[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:
A.
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.
B.
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.
A.
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.
A.
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.
C.
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.
D.
Such application shall contain the following information:
(1)
The name, address and telephone number of the applicant.
(2)
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.
(3)
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.
(4)
A survey or sketch of the subject property, also indicating any adjacent
property which is Town owned.
(5)
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.
(6)
Descriptive material showing all furniture and fixtures to be used
and how such furniture and fixtures shall be stored or secured during
nonoperational hours.
(7)
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.
(9)
Any other information that the Town Clerk may find reasonably necessary
to determine whether a permit should be issued.
(10)
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.
E.
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.
F.
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:
A.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
Applications for renewal of permits shall be made before January
1 of each year, in the same manner as original applications.
C.
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.
A.
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:
B.
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.
A.
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.
B.
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:
A.
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;
B.
Any false or fraudulent material statement contained in the application
for permit; or
C.
Any fraudulent or false material statement made in connection with
the sale of any item.
A.
Denial of a permit shall be appealed to the Town Justice Court, which
is hereby granted jurisdiction.
B.
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.
