[HISTORY: Adopted by the Board of Trustees of the Village
of Farmingdale 7-24-1939 by Ord. No. 54 (Ch. 70 of the 1975 Code).
Amendments noted where applicable.]
As used in this article, the following terms shall have the
meaning indicated:
A building or store in which the person deals in the goods,
wares or merchandise for which he solicits orders from customers and
delivers the same during regular business hours.
Shall mean and include, except as hereinafter expressly provided,
any person, either principal or agent, who, in any public street or
public place or by going from house to house or place to place 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, except newspapers and periodicals.
A natural person, corporation, partnership or association.
Any person who, by going from place to place or house to
house, or who, in any street or public place, takes or offers to take
orders for goods, wares or merchandise, except orders for newspapers
and periodicals, or for services to be performed in the future.
The requirements of § 402-3 hereof shall not apply to persons selling personal property for resale to dealers in such articles; to merchants having an established place of business within the Village, or their employees, who obtain orders from their customers and deliver the same; to the peddling of meats, fish, fruits and farm produce by farmers and persons who produce such commodities; to hawking or peddling by an honorably discharged soldier, sailor or marine who is crippled as a result of injuries received while in the naval or military services of the United States; or the holder of a permit granted pursuant to § 32 of the General Business Law lawfully acting thereunder. This article shall also not apply so as to unlawfully interfere with interstate commerce.
A.
It shall be unlawful for any person to act as a hawker, peddler or
solicitor, as herein defined, within the incorporated limits of the
Village of Farmingdale without first having obtained a permit therefor
and without having such permit in force and effect. Such permit may
be granted by the Mayor after written application therefor filed with
the Village Clerk-Treasurer, specifying the name, age and address
of the applicant, the name and address of the person, 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 distribution, and such other information and proof, including satisfactory
proof of good character, as may be required by the Mayor. The application
shall be accompanied by a certificate from the Sealer of Weights and
Measures certifying that all weighing and measuring devices to be
used by the applicant have been examined and approved. Such permit
shall automatically expire on August 19 following the date of issuance
thereof.
B.
The Mayor shall not grant such permit unless he be satisfied that
the person applying be a fit and proper person to conduct such business.
The permit shall be signed by the Mayor and countersigned by the Village
Clerk-Treasurer. No permit shall be deemed to be in effect until the
fee hereinafter prescribed shall have been paid to the Village Clerk-Treasurer
and his receipt endorsed thereon. Such permit shall give the permittee
the right to use only one vehicle in carrying on the business for
which he is permitted. For each additional vehicle so used by him,
an additional fee as established from time to time by resolution of
the Board of Trustees per annum shall be paid, in which event the
permit shall state the number of vehicles permitted to be used. A
permittee may employ one person without a permit to assist in selling
and delivering his wares, but such person without a permit shall so
act only while accompanying a permitted peddler, hawker or solicitor.[1]
C.
The permit fee for such peddling, hawking and soliciting shall be
as established from time to time by resolution of the Board of Trustees
per annum. Permits as aforesaid may be granted in the discretion of
the Mayor for any period less than one year upon the payment of a
pro rata amount of the aforesaid permit fee, provided that no such
pro rata amount shall be in an amount less than that amount established
from time to time by resolution of the Board of Trustees.[2]
Every such permittee, as well as every person holding a permit
under the provisions of § 32 of the General Business Law,
shall, while engaged in hawking, peddling or soliciting within the
Village, carry his permit upon his person, and shall produce and exhibit
the same upon demand of any officer or citizen. The refusal of any
such person to produce a permit when demanded shall be presumptive
evidence that he is hawking, peddling or soliciting without a permit.
A hawker, peddler or solicitor shall:
A.
Not falsely or fraudulently misrepresent the quantity, character
or quality of any article offered for sale, or offer for sale any
unwholesome, tainted or diseased provisions or merchandise.
B.
Keep the vehicle and receptacles used by him in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered
and protected from dirt, dust and insects.
