[HISTORY: Adopted by the Town Board of the Town of Lloyd 6-9-2010 by L.L. No. 9-2010. Amendments noted where applicable.]
This Chapter 79 shall be known as "Food Vendors."
This chapter is designed to permit the outdoor service of prepared foods in areas where it is appropriate and to promote and protect the public health, safety and general welfare. Specific purposes of this legislation are:
No outdoor service of prepared foods shall be allowed unless a permit has first been obtained from the Town Clerk. Every applicant shall have a copy of the permit issued available for production upon the request of any police officer, code enforcement officer or other Town official.
The fee for such permit shall be in such amount as determined from time to time by resolution of the Town Board. Such resolution may fix fees based upon an annual, monthly or one-day permit fee. The Town Board may, as it deems appropriate, waive the permit fee for those not-for-profit, charitable or similar organization applications not otherwise exempt under § 79-17 hereof, or for all vendors when appropriate for a specific event.
Except as provided in § 79-4B, only commercial establishments, operating as of right as a restaurant or substantially similar use, which take orders and serve food and beverages within their establishments for sit-down or take-out service, may take orders and serve food and beverages outdoors or in outdoor dining areas.
Any application for outdoor service shall be made to the Town Clerk in writing on a form prescribed by the Town Clerk's office. A separate permit shall be required for each vending unit.
The terms "applicant" and "permittee" as used herein are synonymous and shall mean the individual or establishment that has applied for and, as applicable, been issued a permit under this Chapter 79.
Such application shall contain the following information:
The name, address and telephone number of the applicant.
The name, address and telephone number of the establishment to be the subject of the application and the name and telephone number of the owner and/or operator of the establishment or designated responsible representative.
Whether alcoholic beverages are to be served. If so, a copy of the appropriate liquor license issued by the State of New York is to be appended to the application.
A survey or sketch of the subject property, also indicating any adjacent property which is Town owned.
A plan showing the complete service area, with the location of all furniture and fixtures to be used, including a fully dimensioned seating plan and the location of entrances and exits.
Descriptive material showing all furniture and fixtures to be used and how such furniture and fixtures shall be stored or secured during nonoperational hours.
Whether live or mechanically reproduced music is to be played and a description and site location of the facilities, equipment or other devices needed for amplification of sound.
Any other information that the Town Clerk may find reasonably necessary to determine whether a permit should be issued.
A statement(s) or other satisfactory proof (certificate, permit or license) from all governmental agency(ies) having jurisdiction over such operations, indicating that the applicant meets the requirements of all county or state codes, rules, regulations or laws relative to food preparation and service, sanitary practices and collection of New York State sales tax.
Investigation shall be requested by the Town Clerk by the Code Enforcement Officers in the Building Department to determine and report to the Town Clerk whether the applicant meets the requirements of this and other chapters of the Town Code.
The Town Board may modify, relax or waive any of the application requirements as long as the intent of this chapter is nonetheless achieved.
No permit shall be issued by the Town Clerk until a Code Enforcement Officer has certified that:
The proposed outdoor service area will not interfere with pedestrian or vehicle traffic or use of any other private or Town-owned portion of property adjacent to the establishment or unit and will not, without written consent, make use of any other Town-owned or other public property or right-of-way adjacent to the establishment, except as may be permitted in connection with the subject permit. The applicant's operations shall be confined and limited to those shown on the permit application as approved by the Town.
The applicant is in compliance with and has met all other applicable provisions in this chapter and those in the Town of Lloyd Building and Zoning Codes, and such use shall not present a public or fire safety hazard.
Notwithstanding the provisions of Chapter 80 of this Code, establishments issued a permit hereunder may engage in outdoor service of prepared-food products as set forth in this chapter.
The consumption of alcoholic beverages of any and all types and kinds is prohibited unless served by the related licensed premises and accompanied by a principal operation of the service and consumption of food. It is the responsibility of the owner and/or operator of the premises who has obtained a permit hereunder for outdoor dining to ensure compliance with this provision.
A permit holder shall be bound by all applicable rules, regulations, ordinances, local laws and statutes. The Town Board may, by resolution, adopt, from time to time, any additional rules and regulations intended to ensure compliance with all applicable rules, regulations, ordinances, local laws and statutes and the general protection of health, safety and welfare.
No other activities of any nature conducted now or hereafter by any commercial establishment, enterprise, business, venture or shop in the Town, otherwise prohibited by all applicable rules, regulations, ordinances, local laws or statutes, are changed, amended, suspended or altered in any respect because of this chapter.
Such outdoor service activities shall, except where permitted under § 79-4B hereof, be limited to areas directly to the front or rear of each store or merchant's establishment and shall not extend beyond the property lines. There shall be a minimum of three feet, total, of sidewalk width clearance to provide adequate and unobstructed pedestrian movement, such width to be measured from the outermost point of the outdoor service and dining area to the nearest obstruction.
Permits shall be issued after Town Board review and approval of a permit application. All permits, regardless of when issued, shall expire on the date stated therein or on December 31 of the year in which issued.
Applications for renewal of permits shall be made before January 1 of each year, in the same manner as original applications.
Permits are not assignable.
