[Adopted 11-28-2016 by L.L. No. 5-2016]
As used in this article, the following terms shall have the
meanings indicated:
A commercially manufactured and/or fabricated trailer for
the purpose of commercial food preparation and sales and which is
self-contained and is towed/transported from site-to-site via a motorized
vehicle, in which ready-to-eat food is cooked, wrapped, packaged,
processed or portioned for service, sale or distribution.
A commercially manufactured, self-contained, motorized mobile
food unit in which ready-to-eat food is cooked, wrapped, packaged,
processed or portioned for service, sale or distribution.
The owner of a mobile food trailer/mobile food vehicle or
the owners agent; hereinafter referred to as "vendor."
A.
It shall be unlawful for a mobile food trailer; or a mobile food
vehicle to park, stand or operate on a public street or place which
is adjacent to or within a fifty-foot radius, or a thirty-foot radius
if on private land, of the nearest edge of any building or section
of a building comprising a licensed food establishment, excluding
any patio, awning or temporary enclosure attached thereto, the kitchen
of which is open for serving food to patrons. This requirement may
be waived if the application is submitted together with the written
consent of the proprietor of the adjacent licensed food establishment.
B.
It shall be unlawful for a mobile food trailer or a mobile food vehicle
to park, stand or operate in a location where by virtue of the designated
parking configuration, the vehicle cannot park parallel to the curb
or right-of-way without express written permission of the Medina Police
Department.
C.
Mobile food trailers and vehicles may not operate on a street for
a period longer than the standard business hours allow. It shall be
unlawful for a mobile food trailer or vehicle to remain parked or
standing on a street when not in operation selling food without the
express written consent of the Medina Police Department.
D.
Every MFTV/MFW must at all times carry on the vehicle a measuring
device with a capacity of not less than 50 feet as a condition of
its permit.
E.
All mobile food trailer and vehicle vendors must abide by all parking
and vehicle and traffic laws, ordinances, rules and regulations at
all times, except that a mobile food trailer or mobile food vehicle
that is of such a length that it occupies all or a portion of two
vehicle parking spaces may park in said spaces so long as they abide
by all other parking restrictions, including any hour maximum duration
requirements in force and effect at that time and location.
F.
It shall be unlawful for any mobile food trailer or mobile food vehicle
to operate within 50 feet of the boundary line of any fair, carnival,
circus, festival, special event or civic event that is sanctioned
or licensed by the Village of Medina except with the express written
permission of the Medina Police Department.
G.
All signage shall be permanently affixed to the mobile food trailer
or vehicle. No accessory signage shall be placed outside or around
the trailer or vehicle.
H.
All mobile food trailers and mobile food vehicles shall be equipped
with trash receptacles of a sufficient capacity that shall be changed
as necessary to prevent overflow or the creation of litter of debris.
I.
A mobile food vendor shall not conduct activities in such a manner
as will interfere with a pedestrian or vehicular use of the public
streets and places.
J.
A mobile food vendor shall not directly or indirectly cause or permit
the public streets and places to be littered with papers, wrappings
or any other debris or refuse.
K.
A mobile food vendor shall make no false statements or representations
in the course of his activities and shall conduct himself at all times
in an orderly and lawful manner; nor shall be use or blow upon or
ring any sound instrument or thing or shout or cry out for the purpose
of attracting attention to his wares or giving notice of his approach.
L.
A mobile food vendor shall not sell any confectionery or ice cream
within 250 feet of any school property between the hours of 8:00 a.m.
and 4:00 p.m. on any school days.
It shall be unlawful for any person, firm or corporation to
conduct or operate or permit to be conducted or operated a mobile
food trailer or mobile food vehicle within the Village of Medina without
first obtaining a license from the Village of Medina Police Department.
All licenses shall be nontransferable. The mobile food vendor shall
exhibit the same at any time upon demand by the Village of Medina
Police Department or any other officer of the Village. Said license
shall be obtained in full at least 10 days before the first operation
of the mobile food vending business.
The fee for the license required by this article shall be as
determined by the Village of Medina Board of Trustees. The amount
of the fee may be amended from time to time by Resolution.
Any vendor carrying, keeping or using scales, measures or other
appliances for weighing or measuring shall first have the same inspected
by the County Sealer of Weight and Measures; and if the latter shall
find such appliances correct and true, he shall issue his certificate
to that effect, and such certificate shall be affixed thereto in a
conspicuous place. A vendor shall not carry, keep for use or use any
such appliances which shall not be correct and true and do not give
a record and give the weight and quality claimed by said vendor.
A.
The application for the license shall include a statement verified
by the person or persons who are to conduct such mobile food vending
business, and if a corporation, by the president and treasurer thereof,
containing the following information:
B.
The full name and address of each of such persons and, if a corporation,
the state under the laws of which it is organized, the exact location
of its principal office and place of business and the names and addresses
of its officers.
C.
The location(s) within the Village of Medina where such mobile food
vending business is to be conducted.
D.
The date on which such person intends to begin doing business within
the Village of Medina.
E.
Proof of all applicable licenses, inspections and insurance, including
liability insurance for the MFT or MFV.
F.
The sales tax number issued to the applicant by the New York State
Department of Taxation and Finance.
G.
A brief description of the firm and the kinds of food the applicant
desires to sell.
No person shall conduct a mobile food vending business within the Village of Medina at any place or places other than that named in the statement filed with the Village of Medina Police Department pursuant to § 178-35 herein.
In the event that any person fails to begin the conduct of any mobile food vending business at the place specified in the statement filed pursuant to § 178-35, within 90 days after the filing of such statement, such person shall not thereafter conduct any such mobile food vending business within the Village of Medina until a new license application, duly verified and containing the information set forth in said section has been filed with the Village of Medina Police Department and a new license has been issued.
Any license may be revoked by the Village of Medina Police Department
or any other officer, investigator, or other person designated by
the Village, if the holder fails to comply with any of the sections
contained in this article, or if it is found that the holder has made
a false statement in their application.
Criminal penalty. Any person who violates any provision of this
article shall, upon conviction thereof, be subject to a fine not less
than $250 or to exceed $500, or to imprisonment for a term not to
exceed 15 days or both.
The purpose of this article is to assist in the government of
the Village of Medina, the management of the business, the preservation
of good and order and the peace, health, safety and welfare of its
inhabitants and the protection and the security of their property.
