Village of Camillus, NY Chapter 67 Hawking and Peddling

[HISTORY: Adopted by the Board of Trustees of the Village of Camillus 8-1-2000 by L.L. No. 2-2000.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law also repealed former Ch. 67, Hawking and Peddling, adopted 7-5-1938, as amended.

§ 67-1 License required; exceptions.

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]

§ 67-1.1 Rules for mobile food vendors and food trucks.

[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.

§ 67-2 Fees.

Fees for the license required by this chapter shall be set from time to time by the Village Board.

§ 67-3 Penalties for offenses.

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.