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 cart or other movable device, used on the public sidewalks
or in public places, in which ready-to-eat food is cooked, wrapped,
packaged, processed or portioned for sale or distribution, and which
is not licensed as a food truck or food trailer.
The owner or operator of a food cart 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.
No food cart shall operate on a public sidewalk or public place within
the City without first having obtained a valid food cart vending license
as prescribed in this article.
B.
No food cart shall operate within the public street right-of-way.
C.
Operation of a food cart on property that is not a public sidewalk or a public park shall be regulated in accordance with all applicable provisions of City Code Chapter 120, Zoning. Food carts operating on private property shall comply with the same requirements as food trucks pursuant to Municipal Code § 120-149.
D.
No food cart or food cart vendor shall:
(1)
Operate a food cart without procuring and prominently displaying
on his or her cart a license.
(2)
Stop, stand or park a food cart on any roadway, except when actually
loading or unloading.
(3)
Operate within any public sidewalk within 100 feet of any property
zoned Low-Density Residential (R-1), Medium-Density Residential (R-2),
or High-Density Residential (R-3).
(4)
Place any goods, tables, blankets, booths or any type of food or
merchandise for sale or any vending unit or other equipment used in
vending on any public place or sidewalk, except a licensed food cart
which meets all the following requirements:
(a)
A food cart when fully opened for business shall not exceed,
including all peripheral equipment and food and merchandise for sale,
six feet in width by 10 feet in length and five feet in height, excluding
only a canopy, awning or umbrella, with the top surface of the food
cart and any seating for the person(s) tending the unit(s) at least
28 inches above the ground. Shopping carts shall not be allowed as
vending units.
(b)
Separate carts may be used in one operation, provided that when they are fully opened for business the total space occupied by said units does not exceed the maximum set forth in Subsection (4)(a) above, and provided further that the carts are kept adjacent to each other and that each separate cart is at all times tended by at least one person.
(c)
All food carts shall be on rubber-tired wheels, at least four
inches in diameter, with a leg or legs or brakes which shall keep
the cart stationary when it is not intended to be moved, and which
is fully mobile and able to be immediately moved by a single person
tending the cart.
(d)
Food carts shall have all peripheral equipment attached thereto,
including seating, if desired, for the person tending the unit.
(e)
Food carts shall have a self-contained and secure storage place
for all food and merchandise and peripheral equipment used in the
vending operation, so that the same can be quickly and safely stored
if the vending unit has to be moved.
(f)
No canopy, awning or umbrella shall be placed on a sidewalk in conjunction with vending activities, except that a food cart may have attached to it a canopy, awning or umbrella which is no greater in size than the maximum size set in Subsection (4)(a) above for a vending unit, and which is a minimum of 7 1/2 feet above the level of the sidewalk when opened if it extends beyond the sides of the cart itself and a maximum of nine feet above the level of the sidewalk when opened, provided that no canopy, awning or umbrella shall extend into a street tree or within two feet of the curbline.
(5)
Place, stop, operate or sell from a food cart on a public sidewalk,
except on the curbside of the sidewalk and at least two feet from
the curb.
(6)
Place, stop, operate or sell from a food cart on a public sidewalk
in such a manner that a portion of the sidewalk at least four feet
in width is not maintained free and clear of obstructions to pedestrian
traffic.
(7)
Place, stop, operate or sell from a food cart on a public sidewalk:
(a)
Within 10 feet of any other vending unit on a public sidewalk;
(b)
Within 10 feet of a curb cut;
(c)
Within five feet of a crosswalk;
(d)
Within 10 feet of a fire hydrant;
(e)
Which abuts or obstructs a bus stop zone or shelter or is located
within 60 feet in advance of a bus stop or shelter (on the side of
the stop or shelter from which a bus approaches) or within 10 feet
beyond a stop or shelter (on the side of the stop or shelter from
which a bus leaves the stop or shelter);
(f)
Within 10 feet of a street tree;
(g)
Within two feet of a trash receptacle;
(h)
Within two feet of a newspaper vending machine;
(i)
Within two feet of an historic marker;
(j)
Within five feet of a pedestrian bench;
(k)
Within two feet of a sidewalk planter;
(l)
Within two feet of a sidewalk grate or opening;
(m)
Within two feet of a fire alarm box; or
(n)
Within one foot of a light pole.
(8)
Cry out or make loud noises in any public street, sidewalk or place
for the purpose of selling any food or merchandise.
(9)
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.
(10)
Place, stop, operate or sell from a food cart on a public street,
sidewalk or place unless that food cart, including any canopy, awning
or umbrella and all peripheral equipment, is maintained in a clean
and neat condition, free of all stains, holes and rust, and with all
wood surfaces painted, treated or varnished.
(11)
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.
(12)
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.
(13)
Sell, offer for sale or deliver goods or services from a sidewalk
or alongside a roadway to an operator or occupant of a motor vehicle
that is stopped, standing or parked on a street where stopping, standing
or parking is prohibited.
E.
Each food cart 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.
F.
No food cart shall operate within 100 feet of an approved food truck
or food trailer location within the Center City, Marina and Harbortown
Vending Districts.
