City of Fulton, NY Special Conditions for Mobile Food Vendors

All of the provisions of Article I of this chapter shall apply to all mobile food vendors conducting business within the City, whether on a seasonal, weekly, or one-time basis, in any public place. The following additional requirements shall also apply to mobile food vendors:

All mobile food vendors must obtain a seasonal mobile food vendor's license for locations referenced in § 460-1. Such licenses will be issued by the City Clerk/Chamberlain in accordance with the provisions of this article and chapter.

Each mobile food vendor license shall state the specific location from which the mobile food vendor shall be authorized to conduct business pursuant to such license and with the approval of the Common Council. Each license shall be valid for a single location only.

The Common Council shall by resolution vote on acceptance or denial of the mobile food vendor's permit. The food vendor's menu for the licensed calendar year must be attached to the permit prior to Common Council approval. Changes to the menu within the approved licensee's vending season permit must be approved by vote of the Common Council.

Locations available to licensed mobile food vendors shall be specifically designated from time to time by resolution of the Common Council following review and recommendation by the Mayor and Chief of Police with respect to potential risk to public safety.

New mobile food vendors shall state, in order of preference, their preferred location(s). In the event more than one prospective vendor desires the same location, the Common Council will accept sealed bids on a specified date, time and place of opening. The Common Council will award the bid by majority vote at the next scheduled meeting of the Common Council.

The name of the person holding the permit shall be specified on the permit along with any other person or persons who will be working or vending for the permit holder. All persons on the permit shall be subject to the approval of the Police Chief. No person whose name does not appear on the permit shall be allowed to operate under such permit. The person holding the permit, along with any other person or persons who will be working or vending, will be disqualified if for any reason monies are owed to the City of Fulton.

Mobile food vendors season will run from April 1 through October 31 of a calendar year. Hours of operation will run from 9:00 a.m. until 9:00 p.m.

Permit applications for the Common Council must be submitted by March 13 of each calendar year, no later than 4:00 p.m. In the event there are more applicants than spaces available, the space will go to the highest responsible bidder with a minimum bid of $1,000.

All mobile food vendors must be actively vending by May 31 of the permitted calendar year, or their assigned spot will be revoked. Upon revocation of the permit, the applicant will be refunded 50% of the original permit charge. The spot may be reapplied for after the May 31 deadline, upon approval of the Common Council, and the fee for the season will be based on 75% of the seasonal fee listed in Chapter A700.

Current vendors as of December 31, 2014, are assured their existing locations under the grandfather clause. If a grandfathered vendor misses a deadline or elects not to continue his license, the mobile food vendor will lose his/her grandfather status.

The Common Council will have the authority to grant new mobile food vendors, after January 1, 2015, completing the prior vending season without incident, first preference in the preceding calendar year for an available location.

The area designated for mobile food vendors is the Canalview Center area located on South First Street from Rochester Street to Cayuga Street. Only pushcarts will be allowed in this designated area.

A mobile food vendor assigned to the Canalview Center area will not be allowed to vend from the hours of 12:00 noon to 2:00 p.m. on Wednesdays during the month of June of each vending season per calendar year. Each permitted mobile food vendor is allowed one independent sign for advertising in accordance with Chapter 475, Property Conservation, which must be removed each night by 9:00 p.m. Overnight parking for mobile food vendors is prohibited.

All mobile food vendors shall agree to defend and indemnify the City of Fulton from all claims, losses and liabilities the City may incur as a consequence of the operations of the mobile food vendor. In addition, each mobile food vendor must submit to the City Clerk/Chamberlain proof of the following required insurance coverage: general liability insurance with personal injury coverage limits per occurrence of 1,000,000, naming the City of Fulton as additional insured, as well as worker's compensation and disability insurance as statutorily required under New York State law.

Prior to commencement of business activities under a mobile vendor's license, the applicant shall provide to the City Clerk/Chamberlain proof of the issuance of a valid permit from the Oswego County Health Department for such business operations and a valid New York State sales tax certificate.

Upon the approval of a mobile food vendor's license, the City shall provide the licensee with a license document signifying his or her status as a licensed mobile food vendor. It shall be unlawful for a mobile food vendor to not conspicuously display the license on his or her vehicle, pushcart or trailer during business operation. Preservation of the integrity of the license document from the elements while displayed shall be the responsibility of the vendor.

Food vendors shall provide suitable disposal receptacles for use by patrons and shall be responsible for all cleanup and removal of all debris and trash resulting from the operation of their individual sites.

No alcoholic beverage may be sold or offered for sale by a mobile food vendor.

All mobile food vendor licenses shall be subject to the condition that all licensees agree to comply with the direction of any police officer, or any City employee or representative acting within the scope of his or her employment, directing the licensee to temporarily suspend or alter operations, or temporarily relocate to another location for such period of time as may be determined by the City in order to accommodate a parade, funeral or other activity of a community nature. Failure to obey any such directive shall be grounds for the immediate revocation of the license.