This local law also changed the chapter title
from "Peddling and Soliciting" to "Food Trucks, Peddling and Soliciting."
The purpose of this article is to regulate food trucks within the Town of Tuxedo in a manner that protects the public health, safety, and welfare. This article describes the permitting procedures for food trucks and is intended to operate in conjunction with the regulations of Chapter 98 entitled "Zoning."
The following terms shall, for the purposes of this article,
have the meanings herein indicated:
A mobile food service operation located in a licensed motorized
vehicle or a movable cart, stand, or trailer and from which food and
beverages (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.
The registered owner of a food truck or the owner's
agent or employee.
A.
It shall be unlawful for any person or entity to operate a food truck
within the Town of Tuxedo without having obtained a permit for such
purpose in accordance with the provisions of this article.
B.
Any person or entity desiring to operate a food truck shall make
a written application for a food truck permit to the Town of Tuxedo
Code Enforcement Officer. The application for a permit shall be made
on forms provided by the Town of Tuxedo and shall include the information
required by this article and the following:
(1)
Name, signature, telephone number, email address, home address, and
business address of the food truck operator and of the registered
owner of the food truck.
(2)
A description and photograph of the food truck, including the license
plate and registration number, VIN number, year, make, and model of
the vehicle, and dimensions (length and width).
(3)
A valid copy of the Orange County Health Department permits for a
mobile food service operation.
(4)
Address of the private property the food truck will be located on
and name of the property owner.
(5)
Owner consent form from the property owner authorizing the location
of the food truck on the property.
(6)
A sketch plan including details sufficient to demonstrate compliance
with this article.
(7)
Required application fee in accordance with the fee schedule established
by the Town Board.
C.
The Code Enforcement Officer shall approve and issue a food truck
permit if:
E.
A permit is effective upon approval by the Code Enforcement Officer.
F.
A food truck permit is not transferable.
G.
The Code Enforcement Officer shall administer this article and be
authorized to issue appearance tickets for any violations of this
article.
A.
Food trucks permitted under this article shall only be located on
private property. Nothing in this article shall be deemed to authorize
the sale or distribution of food from a food truck on public property
or in the public right- of-way absent explicit approval of the Town
Board.
B.
Food trucks shall only be permitted in the nonresidential zoning districts established in Chapter 98 of the Town Code.
C.
Food trucks may only be sited on the property at the location designated
on the permit.
D.
Food trucks shall meet the minimum side and rear yard setback requirements
for a principal structure in the zoning district in which they are
located and shall have a minimum front yard setback of five feet.
E.
Food trucks shall be located a minimum of five feet from the edge
of any driveway, utility box and vault, handicapped ramp, building
entrance, exit or emergency access/exit way or emergency call box.
F.
Food trucks shall be located a minimum of 150 feet from the main
entrance to any restaurant on adjacent properties, 150 feet from any
outdoor dining area associated with any restaurant on adjacent properties,
and 50 feet from any food truck on another property, as measured from
the designated location on the lot accommodating the food truck.
G.
Food trucks must be sited in a location that does not obstruct or
interfere with the free flow of pedestrian or vehicular traffic, does
not restrict visibility at any driveway or intersection, and does
not unreasonably interfere with the activities of other businesses
or otherwise interfere with other lawful activities or violate any
statutes, ordinances, or other laws.
A.
A food truck or trucks may only be located on a lot of at least 1/2
acre in size.
B.
A maximum of three food trucks shall be permitted per lot at any
one time.
C.
The maximum number of permits that may be issued and outstanding
for any lot per year shall be one seasonal permit and three daily
permits.
D.
The maximum size of a food truck shall be 256 square feet, measured
from the exterior faces of the food truck.
A.
Food truck operators shall maintain a valid Orange County Health
Department permit and shall operate the food truck in conformance
with all applicable health standards.
B.
The following shall be conspicuously posted in public view on the
food truck at all times: The Orange County Health Department permit;
the Town of Tuxedo food truck permit; and a notice in at least two-inch
font stating: "To report a violation, call the Town of Tuxedo Code
Enforcement Officer at 845-351-4411 ext. 6."
C.
Food truck operators must demonstrate that a minimum of four parking
spaces are available on the lot (or on an immediately adjacent lot
with owner permission) to serve the food truck and that such spaces
are not otherwise reserved, encumbered, or designated to satisfy the
off-street parking requirement of another business or activity that
is operating on the lot at the same time as the food truck.
D.
Food trucks must have adequate ingress and egress from the property
to prevent traffic congestion and safety hazards. Existing and/or
proposed curb cuts intended to serve the food truck shall meet the
minimum sight distance requirements of the Town of Tuxedo highway
specifications.
E.
Signage. All food trucks shall be permitted a single freestanding
sign not greater than eight square feet in size, in addition to the
following:
F.
The operation of food trucks shall be limited to the hours of 7:00
a.m. to 10:00 p.m.
G.
The food truck operator or his/her designee must be present at all
times during the hours of operation except in cases of emergency.
H.
Food truck operators shall provide trash and recycling receptacles
within 10 feet of their food truck. A food truck operator is responsible
for the proper disposal of waste and trash associated with the operation
of the food truck. Operators shall remove all waste and trash from
their approved location at the end of each day or more frequently
as needed to maintain the health and safety of the public. The food
truck operator shall keep all areas and any associated seating areas
clean of grease, trash, paper, cups, or cans associated with the operation.
