[HISTORY: Derived from the Charter and Ordinances, 1974, of the City of Buffalo as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Bakers and confectioners — See Ch. 88.
Enforcement — See Ch. 137.
Food and drugs — See Ch. 193.
Grain — See Ch. 226.
Inspections — See Ch. 249.
Markets — See Ch. 275.
Peddling and soliciting — See Ch. 316.
Restaurants — See Ch. 370.
Sanitation — See Ch. 378.
Transient businesses — See Ch. 463.
[Derived from Art. IX of Ch. V of the Charter and Ordinances, 1974]
As used in this article, the following terms shall have the meanings indicated:
OUTDOOR SHOP, STAND OR MARKET
For the sale of fresh fruits and vegetables, any shop, stand or market where fresh fruits and/or vegetables are stored or displayed for sale in the open or within a temporary enclosure.
TEMPORARY ENCLOSURE
Any structure or building constructed or to be constructed of any nonfireproof or unfinished material; or which has or will have permanently installed therein no means for heating the interior in cold weather, either in whole or in part; or which has or will have no regular or permanent connection for lighting the same by means of electricity; or which has or will have no roof or a roof and an open side or sides; or which has or will have no covering of a permanent nature for openings in the same; or apart from the land upon which it is or will be located, said enclosure or building has or will have a value of not more than $1,000.
[Amended 12-9-2003, effective 12-19-2003]
A. 
Subject to the provisions of the Zoning Ordinance of said City,[1] no person, firm or corporation shall conduct an outdoor shop, stand or market in the City of Buffalo for the sale of fresh fruits and/or vegetables without a license issued by the Commissioner of Permit and Inspection Services as hereinafter provided.
[1]
Editor's Note: See Ch. 511, Zoning.
B. 
The fee for such license shall be as provided in Chapter 175, 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 Commissioner of Permit and Inspection Services, who shall have the discretionary power to grant or deny the said application. If said Director denies the application, he shall return to the applicant the license fee advanced with his said application.
C. 
The Commissioner of Permit and Inspection Services may at any time revoke for cause any license issued hereunder.
[Amended 12-9-2003, effective 12-19-2003]
A. 
Any person, firm or corporation who or which desires to continue to operate or conduct or to conduct and operate an outdoor shop, stand or market for the sale of fresh fruits and/or vegetables in the City of Buffalo shall make application to the Commissioner of Permit and Inspection Services so to do, setting forth the following information:
(1) 
The location or proposed location, including the area of premises to be used for the purpose described in the application.
(2) 
How many feet of said premises, measured along the street line of any or of each adjacent street, are to be actually used for the display of goods.
(3) 
Whether any fresh fruits or vegetables are to be stored or displayed inside or outside of any enclosure on said premises.
(4) 
If any enclosure is to be used or erected on said premises, the size, location and kind of construction of the same.
(5) 
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 said City.
(6) 
Whether any of such stock of fresh fruits and/or vegetables is to be placed in contact with the ground or upon stands.
(7) 
How far from the adjacent sidewalk such goods are to be placed.
(8) 
If an enclosure is to be used in connection with the sale of such goods, whether the same is to be covered at the top or sides.
(9) 
If a covered enclosure is used in connection with the sale of said goods, whether the same will contain any means of ventilation or of heat and cold control.
(10) 
Whether the applicant is a citizen of the United States.
(11) 
How many employees, if any, are or will be employed by the applicant.
(12) 
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.
(13) 
Any other information required by the Commissioner of Permit and Inspection Services.
B. 
Upon receipt of said application, the Commissioner of Permit and Inspection Services shall refer the same to the Erie County Department of Health for inspection and report. If the report of said Department of Health shows that the premises are in any manner unsanitary, the Commissioner of Permit and Inspection Services shall not grant said application until said premises are certified as sanitary by said Department.
Every person, firm or corporation operating any premises in said City 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. Separate toilet and washing facilities shall be provided where male and female help is so employed.