Prior to the issuance of a permit, the applicant for a permit shall present to the Town a binder, endorsement or unconditional certificate of insurance (or other proof of insurance satisfactory to the Town Attorney) clearly providing for comprehensive general liability, naming the Town of Lloyd as additional insured, for combined single limits of no less than $1,000,000 per occurrence and $1,000,000 general aggregate. The same shall provide that no cancellation or material modifications shall occur except upon 30 days' prior written notice to the Town of Lloyd.
Park locations. The Town Board is hereby authorized to determine the number of vendors to be permitted in Town parks and parking areas adjacent thereto, the specific location of a vehicle, stand or pushcart and the square footage which can be occupied by said vendors. Preference shall be given to residents of the Town and owners or operators of businesses within the Town of Lloyd. Unless authorized by the Town Board, it shall be unlawful for any person to act as a food vendor in the following parks and streets:
The applicant shall, before receipt of the permit to be issued by the Town Clerk, meet with the Superintendent of Highways at the location authorized by such permit. The Superintendent shall then identify and mark the exact location for the food vendor to operate. The Superintendent shall then record such location with the Code Enforcement Officer, the Town Clerk and the Chief of Police.
All outdoor service and adjacent areas shall be continuously cleaned and kept refuse free. The outdoor service and adjacent areas shall be swept and washed down each night just prior to closing and at other times as needed. Permittee-owned trash containers shall be maintained immediately adjacent to the point of sale. Permittees shall collect all litter and debris within 50 feet of the point of sale before closing business on each day and shall transport away all trash and dispose of it in a legal and appropriate manner. However, the same shall not be deposited in a Town-maintained public garbage container. There shall be no storage of equipment on public property outside of the permittees' actual hours of operations.
Outdoor dining activities, except pursuant to § 79-4B, may take place between the hours of 7:00 a.m. and 10:00 p.m. on all days of the week, except Sunday. Sunday hours shall be between 9:00 a.m. and 7:00 p.m. Operations pursuant to § 79-4B shall be limited to not earlier than 9:00 a.m. and not later than 1/2 hour before dusk on any day.
Except for permits issued pursuant to § 79-4B, music may be provided so long as it is not of a type or volume as to violate any applicable law or ordinance or create a nuisance to surrounding residents or property owners. Lighting shall be minimal and shall be installed so that no point source shall be observed for any neighboring properties, nor shall any other direct or indirect illumination from the source of light cause illumination in excess of 0.5 footcandle on any abutting property.
All furniture and fixtures used in conjunction with outdoor service must be of a temporary nature and must be brought in at closing time. Except as hereinafter permitted, no signage shall be permitted to be affixed to any temporary structures. For applicants operating under § 79-4B, signage shall be limited to one permanently mounted on the vending unit and one sandwich board sign located within five feet of the unit not to exceed four square feet on either side.
No applicant shall employ any moving display or flashing or revolving light, nor shall applicants call out to passersby to attract attention to their business.
The person or persons to whom a permit has been issued shall be liable and shall indemnify the Town for any loss, damage, or injury or expense sustained by the Town arising out of any claim or cause of action whatsoever instituted or commenced by any person or persons arising out of the issuance of such permit or as a direct or indirect result of the operation under such permit.
The following exemptions apply to this Chapter 79, as follows: Nothing in this chapter shall be held to apply to persons who are not eligible as set forth in § 79-4; to any sales conducted pursuant to statute or to the order of any court; to any person selling food at wholesale; to farmers and persons who produce food commodities or to wholesale dealers in milk and baked goods; to any honorably discharged member of the United States Armed Forces who has procured a license as provided by the General Business Law of the State of New York; to any bona fide educational or charitable organization having a permanent office within a radius of 50 miles of the Town of Lloyd; or to students under the age of 21 years pursuing part-time self-employment. All persons named above, however, shall be subject to restrictions hereinbefore delineated in §§ 79-6 through 79-16.
Also, the provisions hereof shall not be applicable to the temporary use of premises in connection with not-for-profit, charitable and similar uses such as field days, church bazaars and the like or municipal uses, provided that in each such case the Town of Lloyd Town Board has been made aware of and formally recognized such exempt activity or issued a permit or license for the use.
A permit may be suspended or revoked by the Town Clerk, Code Enforcement Officer or police officer for any of the following:
Violation by the applicant of any of the provisions of this Chapter 79, the permit issued hereunder, or of any code, rules, regulations or other provisions of law required to be abided by hereunder;
Any false or fraudulent material statement contained in the application for permit; or
Any fraudulent or false material statement made in connection with the sale of any item.
Denial of a permit shall be appealed to the Town Justice Court, which is hereby granted jurisdiction.
Any applicant whose license is suspended or revoked pursuant to this section may appeal such suspension or revocation to the Town Board. The applicant shall, within 30 days of written request for an appeal, be granted an opportunity to be heard before the Town Board, at which time the only issues to be heard shall be whether the suspension or revocation was proper in light of the provisions and requirements of this Chapter 79 of the Town Code. The applicant, Town Board, and any enforcement officials shall have the full right to examine and cross-examine all physical evidence and witnesses. The Town Board shall issue a written decision, a copy of which shall be mailed to the applicant within 30 days thereafter.
A violation of this chapter shall be subject to § 79-18 and in addition shall be punishable pursuant to any other applicable chapter of the Town of Lloyd Code.