No person shall truck, vend, peddle or otherwise solicit or
sell any goods, wares, merchandise, services, intangibles or other
commodities in any of the streets or public places of the Village
of Camillus or by going from door to door in the Village of Camillus
without having obtained a license therefor from the Village Clerk,
except in the following circumstances:
A. The sale of fresh meat, fish, fruit and/or farm produce sold by farmers
or other persons producing the same.
B. Any community-wide function for which the Village Board temporarily
waives the requirement of such licenses, as, for example, in the case
of the "Mile-Long Yard Sale" held on Main Street in the Village from
time to time.
[Amended 6-21-2021 by L.L. No. 6-2021]
[Added 6-21-2021 by L.L. No. 6-2021]
A. Purpose. The Village of Camillus Board of Trustees finds that public
health, safety and welfare requires that the citizens of the Village
be provided with information relating to persons and organizations
who peddle, solicit or vend food products from nonstationary facilities
within the Village, that such activities be regulated, and that the
citizens of the Village be protected from deceptive and dishonest
practices, and that local businesses be protected from unfair competition.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
MOBILE FOOD VENDOR
Includes any person, either principal or agent, who from
any fixed location, by use of a temporary or moveable structure, or
a motor vehicle of any kind, sells or barters, offers to sell or barter
to the public, or exposes for sale food products. This shall include,
but not be limited to, hot dog sales, snow cone or ice cream sales,
funnel cake or fried dough sales, produce sales and other similar
sales.
C. License required.
(1) It shall be unlawful for a person or individual within the corporate
limits of the Village to act as a mobile food vendor without first
having obtained and paid for, and having in force and effect, a license
therefor issued by the Village of Camillus.
(2) A written application for a mobile food vendor license shall be submitted
to the Village Clerk on forms furnished by the Village. In addition
to the standard application for peddlers and hawkers, applicants for
a mobile food vendor license shall provide the following information:
(a)
The requested date, hours of operation and proposed location
of the mobile food vendor.
(b)
If on private property, proof of consent of the property owner
is required.
(c)
All necessary certifications and approvals from the Onondaga
County Health Department.
(d)
Such other information as may be required by the Village Board.
D. Issuance of license.
(1) The Village Clerk shall refer the application for mobile food vendor
license, when completed, to the Village Board for action and shall
not issue the mobile food vendor license unless the Village Board
has approved the license with or without imposing conditions.
(2) When considering the application for mobile food vendor license,
the Village Board shall consider the following circumstances:
(a)
The impact of the activity on pedestrian and vehicular traffic
and parking.
(b)
The impact of the activity on nearby businesses, especially
those businesses that serve food and beverages.
(c)
The suitability of the hours of operation and the location requested.
(d)
The results of any criminal investigation into the applicant
and any others who may participate in the activity.
(e)
Any other relevant facts and circumstances.
E. Duration of license.
(1) The days, hours of operation and specific location approved shall
be specified on the license, as well as any express conditions set
by the Village Board.
(2) The license may be issued for not more than three consecutive days.
F. Rules for mobile food vendors.
(1) Mobile food vendors shall strictly comply with all conditions of
the approved license.
(2) Mobile food vendors shall comply with each of the following rules:
(a)
No mobile food vendor shall commence food sales until the Code
Enforcement Officer has conducted an inspection and has certified
that there are no violations of applicable laws, codes, rules and
regulations.
(b)
Any advertising signage not adhered to the mobile unit shall
not exceed four square feet.
(c)
The vending site shall be kept clean and orderly at all times,
and the mobile food vendor must provide a refuse container and is
encouraged to provide containers for recycling, and shall duly dispose
of all waste outside of the Village limits. No portion of the mobile
food vendor's inventory, sales equipment, or any other structure
or equipment used in the sales or solicitation process shall be left
overnight upon any unenclosed portion of any lot or site within the
Village, nor any public street or right-of-way.
(d)
If located on or near a sidewalk, a minimum clearance of five
feet shall be maintained by any mobile food vendor.
(e)
No mechanical audio or noise-making devices and no hawking are
allowed. Hawking is the loud, repeated oral solicitation of business
by the mobile food vendor or employee.
(f)
All mobile food vendors shall comply with all applicable Onondaga
County Health Department requirements.
(g)
No mobile food vendor shall falsely or fraudulently misrepresent
the quantity, character or quality of any food or beverage offered
for sale.
(h)
No mobile food vendor shall violate Chapter
78, Noise, of the Code of the Village of Camillus, as amended from time to time.
(i)
No mobile food vendor shall operate in a manner not approved
by the Village Code Enforcement Officer.
G. Suspension and revocation of license.
(1) A license may be suspended pending a public hearing as set forth in Subsection
G(2) below, upon discovery that a mobile food vendor who has been issued a license is in violation of this section. The license may be suspended by the Village Clerk or the Code Enforcement Officer upon reasonable suspicion of a violation of this section.
(2) The Village Clerk shall promptly notify the Village Board of any
license suspension. The Village Board shall hold a public hearing,
upon five days' notice in the official Village newspaper, as
soon as possible after the license has been suspended. After such
public hearing, at which the licensee shall have the opportunity to
be heard, the Village Board may revoke any license issued under this
section to any applicant whom the Village Board shall determine to
be an undesirable person or incapable of properly conducting the trade
or business previously licensed. The Village of Camillus may also
revoke a license for a mobile food vendor under the following conditions:
(a)
Failure to comply with the terms of this section;
(b)
Misrepresentation of facts in the licensee's application
for the necessary permits;
(c)
Failure to comply with the terms of the license;
(d)
Creation of a hazard to the public health or safety; or
(e)
Complaints of aggressive or disorderly behavior.
(3) When a license is revoked, no refund of any portion of the fee shall
be made.
Fees for the license required by this chapter shall be set from
time to time by the Village Board.
Any person who shall violate any of the provisions of this chapter
shall be punishable by a maximum fine of $250 or by imprisonment for
not more than 15 days, or both, for each day.