As used in this article, the following terms shall have the
meanings indicated:
CENTER CITY VENDING DISTRICT
Includes all of the Center City Zoning District, as established pursuant to Chapter
120, Zoning Code, and in addition, as set forth in a map on file in the City Clerk's office, an area extending generally easterly from the Center City Zoning District which is bounded on the west and north by the Center City Zoning District boundary extending from the southerly side of East Avenue to the center of Alexander Street at approximately 417 Alexander Street, then continuing southerly down the center of Alexander Street to the center of University Avenue, then continuing easterly along the center of University Avenue to the center of Goodman Street, then continuing southerly along the center of Goodman Street to and including the southerly side of East Avenue, then continuing westerly along the southerly side of East Avenue to the Center City Zoning District boundary. The Center City Vending District shall also include both sides of Alexander Street southerly from Gardiner Park to the southerly side of Tracy Street and its extension westerly, as set forth in the map on file in the City Clerk's office.
FOOD TRAILER
A nonmotorized vehicle, designed to be towed by a motorized
vehicle, registered and able to be operated on the public streets
of New York State, in which ready-to-eat food is cooked, wrapped,
packaged, processed or portioned for sale or distribution.
[Amended 7-18-2017 by Ord. No. 2017-202]
FOOD TRAILER VENDOR
The owner or operator of a food trailer or the owner's agent;
hereinafter referred to as "vendor."
FOOD TRUCK
A motorized vehicle, registered and able to be operated on
the public streets of New York State, in which ready-to-eat food is
cooked, wrapped, packaged, processed or portioned for sale or distribution.
[Amended 7-18-2017 by Ord. No. 2017-202]
FOOD TRUCK VENDOR
The owner or operator of a food truck or the owner's agent;
hereinafter referred to as "vendor."
HARBORTOWN VENDING DISTRICT
Includes all of the H-V Harbortown Village Zoning District as established pursuant to Chapter
120, Zoning Code, which is north of the O'Rorke Bridge, and those lands zoned O-S Open Space which border the southern boundary of Ontario Beach Park and are east of Estes Street.
SPECIAL EVENT
A special public event that is either sponsored by the City
or granted a permit by the City, including but not limited to a festival,
parade, concert, or celebration.
[Added 7-18-2017 by Ord.
No. 2017-202]
[Amended 10-18-2016 by Ord. No. 2016-325; 7-18-2017 by Ord. No. 2017-202]
A. Any person desiring to operate a food truck or food trailer shall obtain from the City Clerk and place on prominent display during vending activities either an annual license obtained in accordance this section or a temporary permit obtained in accordance with §
60-6C and
D. The application for a license or temporary permit shall be on forms provided by the City Clerk and shall include the following:
(1) Name and address of each applicant and each corporate officer of
the food truck or food trailer vending corporation, or owner of an
unincorporated business. If the applicant is an individual, he or
she shall be designated as the vendor's operator, and the individual
applicant may also designate one or more additional operators during
or after the application process. If the applicant is not an individual,
it shall specify and provide the name, address and telephone number
of at least one person who shall be the designated operator. A designated
operator shall be a person who is directly responsible for supervising
the operation of the food truck or food trailer. At least one designated
operator shall be present at all times that a food truck or food trailer
is being set up and used for food vending. Every designated operator
shall be required to obtain a vendor's identification badge. In the
event that a vendor's designated operator is no longer serving in
that capacity and the vendor has no additional designated operator
to serve in that capacity, the vendor shall promptly (and no later
than the latter within five business days after the individual operator
has ceased service or at least three business days prior to the next
date at which the licensee operates the food truck or food trailer)
notify the City Clerk, designate a replacement individual operator
and submit to the City Clerk the replacement's application for an
identification badge.
(2) Address of the commissary used in the supply and preparation of food
for this food truck or food trailer.
(3) A valid copy of all necessary licenses, permits or certificates required
by the County of Monroe, or the State of New York, including, but
not limited to, a valid New York State Department of Motor Vehicles
registration and vehicle insurance and valid driver's licenses of
all vehicle drivers.
(4) A copy of a valid certificate of authority issued by the New York
State Department of Taxation and Finance empowering the applicant
to collect both the New York State sales and compensating use taxes.
(5) A description, including, where applicable, the length, make, model
and production year, of the food truck or food trailer that the applicant
will use. An additional license or temporary permit shall be required
for each additional truck or trailer from which the applicant proposes
to vend.
B. All license and temporary permit applicants and their designated operators shall be required to consent to a background check by the Rochester Police Department. An application may be denied by the Chief of Police if the background check demonstrates that the applicant or designated operator has been convicted of criminal offenses that have a direct relationship to the license or that would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. Any decision to deny an application for this reason shall be made in compliance with Article 23-A of the Correction Law after considering the factors set forth in that law. An applicant who is denied shall be entitled to a hearing in the manner provided for a revocation of a license by Chapter
68 of the Municipal Code.