C.
Not use any obnoxiously noisy device to attract public attention
to his wares, or shout or cry out his wares.
D.
Not stand or permit the vehicle used by him to stand in any public
place or street for more than 10 minutes, or in front of any premises
for any time if the owner of or lessee of the ground floor thereof
objects.
E.
Not sell any confectionery or ice cream within 250 feet of any public
or private school between the hours of 8:00 a.m. and 4:00 p.m. on
school days.
F.
Not permit any vehicles used by him to stop or remain on any crosswalk
or driveway.
G.
Not create or maintain any booth or stand, or place any barrels,
boxes, crates or other obstructions, upon any street or public place
for the purpose of selling or exposing for sale any goods, wares or
merchandise.
H.
Not peddle, hawk or solicit on Sunday nor on weekdays during the
period from 1/2 hour after sunset to 1/2 hour after sunrise.
I.
Not litter or strew public or private property with discarded containers,
refuse or debris of any kind.
[Amended 1-5-2015 by L.L.
No. 2-2015]
Every person violating this article or any provision thereof
shall be punished by a fine not in excess of $250 or 15 days' imprisonment,
or both, for each offense, and in addition thereto shall be guilty
of disorderly conduct and the person violating the same shall be a
disorderly person.
All ordinances or parts of ordinances in conflict with this
article are hereby repealed. This article shall take effect August
19, 1939.
[Added 10-17-2016 by L.L.
No. 5-2017]
A.
The Board of Trustees of the Incorporated Village of Farmingdale
("Village") finds that it is in the best interest of the public health,
safety, welfare and convenience to authorize the operation of mobile
food vehicles within the Village of Farmingdale, subject to regulations
to protect the public health, safety, welfare and convenience.
B.
The general purpose of this article is to promote the health, safety,
comfort, convenience, prosperity, and general welfare of the public
by establishing reasonable guidelines and regulations for mobile food
vehicles. The Board of Trustees finds that the operation of mobile
food vehicles subject to the requirements of this article is in the
best interests of the Village.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any person or business that applies for a permit or renews
a permit under the provisions of this article.
A brick and mortar restaurant or other eating establishment
in good standing and physically located within the Village which has
obtained, and maintains, all required approvals, licenses, where food
and/or meals are generally served and eaten on premises. An existing
eating establishment does not include an establishment that is delivery
only.
The designated time frame for the operation of mobile food
vehicles within the Village.
A commercially manufactured, self-contained, motorized mobile
food unit in which ready-to-eat food is cooked, wrapped, packaged,
processed or portioned for service, sale or distribution, for individual
portion service. The MFV shall be readily movable; and shall be removed
daily in accordance with this article. The Village Board of Trustees
shall from time to time establish, by resolution, the size of any
MFV.
The owner of an MFV, its principals, shareholders or members.
The only location an MFV shall be permitted. An MFV shall
only be permitted in an area designated by the Village Board of Trustees
as an MFV permitted operating area. The Board of Trustees shall establish,
by resolution, on a case-by-case basis, an MFV permitted operating
area, taking into consideration the potential impact of each particular
MFV on nearby businesses and residences. An MFV may be permitted on
Main Street, but only when Main Street has been closed to vehicular
traffic.
The MFVV, its agents, representatives or employees and any
other person who operates or conducts the business of an MFV.
Written authorization to operate an MFV in accordance with
the requirements of this article.
Any natural person, firm, partnership, association, or corporation.
Whenever the word "person" is used in any section in this article
prescribing a penalty or fine as applied to a partnership or association,
the word shall include the partners or members thereof; such word
as applied to corporations shall include the officers, agents, or
employees thereof who are responsible for any violation of such section.
It shall be unlawful for any person to operate an MFV within
the Village without first having obtained a valid MFV permit pursuant
to this article.
A.
Any person desiring to operate an MFV shall make a written application
for such permit to the Superintendent of Buildings for the Village.