No liquid waste or grease shall be disposed in or on streams, wetlands,
storm drains, lawns, sidewalks, streets, or other public space or
in sanitary sewers or septic tanks not equipped with a grease trap.
I.
Outdoor seating shall be permitted as long as it is sited consistent with the provisions for food trucks in § 72-18.
J.
With the exception of allowable outdoor seating areas and trash receptacles,
all equipment required for the operation of a food truck shall be
contained within, attached to, or located within three feet of the
food truck.
K.
No food shall be prepared, sold, or displayed at the food truck site
outside of the food truck.
L.
No lighting is permitted except for lighting that is used within
the food truck for the purpose of inside food preparation. Such lighting
shall be turned off after hours.
M.
Tents are prohibited. Awnings are only permitted if they are attached
to the food truck. Umbrellas are only permitted if they are attached
to a picnic table.
N.
Amplified sound or loudspeakers are prohibited, and the food truck operation shall comply with the noise limits in Chapter 68 of the Town Code.
O.
Food trucks shall be consistent with the general performance standards of § 98-42 of the Zoning Law and shall not cause objectionable odors or smoke at any lot line.
P.
Food trucks and associated outdoor seating, if any, shall be removed
from all permitted locations upon expiration of the permit.
A.
Special event, private residence. Residents may request that food trucks cater special events on private property at their place of residence within any zoning district. Such request for a special event private use food truck permit shall be made to the Code Enforcement Officer for a period not exceeding one day, and not more than two events per year, and subject to the requirements of this article except for §§ 72-18B and 72-20N. In such cases, sales shall be limited to event attendees only (not to the general public).
B.
Special permit procedure, public property. The Town Board may, from
time to time, by resolution, establish procedures for issuance of
a permit to locate a food truck on certain public property, and such
permits, if authorized by the Town in its discretion, shall not be
subject to the requirements of this article except other than within
a parcel owned by the Town or an adjacent right-of-way area, they
shall be sited within permitted zoning districts, and as may be provided
in such resolution.
C.
Special event, public. The Town Board may, by resolution, authorize
a not-for-profit organization or public entity to obtain a daily permit
in any zoning district for a designated date, time and location approved
by the Town Board for the purpose of special events or public festivals.
The Town Board may, by resolution, authorize a daily permit in any
zoning district in conjunction with a permit for parades, processions
and block parties or large assemblies.
A.
Any of the following shall constitute a violation of this article:
(1)
Failure to properly obtain and/or properly display a valid food truck
permit shall be considered a violation of this article.
(2)
Fraud or misrepresentation contained in the permit application.
(3)
Fraud or misrepresentation made in the course of operating the business.
(4)
Conduct that creates a public nuisance, or otherwise constitutes
a danger to the public health, safety, welfare, or morals.
(5)
Failure to comply with the provisions of this article.
A.
The Code Enforcement Officer may issue a notice of intent to suspend
or revoke a food truck permit for any violation. The notice of intent
to suspend or revoke shall describe the violation and require the
permit holder to immediately correct the violation or cause the violation
to be corrected.
B.
The notice of intent shall be provided to the permit holder by personal
service, by regular mail to the address submitted with the permit
application, or by posting at the place of business of the food truck.
C.
If the permit holder fails to immediately correct the violation or
cause the violation to be corrected, the Code Enforcement Officer
shall suspend or revoke the permit.
D.
A permit holder shall be entitled to request a hearing on suspension
or revocation before the Town Board, upon application made to the
Town Clerk demonstrating that the permit holder was not in violation
of the permit. Any suspension or revocation remains in effect unless
modified by the Town Board. The Town Board shall hold a hearing to
determine whether to reverse the suspension or revocation within 30
days of written request.
A.
The requirements established by this article shall be administered
and enforced by any law enforcement agency that has jurisdiction in
the Town of Tuxedo (police officers), the Town of Tuxedo Code Enforcement
Officer, Code Enforcement Official/Building Inspector and Town Attorney
or his/her designee and such other employees and/or officials authorized
by the Town Board.
B.
Pursuant to the provisions of Municipal Home Rule Law, § 10, Subdivision 4(a), and the Criminal Procedure Law, § 150.10, police officers, the Code Enforcement Officer and Code Enforcement Official/Building Inspector of the Town of Tuxedo are hereby authorized to issue and serve appearance tickets, as defined in the Criminal Procedure Law, returnable in Town Court of the Town of Tuxedo, when he or she has reasonable cause to believe a person has violated, in his or her presence, Chapter 72, Article II, of the Code of the Town of Tuxedo, entitled "Food Trucks," and to prosecute the violation in Town court.
C.
If the violation occurs on the premises of a property which is occupied
by someone other than the owner, the issuer of the appearance ticket
must also notify the owner, in writing, of the violation within five
business days of said violation. Failure to provide such notice shall
not affect the prosecution of the person or persons charged with said
violation.
A.
Violation of this article shall be deemed an offense, and any person,
firm or corporation who shall violate any provision of this article
shall, upon conviction, be subject to a penalty of not more than $250,
or imprisonment for a term not to exceed 15 days, or both. Each day's
continued violation shall constitute a separate offense.
B.
Conviction of a violation of this article shall constitute and effect
an immediate forfeiture of any license hereunder held by the person
so convicted.
C.
Without limiting any other remedy, the Town Board may also maintain
an action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with, or to restrain by injunction
the violation of, this article.