C. All license and temporary permit applicants and applicants for renewals
thereof shall present each vehicle to the Fire Department to determine
that the vehicle meets all applicable New York State Fire Codes and
rules and regulations required by the Fire Marshal. The Fire Marshal
is hereby authorized to promulgate such additional rules and regulations
as may be necessary to assure the firesafety of vending units.
D. License and temporary permit applicants must have a current permit
from the Monroe County Department of Health and must comply with all
laws, rules and regulations of said Department.
[Amended 7-18-2017 by Ord. No. 2017-202]
Before any license or permit authorized herein shall be issued,
the applicant shall file with the City proof of insurance, issued
by an insurance company licensed to do business in the State of New
York and approved by the Director of Finance as to form, which insurance
must be kept continuously in force during the term of the license
or permit. At the time of application, applicants shall provide proof
of insurance that extends for the entire license period. The insurance
shall be not less than $1,000,000 comprehensive/general liability
insurance. Such insurance shall not expire, nor be canceled, altered
or amended, except on 10 days' written notice to the City Treasurer
served personally or by certified mail. Municipal operations, employees
and property shall not be excluded from coverage. The insurance must
name the City as an additional insured party.
[Amended 7-18-2017 by Ord. No. 2017-202]
Every food truck or food trailer vending license or permit shall
contain the following conditions:
A. Each food truck or food trailer vending license shall expire on December
31 after their date of issuance. License fees shall not be prorated.
B. The license or permit shall not be transferable from person to person
without the written approval of the City Clerk.
C. The license or permit is valid for one food truck or food trailer
only.
D. There shall be issued to each vendor a suitable decal or tag that
shall be permanently and prominently affixed to the vehicle.
[Amended 10-18-2016 by Ord. No. 2016-325; 7-18-2017 by Ord. No. 2017-202]
A. Application: All applicants for food truck and food trailer licenses
or permits shall pay an application fee of $7, which shall be credited
against the cost of the license fee if a license is issued.
B. Annual licenses for trucks and trailers no longer than 28 feet:
(1) Food truck vendors shall pay an annual fee of $330 for each license,
except that vendors applying for a license that includes the Center
City, Marina and Harbortown Vending Districts shall pay an annual
fee of $1,000.
(2) Food trailer vendors shall pay an annual fee based on one of the
following three options:
(a)
For vending at private events pursuant to §
60-10 and at events conducted on private property pursuant to a temporary zoning permit issued pursuant to Zoning Code §
120-149A(10): $100;
(b)
For vending only at special events authorized in accordance with §
60-9: $100; or
(c)
For vending at all events fitting within either of the two categories described in Subsection
B(2)(a) and
(b) above: $150.
(3) Licenses issued under §
60-6B shall be limited to food trucks and food trailers that are no longer than 28 feet. Vendors using longer trucks and trailers are limited to vending at special events pursuant to §
60-9 or on private property in accordance with a temporary zoning permit issued pursuant to Zoning Code §
120-149A(10) and must obtain a temporary vending permit issued under §
60-6D.
(4) The fees set forth in this §
60-6B shall be discounted by 25% for the 2021 licensing year only.
[Added 7-20-2021 by Ord.
No. 2021-233]
C. Temporary permits for units no more than 28 feet long: Any vendor wishing to vend from a food truck or food trailer that is no more than 28 feet long at one or more special events pursuant to §
60-9, private events pursuant to §
60-10, or on private property pursuant to a temporary zoning permit issued pursuant to Zoning Code §
120-149A(10), and that does not have a license, shall apply to the City Clerk for one of the following two types of temporary food truck or food trailer permits:
[Amended 7-20-2021 by Ord. No. 2021-233]
(1) Pay a fee of $100 for a permit valid for vending only at the aforementioned
special events, private events, and temporary zoning permitted events
for the remainder of the calendar year; or
(2) Pay
a fee of $56 for a three-day temporary permit valid only during the
remainder of and at the location of a particular special event, private
event, or temporary zoning permitted event.
(3) The fees set forth in this Municipal Code §
60-6C shall be discounted by 25% for the 2021 licensing year only.
The temporary permit shall be placed on prominent display on
the food truck or food trailer during the vending activities that
it authorizes.
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D. Temporary permits for units more than 28 feet long: Any vendor wishing to vend from a food truck or food trailer that is more than 28 feet long at one or more special events pursuant to §
60-9 or on private property in accordance with a temporary zoning permit issued pursuant to Zoning Code §
120-149A(10) shall apply to the City Clerk for one of the following two types of temporary food truck or food trailer permits:
[Amended 7-20-2021 by Ord. No. 2021-233]
(1) Pay a fee of $150 for a unit that is up to 39 feet long, $200 for
a unit that is more than 39 feet and up to 50 feet long, and $250
for a unit that is more than 50 feet and up to 61 feet long, for a
permit valid for vending only at the aforementioned special events
and temporary zoning permitted events for the remainder of the calendar
year; or
(2) Pay
a fee of $84 for a unit that is up to 39 feet long, $112 for a unit
that is more than 39 feet and up to 50 feet long, and $140 for a unit
that is more than 50 feet and up to 61 feet long, for a three-day
temporary permit valid only during the remainder of and at the location
of a particular special event or temporary zoning permitted event.