The application for an MFV permit along with a nonrefundable application
fee (or renewal fee) in the amount of $250 shall be submitted to the
Village on forms provided by the Superintendent of Buildings, and
shall include the following:
(1)
The name, address, and signature of each applicant and each corporate
officer or member of the MFVV.
(2)
The names, address and signature of each driver of the MFV. No person
shall be permitted to drive or operate unless such driver or operator
is specifically authorized to operate the MPV pursuant to this article.
(3)
A valid copy of all necessary licenses, permits or certificates required
by the County of Nassau, State of New York or any subsidiary enforcement
agencies or departments thereof, including, but not limited to, health
department certification, a valid New York State Department of Motor
Vehicles registration and certificate of inspection and valid driver's
licenses of all MFV drivers and operators.
(4)
A signed statement that the MFVV shall indemnify, and hold harmless,
the Village, its officers and employees from any claims for damage
to property or injury to persons which may be occasioned by any activity
carried on under or arising out of the operation of the MFV. The MFVV
shall furnish and maintain, for the benefit of the Village, public
liability insurance, food products liability coverage, commercial
general liability coverage, property and fire insurance coverage,
and motor vehicle liability insurance as will protect the Village
from any and all claims for damage to property or bodily injury, including
death, which is in any way connected to or arises out of the use and
operation of the MFV. The limits of the aforementioned coverage shall
not be less than $1,000,000 per occurrence. The policy shall further
provide that it may not be canceled except upon 30 days' written
notice served upon the Village by certified mail or next day mail.
An MFV permit issued pursuant to the provisions of this article shall
be automatically revoked (shall not require any action on the part
of the Village) upon the failure to maintain the insurance required
pursuant to this section.
B.
All permit applicants, including all proposed drivers and operators
of the MFV, shall submit to a Nassau County Police Department background
check for convictions related to the proposed activity that would
indicate that he or she is not a suitable permittee. A permit application
may be refused by the Superintendent of Buildings if, in his or her
discretion, a prior criminal conviction demonstrates that he or she
is not a suitable permittee.
C.
All MFVs shall be presented to the Village Fire Department for inspection
to determine if the MFV meets all applicable New York State Fire Codes.
No permit shall be issued or renewed without the approval of the Village
Fire Department.
D.
The initial permit shall be subject to the approval of the Village
Board of Trustees. Initial permits shall be for a period of three
months. Thereafter, the first renewal application shall be submitted
to, and reviewed by, the Village Superintendent of Buildings who shall,
upon compliance with this article, renew the permit for an additional
one-year term. Thereafter, the permit shall be renewable as set forth
in this subsection for additional one term. A renewal fee of $250
shall be paid with each yearly renewal.
E.
An MFV permit shall not be transferable.
F.
The MFV permit shall be valid for one MFV only. No substitute vehicle
shall be permitted to operate under the MFV permit unless there is
compliance with the requirements set forth in this article for any
MFV and there is written approval of the Board of Trustees.
G.
The MFV permit shall be permanently and prominently affixed to the
MFV.
No MFV may be operated before obtaining a permit as specified in § 402-11. An MFV may operate only on Friday and Saturday from 11:30 p.m. to 4:30 a.m. The operation of any MFV on other days and at other times shall be prohibited.
All MFVs must be equipped with trash receptacles of sufficient
capacity that shall be changed as necessary to prevent overflow or
the creation of litter or debris. No MFV garbage may be deposited
in pubic trash receptacles by any MFVV. It is a violation of this
article for any MFVV or other individual on the MFVV's behalf
to deposit MFV trash into a public trash receptacle. If MFV trash
is deposited in a public receptacle by someone other than the MFVV
or an operator of the MFV, the operator shall also be subject to a
fine in amounts equal to the fines prescribed in this article, except
that there shall be no fine for the deposit by MFV patron's individual
trash into a public trash receptacle. All MFV permitted operating
areas shall be cleaned and free from litter upon the MFV vacating
the area or at 4:30 a.m. In the event that such area is not cleaned
and free from litter, any MFV operating in the MFV permitted operating
area shall be in violation of this section.