G.
No food cart shall operate within 100 feet of the closest point of
any sidewalk cafe seating area approved by the Department of Environmental
Services.
H.
No food cart 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.
I.
No food cart 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.
J.
All food carts 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.
K.
Nothing herein contained shall be construed so as to prevent any
person having an established place for the transaction of business
within said City from soliciting orders in such line of business from
customers at such place of business or from taking orders by telephone
when telephone orders are received at such place of business and from
filling and delivering the same, nor so as to prevent the sale of
newspapers or milk, the sale of the latter to be governed by the provisions
of the law and ordinances applicable thereto.
L.
The owner of a food cart shall be responsible for the acts of any
person working at that food cart, and a license holder shall be responsible
for the acts of any person while engaged in the operation of the food
cart.
[Amended 10-18-2016 by Ord. No. 2016-325]
M.
Each person designated as an operator pursuant to § 60-16 shall wear a visible identification badge issued by the City Clerk when working on a food cart. The form of the badge shall be established by the City Clerk.
[Amended 10-18-2016 by Ord. No. 2016-325]
N.
Each person working on a food cart 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
cart 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 worker 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 cart, 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.
[Added 10-18-2016 by Ord.
No. 2016-325]
A.
Any person desiring to operate a food cart shall make a written application
for such license to the City Clerk. The application for such license
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 cart 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 cart. At least one designated operator shall be present at
all times that a food cart 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 (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 cart) notify the City Clerk, designate
a replacement individual operator and submit to the City Clerk the
replacement's application for an identification badge.
[Amended 10-18-2016 by Ord. No. 2016-325]
(2)
Address of the commissary used in the supply and preparation of food
for this food cart.
(3)
A valid copy of all necessary licenses, permits or certificates required
by the County of Monroe or the State of New York.
(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 of the food cart that the applicant will use. An additional
license shall be required for each additional food cart from which
the applicant proposes to vend.
[Added 10-18-2016 by Ord.
No. 2016-325]
B.
All license applicants and their individual operators shall be required to consent to a background check by the Rochester Police Department. A license application may be denied by the Chief of Police if the background check demonstrates that the applicant or 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.
[Amended 10-18-2016 by Ord. No. 2016-325]
C.
All license applicants and applicants for renewals thereof shall
present each food cart 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 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.
Before any license 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. 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.
Every food cart vending license shall contain the following
conditions:
A.
Each food cart vending license shall expire on December 31 of every
year.
B.
The license shall not be transferable from person to person without
the written approval of the City Clerk.
C.
The license is valid for one food cart only.
D.
There shall be issued to each vendor a suitable decal or tag that
shall be permanently and prominently affixed to the food cart.
A.
Application: A nonrefundable fee of $7 shall be required for the
receipt of application materials. Said fee shall be credited toward
the license fee upon submission of an application.
B.
License: All food cart vendors shall pay an annual fee of $250 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 $750. Vendors that operate a business in the Center City, Marina and Harbortown Vending Districts shall be entitled to a one-third discount of the license fee to vend in an approved location outside their business. The regular and discounted fees set forth in this Municipal Code § 60-19B shall be further discounted by 25% for the 2021 licensing year only.
[Amended 7-20-2021 by Ord. No. 2021-233]
C.
Temporary permits: Any food cart wishing to vend at one or more special events and that does not have a license shall apply to the City Clerk for a temporary food cart permit and pay a fee of $100 for a permit valid for the calendar year. Any food cart wishing to vend at a single special event and that does not have a license shall apply to the City Clerk for a three-day temporary food cart permit and pay a fee of $56 for a permit valid for that event. Such a permit shall allow vending only during and at the location of a special event. The fees set forth in this Municipal Code § 60-19C shall be discounted by 25% for the 2021 licensing year only.
[Amended 7-20-2021 by Ord. No. 2021-233]
D.
Vendor identification badge: All food cart vendors shall pay a fee
of $24 for each identification badge, except for one badge issued
with the license at no cost.
[Amended 10-18-2016 by Ord. No. 2016-325]
E.
Replacement license or identification badge: All food cart vendors
shall pay a fee of $10 for each replacement license or identification
badge.
[Amended 10-18-2016 by Ord. No. 2016-325]
F.
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.
A.
No food cart shall be operated in the Center City, Marina or Harbortown
Vending District except in a location approved by the City Clerk through
a lottery.
B.
No food cart shall be operated in a location outside the Center City,
Marina or Harbortown Vending District except in a location approved
by the Rochester Police Department.
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 carts in parks regulated by the City. Any food
cart operating in a park regulated by the City shall have a valid
license or temporary permit pursuant to this article.
[Amended 10-13-2020 by Ord. No. 2020-316]
C.
The County of Monroe shall establish requirements for food carts
in parks regulated by the county.
A.
Any food cart 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
Cart permit issued by the City Clerk, or a three-day temporary Food
Cart permit issued by the City Clerk.
B.
Any temporary Food Cart permit applicant shall be required to complete a fire safety inspection and fire safety 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 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 § 60-17.
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 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 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.
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.