(3) The fees set forth in this Municipal Code §
60-6D shall be discounted by 25% for the 2021 licensing year only.
A temporary permit under this § 60-6D shall not be used to authorize vending from a food truck or food trailer that is more than 61 feet long. A temporary permit under this § 60-6D shall not authorize the applicant to vend at a special event unless the applicant provides to the City Clerk a written statement from the event's sponsor authorizing the applicant to vend at a spot that is large enough to accommodate the specified length of the applicant's truck or trailer. A temporary permit shall be placed on prominent display on the food truck or food trailer during the vending activities that it authorizes.
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E. Vendor identification badge: All food truck and food trailer vendors
shall pay a fee of $24 for each identification badge, except for one
badge issued with the license at no cost.
F. Replacement license or identification badge: All food truck and food
trailer vendors shall pay a fee of $10 for each replacement license
or identification badge.
G. Vendors who are eligible veterans and who have a Soldiers' and Sailors'
Certificate issued by the Monroe County Clerk pursuant to § 32
of the General Business Law or who are disabled veterans as defined
by § 35 of the General Business Law holding such a certificate
shall be exempt from the fees contained in this section.
In addition to the general provisions set forth in Chapter
60 of the Municipal Code, the following regulations shall also apply to food truck vendors in the Center City, Marina or Harbortown Vending District:
A. No food truck shall operate from a parking space on a public street
except in parking spaces reviewed by the Traffic Control Board and
approved by the City Clerk and in accordance with regulations established
by the Traffic Control Board. The Traffic Control Board may establish
the hours that each parking space shall be available for vending,
which hours shall not be greater than between the hours of 7:00 a.m.
and 2:00 a.m. No vendor shall be parked in a specific parking space
for more than four consecutive hours.
[Amended 10-18-2016 by Ord. No. 2016-325]
A. Any food truck or food trailer vending at a special event that is
sponsored by the City or granted a permit by the City ("a special
event") shall have either a license issued pursuant to this article
or a temporary food truck or food trailer permit issued by the City
Clerk, or a three-day temporary food truck or food trailer permit
issued by the City Clerk. No vending operation may be conducted from
a food trailer located within the public right-of-way unless operating
at such location is explicitly authorized in a special event permit,
in a temporary permit, or by the Chief of Police.
B. Any temporary food truck or food trailer permit applicant, its operators and all workers who will participate in vending from a food truck or food trailer shall be required to complete a firesafety inspection and firesafety training by the Rochester Fire Department and also a submit a valid copy of all necessary licenses, permits or certificates required by the County of Monroe or the State of New York, including, but not limited to, a valid New York State Department of Motor Vehicles registration and certificate of inspection and valid driver's licenses of all vehicle drivers, and a copy of a valid certificate of authority issued by the New York State Department of Taxation and Finance empowering the applicant to collect both the New York State sales and compensating use taxes and a current permit from the Monroe County Department of Health, and must comply with all laws, rules and regulations of said Department, and shall submit proof of insurance coverage that meets the requirements of §
60-4.
C. The Director of Communications may approve a permit to allow food truck vending at special events on streets in the vicinity of the Rochester Riverside Convention Center and the Blue Cross Arena, as provided in §
111-54.1 of the Municipal Code, but no more than 10 such events per calendar year, per location, may be approved. The applicant must be an authorized representative of the Rochester Riverside Convention Center or the Blue Cross Arena. Applications from other persons or for other locations may be approved by the Director of Communications after consultation with the Chief of Police and City Clerk, but no more than four such events per calendar year, per location, may be approved. Temporary parking locations for such food truck vending shall be approved by the City Clerk after review and approved by the City Engineer.
[Amended 10-18-2016 by Ord. No. 2016-325]
Any food truck or food trailer vendor who intends to operate within the public right-of-way as a caterer or on a contracted basis to serve food to guests at a private event shall notify the Licensing Unit of the Rochester Police Department at least 72 hours before the event. The vendor shall specify where it proposes to operate the food truck or food trailer, and the Rochester Police Department reserves the right to prohibit vending in that location and/or require relocation to another space in order to preserve traffic flow and safety or on advice of the City Engineer. Such a food truck or food trailer shall serve only the guests at the private event and shall not make sales to the public during that period. A sign shall be prominently displayed on the truck or trailer indicating that it is serving a private event and is not open for public sales. This provision shall not apply to a food truck or food trailer operating on private property that has obtained a temporary zoning permit pursuant to Municipal Code §
120-149.
A person violating any section of this article shall be subject to the penalties set forth in City Code §
13A-11, Penalties for offenses.
If any provision of this article is declared invalid or unconstitutional
for any reason, the remaining provisions shall be severable and continue
in full force and effect.