A.
The operation of an MFV other than those specified and authorized
in this article shall be prohibited.
B.
No MFV may be located within the MFV permitted operating area other than during the days and times specified in § 402-12. The MFV shall be removed from the MFV permitted operating area at the conclusion of each day's operation and stored outside of the MFV permitted operating area.
C.
No MFV shall be permitted to operate in the Village and no permit
shall be issued unless the MFVV is the owner of an existing eating
establishment.
D.
The MFV shall only be permitted to park and operate in an MFV permitted
operating area. The size of the MFV shall be prescribed by resolution
of the Board of Trustees.
E.
No MFV permit shall be granted unless the length of the existing
eating establishment's frontage satisfies the requirements established
by resolution of the Village Board of Trustees.
F.
Nothing contained in this article shall be construed to allow an
MFVV to violate parking restrictions. All MFVs must abide by all parking
and vehicle and traffic laws, ordinances, rules and regulations at
all times, except that an MFV 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 parking restrictions, including
any hourly maximum durational requirements in force and effect at
that time and location.
G.
All signage must be permanently affixed to the MFV. No accessory
signage shall be placed outside or around the MFV. A-frame signs compliant
with § 462- 3G(8) shall be permitted.
H.
The owner/operator of any MFV shall comply with all provisions of
federal, state and local laws and ordinances applicable to MFVs.
I.
Any MFVV or operator shall comply with all notices, orders, decisions
and rules and regulations made by the Village Building Department,
Village Code Enforcement, Village Fire Department, Nassau County Police
Department or any other department and/or agency having jurisdiction
over the MFV.
J.
All MFVV shall be required to make accommodations to the public and
provide at their expense any required mitigation for any sound, odor
or other condition offensive to the public.
K.
Food vendors which receive permission from the Village to operate
during festivals and fairs are not subject to the requirements of
this chapter.
An MFV or MFVV shall not:
A.
Operate any MFV in any area other than in an MFV permitted operating
area.
B.
Obstruct pedestrian or motor vehicle traffic flow.
C.
Obstruct traffic signals or regulatory signs.
D.
Stop, stand or park upon any street for the purpose of selling during
the hours when parking, stopping and standing have been prohibited
by signs or curb markings.
E.
Leave the MFV unattended at any time or store, park, or leave such
conveyance in a public space overnight.
F.
Use any MFV which cannot be easily moved and maintained under control
by the MFVV or operator.
G.
Use any sound or device that produces a loud and raucous noise or
operate any loudspeaker, public address system, radio, sound amplifier,
or similar device to attract public attention, or otherwise violate
applicable noise restrictions in the Village Code.
H.
Make or cause to be made any sound or odor or smell that is offensive
to the public.
I.
Serve or cause to be served any alcoholic beverages.
J.
Conduct its business in such a way as would restrict or interfere
with the ingress or egress of abutting property owners or tenants,
create a nuisance, increase traffic congestion or delay, constitute
a hazard to traffic, life or property, or obstruct adequate access
to emergency and sanitation vehicles.
All MFVVs shall assure the Village that a current and correct
name, residence address and mailing address are on file with the Superintendent
of Buildings. Whenever either the name or address provided by an MFVV
changes, the permittee shall notify the Superintendent of Buildings
in writing within 10 days of such change and provide the same with
the name change or address change.
A.
In addition to the penalties contained in this article, a permit
issued pursuant to this article may be suspended for:
(1)
Fraud, misrepresentation or knowingly false statement contained in
the application for the permit;
(2)
Fraud, misrepresentation or knowingly false statement in the course
of carrying on the MFV business or operation;
(3)
Operating in any manner contrary to the conditions of the MFV permit
or the requirements of this article;
(4)
Operating the MFV in such a manner as to create a public nuisance,
cause a breach of the peace, constitute a danger to the public health,
safety, welfare or morals, or interfere with the rights of abutting
property owners; or
(5)
Revocation or suspension of the authorization granted by other government
agencies or departments with jurisdiction over the MFV including but
not limited to the suspension or revocation due to motor vehicle,
health or sanitation violations.
