As used in this article, the following terms shall have the
meanings indicated:
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.
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]
The owner or operator of a food trailer or the owner's agent;
hereinafter referred to as "vendor."
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]
The owner or operator of a food truck or the owner's agent;
hereinafter referred to as "vendor."
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.
Includes all of the M-D Marina District as established pursuant to Chapter 120, Zoning Code.
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]
A.
No food truck vendor shall operate within the public rights-of-way
within the City without first having obtained a valid food truck vending
license or permit as prescribed in this article.
[Amended 10-18-2016 by Ord. No. 2016-325; 7-18-2017 by Ord. No. 2017-202]
C.
Operation of a food truck or food trailer on property that is not public right-of-way or a public park shall be regulated in accordance with all applicable provisions of Municipal Code Chapter 120, Zoning. Food trailers operating on private property shall comply with the same requirements as food trucks pursuant to Municipal Code § 120-149.
D.
Food trucks and food trailers vending in the City shall not be greater than 28 feet in length, except that a food truck or food trailer exceeding 28 feet in length may be authorized to vend by means of a temporary permit that is issued for special events and permitted temporary uses pursuant to § 60-6D. Food trucks shall be licensed as a motor vehicle and able to be operated on the public streets of New York State.
[Amended 7-18-2017 by Ord. No. 2017-202]
E.
Each individual designated as an operator on a vendor's license or permit pursuant to § 60-3 shall wear a visible identification badge issued by the City Clerk when working on a food truck or food trailer. The form of the badge shall be established by the City Clerk.
[Amended 10-18-2016 by Ord. No. 2016-325; 7-18-2017 by Ord. No. 2017-202]
F.
Each person working on a food truck or food trailer shall complete
a firesafety training program offered by the Rochester Fire Department
within 60 days after commencing employment. At all times at least
one worker on each food truck and food trailer shall have completed
the firesafety training program offered by the Rochester Fire Department.
When the worker has completed the safety training program, the Rochester
Fire Department shall present him or her with a written notice confirming
that the employee has completed the training and specifying the worker's
name and the date that training was completed. At all times when working
on a food truck or food trailer that is vending, each person who has
completed the safety training program shall carry and be prepared
to present the training confirmation notice, and for purposes of verifying
his or her identity, the worker shall also carry a New York State
driver's license, New York State nondriver's identification card,
police identification card or other means of identification approved
by the Chief of Police; provided, however, that a worker who has not
been issued a suitable form of identification shall not be required
to obtain, carry and present one for purposes of this article.
[Amended 10-18-2016 by Ord. No. 2016-325[1]]
G.
No food truck or food trailer shall operate within any public right-of-way
within 100 feet of any property zoned Low-Density Residential (R-1),
Medium-Density Residential (R-2), or High-Density Residential (R-3).
[Amended 10-18-2016 by Ord. No. 2016-325]
H.
Each food truck and food trailer must at all times carry on the vehicle
a measuring device with a measuring capacity of no less than 500 feet
as a condition of its licensure. The failure of any food truck or
food trailer to carry such a measuring device or to abide by the proximity
distance restrictions included in this article shall constitute a
violation of this article.
[Amended 10-18-2016 by Ord. No. 2016-325]
I.
All food trucks and food trailers must abide by all parking and vehicle and traffic laws, ordinances, rules and regulations at all times, including but not limited to any durational requirements in force and effect at that time and location. Except for locations within the Center City, Marina and Harbortown Vending Districts, a food truck may operate in any legal parking space except as restricted by any ordinance, law, rule or regulation, including § 60-2G. Locations within the Center City, Marina and Harbortown Vending Districts shall be limited to those approved pursuant to § 60-7.
[Amended 10-18-2016 by Ord. No. 2016-325]
J.
No food truck or food trailer shall operate within 100 feet of an
approved vending cart location.
K.
No food truck shall operate within 100 feet of the closest point
of any sidewalk cafe seating area approved by the Department of Environmental
Services.
L.
No food truck or food trailer shall operate within 500 feet of the
boundary line of any festival, special event or civic event that is
permitted or sponsored by the City, except when the vendor has obtained
a permit to so operate from the City.
M.
No food truck or food trailer shall operate in a location that has
the effect of obstructing access to or egress from any structure or
the free flow of vehicular and pedestrian traffic.
N.
All food trucks and food trailers must be equipped with trash receptacles
of a sufficient capacity that shall be changed as necessary to prevent
overflow or the creation of litter or debris.
O.
No vendor shall cry out or make loud noises in any public street,
sidewalk or place for the purpose of selling any food or merchandise.
P.
No vendor shall chain or otherwise attach any signs, goods, merchandise,
chairs, stools or food cart or other equipment used in vending to
any tree, parking meter, hydrant, sign or post, light pole, telephone
pole or other street appurtenance or leave any such items unattended
on a public street, sidewalk or place. Items left in violation of
this subsection shall be seized by the police.
Q.
No vendor shall dispose of any litter or trash generated from the
vending operation in public trash receptacles. Vendors shall store
such litter or trash during the day in a trash receptacle firmly attached
to the vending unit and carry the same with them at the end of the
day. Vendors shall also be responsible for keeping the immediate area
of their food cart free and clear of any litter, trash or spillage
from the unit.
R.
No vendor shall conduct any vending activities in violation of any
rule or regulation promulgated by the Chief of Police, Commissioner
of Environmental Services or Fire Marshal pursuant to this article
or by the Monroe County Health Department with respect to vending
of food or food products.
[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;
(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.
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.
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.
|
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.
A.
The Chief of Police is authorized to promulgate rules and regulations
governing vending during parades and special events in the City. Such
rules and regulations may require vending activities to be conducted
in areas located so that citizens may be able to have unobstructed
views of the parade or special event. In conjunction with such activities,
including any street closing for a special event, the Chief of Police
may suspend the applicability of the regulations found in this article
to allow for the operation of the special event.
B.
The Commissioner of Recreation and Human Services shall establish
requirements for food trucks and food trailers in parks regulated
by the City. Any food truck or food trailer operating in such a park
shall have a valid license or permit pursuant to this article.
[Amended 7-18-2017 by Ord. No. 2017-202; 10-13-2020 by Ord. No. 2020-316]
C.
The County of Monroe shall establish requirements for food trucks
and food trailers in parks regulated by the county.
[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.
The provisions of City Code Chapter 68, Licenses — Business and Trades, being general licensing provisions relating to business and trades, shall be applicable to all licenses under this article the same as if specifically set forth herein.
B.
The Chief of Police shall revoke, without a hearing, the license or permit of any person found guilty of five or more violations of this article during any period of two years. Nothing herein shall prevent the Chief of Police from revoking a license or permit of any person with fewer than five violations, on written charges and an opportunity for a hearing thereon, pursuant to City Code § 68-10, Revocation of licenses and permits.
[Amended 7-18-2017 by Ord. No. 2017-202]
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.
