[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 4-27-2015 by L.L. No. 3-2015; amended in its entirety 10-24-2016 by L.L. No. 7-2016. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 325.
The purpose of this chapter is to promote and protect the health,
safety and general welfare of the Village of Lancaster and its residents.
The following phrases shall have the meanings set forth:
A mobile food unit, either self-powered or towed, other than
a work site concession vehicle, from which prepared food is offered
for sale to the public.
The act of vending prepared food through the utilization
of a mobile food vehicle.
Mobile food vending limited to serving the owners, occupants and guests of just a single dwelling, as "dwelling" is defined at § 350-84 of this Code; an elementary or secondary school; a real estate or insurance office; an art, dance, music or photographic studio; an optician or optometrist office; a fire station with or without club facilities; a meeting room for a lodge or fraternal organization; a medical building; or a nursing home.
A building where meals are served to customers.
A motor vehicle with a maximum gross weight as reflected
upon its registration of not more than 8,600 pounds in which food
is not cooked, baked, grilled, broiled or fried.
No mobile food vehicle shall be used for mobile food vending
unless a permit issued pursuant to the provisions of this chapter
shall first have been obtained, which permit shall at all times be
displayed in a conspicuous location that is visible from the outside
of the vehicle.
The owner of a mobile food vehicle who wishes to engage in mobile
food vending within the Village of Lancaster shall make a written
application to the Village Clerk for one or more mobile food vehicle
permits on a form provided by the Village Clerk. The application for
such permit(s) shall be signed and dated by the owner or by a corporate
officer of the owner, shall identify the signor and shall include
the following:
A.
Name, address and telephone number of each owner of the mobile food
vehicle and in the case of a corporate owner the name, address and
telephone number of each corporate officer.
B.
As to each mobile food vehicle for which a permit is requested, a
valid and current Erie County Department of Health certification of
a successful health inspection as to both the vehicle to be used and
the facility whereat food is prepared.
C.
As to each self-powered mobile food vehicle for which a permit is
requested, a valid insurance certificate and New York State Department
of Motor Vehicles registration and certificate of inspection.
D.
As to each mobile food vehicle for which a permit is requested, a
valid and current certification of a successful fire inspection conducted
within the prior 12 months by the County of Erie, by a municipality
or fire department within Erie County or by the Village of Lancaster
Fire Inspector.
E.
A signed statement that the vendor shall indemnify and hold harmless
the Village and its officers and employees for any claims for damage
to property or injury to persons which may be occasioned by any activity
carried on under the terms of the permit.
[Amended 12-12-2022 by L.L. No. 6-2022]
As to each permit application, the fee and renewal fee for a
mobile food vending permit shall be as set by resolution of the Lancaster
Village Board.
Any permit issued pursuant to the provisions of this chapter
may be revoked by the Village Clerk for any of the following causes.
Upon taking such action, the Village Clerk shall notify the Village
Board and Village Code Enforcement Officer.
A.
There has been a development, or information has been discovered,
which affects the correctness of information provided at the time
the permit application was submitted.
B.
The Erie County Commissioner of Health has advised that such vendor
has violated any of the provisions of law or the Sanitary Code of
Erie County.
[Amended 12-12-2022 by L.L. No. 6-2022]
Each of the following regulations shall apply to mobile food vending unless: 1) it is conducted in conjunction with an event that is conducted by the Village or conducted in conjunction with an event for which a special event permit has been issued pursuant to Chapter 285, Special Events, and 2) the regulation is expressly waived, in writing, by the Code Enforcement Officer of the Village of Lancaster:
A.
It shall be unlawful for a mobile food vendor to conduct business
in a location within 100 feet of the primary entrance of a restaurant
that is open to the public. This requirement shall be waived if written
permission for the mobile food vending operation is first obtained
from the owner of the restaurant.
B.
