[Adopted 7-16-2012 by L.L. No. 2-2012 (Ch. 82 of the 1984 Code)]
Whenever used in this article, the following terms shall have
the meanings indicated:
CART or PUSHCART
Any wheeled vehicle or device used by a food vendor, other
than a motor vehicle or trailer, which may be moved with or without
the assistance of a motor and which does not require registration
by the Department of Motor Vehicles.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
COMMUNITY EVENT
A parade, a celebration of a national, state or locally designated
holiday, or a civic event, sponsored by one or more not-for-profit
or community organizations, recognized by the Village Board as a community
event.
FOOD
Any raw, cooked or processed edible substance or beverage,
or ice cream, ice cream products or frozen desserts.
FOOD VENDOR or VENDOR
A person who vends, peddles, sells or offers food for sale
at retail in any public space or park, or a concession stand situated
in a park or regulated area, as defined herein.
PARK
Any area owned by the Village and designated as a public
park on the Village Map, including any driveways or access roads,
sidewalks and structures therein, and also including the grounds of
the Village Hall.
PUBLIC SPACE
All publicly owned roadways, streets or sidewalks.
SIDEWALK
Any sidewalk maintained by the Village for pedestrian traffic.
SIDEWALK CAFE
Any use of a sidewalk or other public space for the location of tables and chairs, benches or other seating arrangements for the outdoor service and consumption of food and/or beverages. For the purpose of this article, a sidewalk cafe may only be located immediately adjacent to a building occupied by the restaurant or establishment serving such food or beverages, and operating in compliance with Chapter
250, Zoning, of the Village Code, for the use and convenience of the patrons of such restaurant or establishment.
STAND
A movable, portable or collapsible structure, framework,
device, container or other contrivance used by a food vendor for displaying,
keeping or storing any food or article required in acting as such
a vendor.
STREET
Any street or public thoroughfare maintained by the Village
for vehicular traffic. A "street" shall include all state and county
highways within the Village and approved by the state and county as
being within the scope of this article.
STREET CORNER
The area within the intersection of two streets from the
pavement and/or curb edge to the edges of the sidewalk farthest from
the pavement or curb edge.
VEHICLE
A motor vehicle or trailer as defined in the Vehicle and
Traffic Law.
VEND
To hawk, peddle, sell or offer food, in a public space or
park, delivered immediately for consumption or for purchase for consumption
elsewhere.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Food vendors and sidewalk cafes are permitted to locate and
operate, in accordance with the provisions of this article, only within
the area of the Village designated as the CB Central Business District,
as shown on the official Village Zoning Map, except for community
events for which the Village Board designates certain areas and times
during which temporary licenses may be issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful to act as a food vendor or to vend food
from any vehicle, pushcart or concession stand, or other structure
or device, in a public space or park or area, or to locate or maintain
any sidewalk cafe, without first having obtained a license in accordance
with the provisions of this article and having paid the fee established
for such license. Charitable, religious, educational, recreational,
civic or other not-for-profit community organizations located within
the Village are required to obtain licenses for activities regulated
by this article but shall, upon submission of documentation to the
Village Board verifying that the proceeds derived from such activities
will go to and be used by such organization for charitable or not-for-profit
purposes, be exempt from the payment of the license fee.
Upon receipt of an application for a license, the Village Clerk
shall refer such application to the Building Inspector/Code Enforcement
Officer for investigation to determine whether the applicant meets
the requirements of this article.
No license shall be issued by the Village Clerk until the Building
Inspector/Code Enforcement Officer has determined that:
A. The applicant has provided a valid copy of a food service permit
issued by the Monroe County Department of Health.
B. The applicant has provided a binder, endorsement or unconditional
certificate of insurance (or other proof of insurance satisfactory
to the Village Attorney) clearly providing for comprehensive general
liability coverage, naming the Village of Churchville as additional
insured, for combined single limits of no less than $1,000,000 per
occurrence and $1,000,000 general aggregate. The same shall provide
that no cancellation or material modifications shall occur except
upon 30 days' prior written notice to the Village.
C. The applicant has submitted proof of compliance with the Fire Prevention
Code requirements acceptable to the Building Inspector/Code Enforcement
Officer in the event that a liquefied propane gas tank, heat-producing
device or any open flame is to be used in conjunction with the applicant's
food vending.
D. The location of the proposed food vending operation, or the location
of any sidewalk cafe, will not interfere with pedestrian or vehicular
traffic or with access to or egress from any building and will not
otherwise be detrimental to the public health and safety. The Building
Inspector/Code Enforcement Officer shall, in the case of any location
on a Village sidewalk, park or other public area, meet with the applicant
to identify and mark the exact location for the food vendor or sidewalk
cafe operation.
E. There is adequate provision for parking and seating.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. The fee for licenses issued under this article shall be as set by
resolution of the Village Board for seasonal licenses, community event
licenses and sidewalk cafe licenses.
B. Unless sooner revoked, seasonal and sidewalk cafe licenses shall
expire on December 31 each year, regardless of when issued. Community
event licenses shall be valid only for the dates for which the license
is issued.
C. Licenses are not assignable.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every vendor shall affix to his vehicle, pushcart or stand,
in a conspicuous place where the same may be plainly seen at all times,
the license issued, bearing an identification number and the year
of the issuance of such license. In the case of sidewalk cafes, the
license shall be displayed in a conspicuous place on the building
to which such space is adjacent.
The Village Board may, by resolution, limit the number of vendors
to be permitted on or in Village sidewalks, parks and public areas
and the locations within which vendors' stands, carts or vehicles
are permitted. In the case of applications in excess of any such limits,
preference shall be given to residents of the Village and owners or
operators of businesses within the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any license issued pursuant to the provisions of this article
may be revoked by the Village Clerk upon notice and hearing for any
of the following causes:
A. The Village Clerk has been advised by the Department of Health that
such vendor has violated any of the provisions of applicable state
or county laws, codes or regulations.
B. A false or fraudulent statement is contained in the application for
any license.
C. A false or fraudulent statement is made in connection with the selling
of any food item.
D. The vendor violates any provision of this article.
Any person violating any of the provisions of this article shall be punishable as provided in Chapter
1, Article
II, General Penalty, of the Village Code.