[Adopted 6-25-2003 by L.L. No. 2-2003[1]]
[1]
Editor's Note: This ordinance also redesignated former Arts.
II through V as Arts. III through VI, respectively.
A.
It shall be unlawful for any individual to act as a food vendor without
having first obtained a license therefor from the Director of the
Consumer Protection Bureau in accordance with the provisions of this
article.
B.
In addition to the conditions set forth in this article, a license
shall be renewable by the licensee, provided that the licensee meets
all other requirements for renewal, the license has not been revoked
or suspended and the licensee has not committed a violation or violations
which could be a basis for license revocation or suspension.
C.
It shall be unlawful to vend food from any vehicle, trailer or pushcart
in a public space without having first obtained a license for such
vehicle or pushcart from the Director of the Consumer Protection Bureau
in accordance with the provisions of this article. The Director shall
establish standards relating to the size and design of such vehicles,
trailers and pushcarts. No vendors shall vend from any vehicle, trailer
or pushcart which does not comply with the standards set by the Director.
No vendor shall vend from other than a vehicle or pushcart.
D.
On and after June 30, 2004, no new full-term license shall be issued
until the number of such licenses which are in effect is less than
50. Thereafter, the maximum number of such licenses which may be in
effect shall be 50, and no new licenses shall be issued in excess
of such maximum number. Notwithstanding the limitations on the issuance
of new full-term licenses, a license issued prior to June 30, 2004,
which is in effect shall be renewable by the licensee to whom the
license was issued subject to the provisions of this article and provided
that all other requirements for renewal under the provisions of this
article and any rules promulgated pursuant thereto are complied with,
the license of the person to whom the license was issued or the license
has not been revoked or suspended and the licensee has not committed
a violation or violations which could be a basis for permit or license
revocation or suspension.
E.
After the initial issuance of such license, the Director may establish
a separate waiting list for the issuances of full-term license pursuant
to this article to be administered in accordance with requirements
to be established by rules of the Director. The Director may by rule
limit the number of places on such waiting list,
F.
All licenses shall be issued from July 1 to June 30 for one year.
There shall be no credit or prorated fee for a shorter term.
G.
The Director many issue temporary licenses upon furnishing of information
and an application in such form and detail as such Director may prescribe
and the payment of a fee.
H.
In addition to the conditions set forth in this article a temporary
license shall be renewable by the licensee within one year of its
expiration date, provided that the licensee meets all other requirements
and has not committed a violation or violations which could be a basis
for license revocation or suspension.
I.
All applicants for licenses required by the provisions of this article
shall be subject to a Police Department background check.
The Director shall issue licenses after payment of the following
fees to the Comptroller therefor:
A.
Any person desiring to procure a license as herein provided shall
file with the Director a written application upon a blank form prepared
by the Director and shall be in the form and detail as the Director
may prescribe. This form is to be accompanied by the fee, and it shall
be furnished by the City.
B.
In addition to any other information required, the Director shall
require the following information:
(1)
The name, age, home and business address of the applicant, the name
and address of any firm or corporation represented. If the applicant
is a corporation, a copy of the certificate of incorporation or filing
receipt is required.
(2)
The kind of vehicle, trailer or pushcart to be used by the applicant
in carrying on the business for which the license is desired.
(3)
A description of the food to be offered for sale and a description
of the vehicle, trailer or pushcart to be used.
(4)
Any such other information as may be required by the Director.
(5)
Such application shall be accompanied by a certificate from the Director
certifying that all weighing and measuring devices to be used by the
applicant have been examined and approved.
(6)
Proof that the applicant has obtained a certificate of authority
to collect sales tax and has a certificate from the New York State
Department of Taxation.
(7)
Proof of inspection by the Westchester Health Department.
(8)
If not incorporated, an applicant must submit a business individuals
or D.B.A.s (doing business as).
(9)
The applicant must submit two full-face passport-size photos taken
within 30 days of application date.
(10)
If the applicant is not a citizen of the United States, proof
that such person is either a permanent resident alien or an alien
permitted by law to work in the United States.
(11)
The applicant must provide a copy of a valid driver's license
or a non-driver's I.D. issued by the New York State Department of
Motor Vehicles.
(12)
The applicant must provide a copy of a current, valid vehicle
insurance card or a copy of car insurance policy.
A.
All food vendors shall:
(1)
Not falsely or fraudulently misrepresent the quantity, character
or quality of any article offered for sale or offer for sale any nonwholesome,
tainted or diseased provisions or merchandise.
(2)
Keep the vehicle and receptacles used by the licensee in a clean
and sanitary condition and the foodstuffs and edibles offered for
sale well-covered and protected from dirt, dust and insects.
(3)
Not blow a horn, shout, cry out, ring a bell or use any other noisy
device to attract public attention to the licensee's wares.
(4)
Not stand or permit the vehicle used by the licensee to stand in
front of any premises for any time if the owner of or lessee of the
ground floor thereof objects.
(5)
Not permit any vehicle used by a licensee to stop or remain in any
crosswalk.
(6)
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.
(7)
Not stand or permit the vehicle used by a licensee to stand in any
public place or street within a radius of 1,500 feet of the perimeter
of any park within the City of Yonkers wherein a newsstand or concession
is authorized pursuant to the Code of the City of Yonkers.
(8)
Not drive or place a vehicle within any park within the City of Yonkers
unless the licensee has been issued a permit pursuant to the Code
of the City of Yonkers.
B.
No pushcart shall be placed upon any sidewalk unless said sidewalk
has a clear pedestrian pathway.
C.
Each food vendor who vends from a pushcart or vehicle in the roadway
shall obey all traffic and parking laws, rules and regulations as
now exist or as may be promulgated, but in no case shall a food vendor
vend so as to restrict the continued maintenance of a clear passageway
for vehicles.
Every vehicle used by a licensed food vendor in or about his
business shall have the name of the licensee and his business address
and business telephone number plainly, distinctly and legibly painted
in letters and figures at least two inches in length in a conspicuous
place on the outside of each side of every such vehicle, and such
name and address shall be kept so painted plainly and distinctly at
all times while such vehicle is in use during the continuance of this
license.