Facilities for cleaning and washing fresh fruits and vegetables, including running water furnished by proper connection made with a City 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.
[Derived from Art. X of Ch. V of the Charter and Ordinance, 1974]
As used in this article, the following terms shall have the meanings indicated:
ITINERANT WHOLESALE DEALER IN FRUITS OR VEGETABLES
Every person not operating a regularly established stand, stall, store or warehouse for the merchandising of fruits or vegetables who shall, from a vehicle stationed on any premises or by traveling from place to place on, along or upon the public highways of the City, deal, sell, offer for sale or deliver at wholesale from any vehicle any fruits or vegetables used or intended for human consumption.
WHOLESALE
The making of sales to the retail trade for purposes of resale, and shall include sales to hotels, food dispensers, clubs and institutions, and shall also include the making of sales of fruits or vegetables to wholesale food establishments for purposes of resale.
[Amended 12-9-2003, effective 12-19-2003]
No person shall engage in the business of an itinerant wholesale dealer in fruits or vegetables without first having obtained a license therefor from the Commissioner of Permit and Inspection Services as provided by this article.
[Amended 12-9-2003, effective 12-19-2003]
An application for a license as an itinerant wholesale dealer in fruits or vegetables shall be made in writing to the Commissioner of Permit and Inspection Services in conformity with the general requirements of this article. The application shall state the name and address of the applicant, the character of the vehicle to be used, including the size of the same, kind, etc., and shall contain such further information as may be required by the Commissioner of Permit and Inspection Services in order to inform him fully as to the nature of the business of the applicant, the equipment and facilities to be used.
The annual license fee for the license required by this article shall be as provided in Chapter 175, Fees.
[Amended 12-9-2003, effective 12-19-2003]
Every itinerant wholesale dealer in fruits or vegetables shall obtain from the Commissioner of Permit and Inspection Services, at the time his license is issued, two metal plates or other suitable emblems for each vehicle to be used by him in or about his business. Such plates or emblems shall have stamped or marked thereon the words "Buffalo Itinerant Wholesale Dealer in Fruits or Vegetables." No such licensed vehicle shall be used for the purposes herein mentioned unless there is displayed thereon at all times said two plates affixed to the right- and left-hand sides respectively of such vehicle under the driver's seat in a conspicuous manner so that the same may be easily seen.
A. 
All vehicles used by itinerant wholesale dealers in fruits or vegetables for the exhibition and carrying or transportation of such merchandise shall be so constructed that the portion of the same which contains the merchandise herein specified shall be covered in such manner that no dust or dirt will settle on such merchandise. Such vehicles and all other equipment and facilities shall be kept in a clean and sanitary condition and shall be protected from dust, flies, rodents and other means of contamination. The operators of such vehicles shall observe all the sanitary requirements herein prescribed and any regulations of the Department of Health of Erie County now or hereafter in effect. The sanitary requirements herein prescribed shall also extend to the licensee and his employees while engaged in and about the handling of said merchandise on their way to and from and while in such vehicle.
[Amended 12-9-2003, effective 12-19-2003]
B. 
No person having an infectious disease in a communicable form shall be engaged in the handling of the merchandise herein named or in the handling of containers in which such merchandise is packed. The Department of Health may require each person so engaged to submit to proper examination for the purpose of determining his condition in this respect.
It shall be unlawful for any itinerant wholesale dealer in fruits or vegetables to sell or to have in his possession with the intention of selling or offering for sale any of the merchandise mentioned in this article which is unclean, unwholesome, tainted, putrid, decayed, poisoned or in any manner rendered unsafe or unwholesome for human consumption. Such merchandise shall be deemed unwholesome for human food if the same has been contaminated by flies or other insects, vermin, dust, dirt or other foreign contamination or if said merchandise contains any poisonous or deleterious or injurious ingredients in kind and quantities so as to render such merchandise injurious or detrimental to health.
This article shall not apply to and no license shall be required from any farmer or producer of fruits or vegetables raised within the State of New York.