As used in this chapter, the following terms shall have the
following meanings as indicated:
FOOD
Any raw, cooked, frozen or processed edible substance or
beverage, including, but not limited to, ice cream, ice cream products
or frozen desserts.
FOOD VENDOR
A person, general or limited partnership, corporation or
limited-liability company or other entity recognized by law that hawks,
peddles, sell or offers for sale food at retail in any public space.
This definition shall include a mobile food vendor.
MOBILE FOOD VENDOR
A person, general or limited partnership, corporation or
limited-liability company or other entity recognized by law that hawks,
peddles, sells or offers for sale food at retail from a mobile vendor
stand in a public space.
MOBILE VENDOR STAND
Any vehicle, trailer or stand required to be registered with
the New York State Department of Motor Vehicles, designed to be operated
on a road, street or public highway and not permanently attached to
the ground, that is used by a mobile food vendor for displaying, keeping
or storing any food or article required by a mobile vendor while acting
as such a vendor.
PARK
All City-owned parks.
PUBLIC SPACE
All publicly owned roads, streets, public highways, sidewalks,
parks, marinas, waterfronts, plazas, walks, parking lots and publicly
owned lands.
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 New York State Department of Motor Vehicles.
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 by the food vendor
while acting as such food vendor and which does not require registration
by the New York State Department of Motor Vehicles.
TENT
A portable shelter made of cloth, plastic or other covering
material supported by one or more poles and stretched tight and/or
supported or suspended by one or more ropes, poles, rods or loops,
including unattached and/or suspended structures and structures attached
to the ground by cords or loops attached to pegs driven into the ground.
VEHICLE
A motor vehicle or trailer, as defined by the Vehicle and
Traffic Law of the State of New York.
VEND
To hawk, peddle, sell or offer to sell food, at retail, in
a public space, park or from a mobile vendor stand, delivered upon
consummation of purchase.
VENDOR
Food vendor and/or mobile food vendor.
The purpose of this chapter is to allow the City of Oswego to
regulate food vendors to ensure that food vendors operating in public
space, and/or who operate at any events in the City of Oswego, including
at its many festivals and public events, do so in a safe and orderly
manner in approved locations, and in a manner which promotes the health
and safety of the residents of, and visitors to, the City of Oswego.
Application for a permit hereunder shall be made to the office
of the City Clerk of the City of Oswego by the food vendor, on forms
to be furnished by the City Clerk. The applicant shall provide its
name, address and telephone contact number, and the applicant shall
provide such other appropriate health and safety information as the
City Clerk may reasonably require. The applicant shall notify the
City Clerk of any change in such information during the permit period
and shall provide such changed information to the City Clerk.
A separate permit shall be required for each vehicle, pushcart,
stand or vendor selling without vehicle, pushcart or stand, and for
each location where the vendor operates.
The fees for day and annual permits issued under this chapter
shall be set by the Common Council of the City of Oswego and may be
changed at the discretion of the Common Council. The lowest permit
fee shall be set for vendors without a tent or propane tank. The Common
Council may set higher fees for vendors with propane tanks or tents,
and a higher fee for vendors with both a propane tank and a tent or
mobile vendor stand. The Common Council may also set fees based upon
the desirability of the location or the number of people likely to
attend the event.
While vending within the limits of the City of Oswego, every
food vendor and mobile food vendor shall affix the original permit
to the vendor's vehicle, pushcart, stand, tent, mobile vendor
stand or park concession stand in a conspicuous place where the permit
may be reasonably visible to patrons, law enforcement officials and
fire and safety personnel during the term of the said permit.
Any person, vendor or entity who violates any provisions of
this chapter shall be guilty of an offense and shall, upon conviction
in Oswego City Court, be subject to a fine of not less than $100 nor
more than $250 for the first offense, not less than $250 nor more
than $500 for the second offense, not less than $500 nor more than
$1,000 for the third offense and $1,000 for each offense thereafter.
This chapter shall take effect immediately upon filing with
the Secretary of State.