B.
The Superintendent of Buildings shall provide written notice of the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or revocation, and notifying the MFVV of his right to appeal in accordance with § 402-19. Such notice shall be mailed, within 10 days after the action or decision, to the address on the MFV permit holder's application by overnight mail or certified mail, return receipt requested.
C.
If an MFV permit is revoked, the fee paid for the permit shall be
forfeited. A person whose permit has been revoked pursuant to this
section may not apply for a new permit for a period of one year from
the date of revocation.
A.
Any person, firm, corporation or other entity violating the provisions of this article may be liable for penalties as prescribed below and elsewhere in this article and the Village Code, and may be subject to immediate closure by the Village, pending an appeal as specified in § 402-19. Unless it is determined that the continued operation of the MFV poses an unreasonable risk to the health and safety of the public, upon the filing of the MFVV's appeal, the MFVV shall have the right to operate in accordance with this article until such appeal is heard and decided by the Village Board of Trustees, provided that the MFFV shall be subject to a continuing, daily fine in accordance with Subsection B.
B.
For violations of this article, the following fine schedule shall
apply, unless otherwise set forth in this article:
(1)
A first offense: a fine of $500, and/or 15 days in jail, after a
finding or plea of guilty before the Village's Justice Court.
(2)
A second offense within six months of the first offense: a fine of
$1,000, and/or 15 days in jail, after a finding or plea of guilty
before the Village's Justice Court.
(3)
Third offense within six months of the first offense: a fine of $2,000
and permit revocation, and/or 15 days in jail, after a finding or
plea of guilty before the Village' s Justice Court.
(4)
Each day the MFV operates in violation of this article shall constitute a separate offense and shall be punishable as such, except that such continuing daily violations shall not be considered a second offense and third offense as set forth in Subsection B(2) and (3) for purposes of calculating the fine for such continuing daily violations.
C.
Any MFV operating without the required MFV permit shall be immediately
closed by the Village. The operation of an MFV without an MFV permit
shall subject the person, firm, corporation or other entity operating
the MFV to a fine of $1,500. For purposes of this article, every day
of operation without an MFV permit shall constitute a separate offense
and be punishable as a separate violation.
A.
If the Superintendent of Buildings denies the issuance of an MFV
permit, suspends or revokes an MFV permit, or orders the cessation
of any part, or all, of the MFV operation, the aggrieved party may
appeal the decision to the Village Board of Trustees.
B.
Any person aggrieved by the action or decision of the Superintendent
of Buildings to deny, suspend or revoke a permit applied for under
the provisions of this article shall have the right to appeal such
action or decision to the Village Board of Trustees, within 10 days
after the notice of the action or decision has been mailed to MFVV's
address as shown on the MFV permit application form.
C.
If a hearing is requested, the statement shall make such request.
An appeal shall be taken by filing with the Village Clerk a written
statement setting forth the grounds for the appeal.
D.
In the event that a hearing is requested, the Village Clerk shall
transmit the written statement of appeal to the Village Board of Trustees
within 10 days of the Clerk's receipt of the appeal and the Village
Board of Trustees shall at the next regularly scheduled public meeting
set a time and place for a hearing on the appeal. The MFVV may choose
to forgo the hearing and submit its appeal in writing. Where no hearing
request is made, the appeal will be determined by the Village Board
of Trustees upon written submissions and its decision shall be made
no later than 30 days after the Clerk's transmittal of the appeal
to the Board.
Nothing contained in this article shall be construed to be an
amplification or derogation of the rights or responsibilities of abutting
property owners. Any remedies, rights or obligations provided to such
property owners or their successors in interest under the law of real
property or the laws of the State of New York shall be in addition
to the remedies, rights, obligations or penalties provided hereunder.