Within nonresidential zoning districts, it shall be unlawful for
a mobile food vendor to conduct business at a single location within
a public right-of-way for a duration exceeding three hours.
C.
Other than at a time when and place at which a block party sanctioned by the Lancaster Village Board or a "private catered event" is being held, it shall be unlawful for a mobile food vendor to conduct business at a single location upon a public right-of-way within a residential zoning district for a duration exceeding 40 minutes. In the case of a block party sanctioned by the Lancaster Village Board, it shall be unlawful for a mobile food vendor to conduct business at a single location upon a public right-of-way within a residential zoning district for a duration exceeding the duration of the block party. In the case of a "private catered event," it shall be unlawful for a mobile food vendor to conduct business at a single location upon a public right-of-way within a residential zoning district for a duration of more than two hours or as permitted by § 209-8M of this chapter, whichever is less.
D.
At all times, mobile food vendors must abide by all applicable federal,
state and local statutes and ordinances.
E.
All signage associated with a mobile food vendor must be permanently
affixed to the mobile food vehicle. No accessory signage shall be
placed outside or around the mobile food vehicle.
F.
All mobile food vendors must provide trash receptacles of sufficient
capacity to contain all trash and waste generated in association with
the business of the mobile food vendor. All waste and trash shall
be placed in the trash receptacles. All trash, waste, litter and debris
shall be removed from the site of the vending operation at the end
of each daily operation.
G.
It shall be unlawful to discharge liquid waste, fats, oils or grease
on the land. Such discharges shall be held in appropriate containers
and then disposed of in a legally permissible manner.
H.
Mobile food vendors shall not conduct operation from a site that
contains a gasoline service.
I.
When parked on a public right-of-way, products shall not be dispensed
from the street side of the mobile food vehicle.
J.
A self-powered mobile food vehicle shall not be operated in reverse
in order to attempt or make a sale.
K.
Mobile food vending shall not be conducted within 60 feet of an intersection.
L.
It shall be unlawful for any mobile food vehicle vendor to operate
within 500 feet of the boundary line of any fair, carnival, circus,
festival, special event or civic event that is licensed or sanctioned
by the Village, except when the vendor has obtained a permit to so
operate from the appropriate authority of the Village of Lancaster.
Permission may be conditioned upon the payment of fees charged other
vendors with respect to such event.
M.
Other than as permitted by § 209-8C with respect to a block party sanctioned by the Lancaster Village Board, mobile food vending shall not be conducted before 7:00 a.m. or after 11:00 p.m., except that mobile food vending shall not be conducted before 9:00 a.m. or after 8:00 p.m. in Zoning District R-1, R-2 or R2A.
A.
A mobile food vehicle, while within the Village of Lancaster, may
be inspected at any time for violations of this chapter by any police
department or health inspector with jurisdiction within the Village
of Lancaster and by the Code Enforcement Officer of the Village of
Lancaster.
B.
Primary enforcement of the mobile food vending regulations contained
in this chapter shall be the responsibility of the Village of Lancaster
Code Enforcement Officer. If the Village of Lancaster Code Enforcement
Officer determines an issue to be a police matter, the Code Enforcement
Officer shall refer that issue to the Town of Lancaster Police Department.
The Code Enforcement Officer shall administer this chapter and be
authorized to issue appearance tickets for any violations of this
chapter.
A.
The penalty for engaging in mobile food vending without properly
obtaining and/or displaying a permit shall be $250 for the initial
offense within a twelve-month period and $1,000 for every subsequent
offense within said twelve-month period. A permit shall be revoked
after the second offense. One who is found guilty more than once within
a twelve-month period of engaging in mobile food vending without properly
obtaining a permit shall, in addition to applicable fines, be barred
from obtaining a permit for 24 months.
B.
Except for violations of the New York State Vehicle and Traffic Law, which shall be prosecuted as such, penalties for all other violations of this chapter not referenced in the preceding subsection shall be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of the Code of the Village of Lancaster.
