[HISTORY: Adopted by the Common Council of the City of Oswego 3-27-2017 by L.L. No. 1-2017. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
following meanings as indicated:
Any raw, cooked, frozen or processed edible substance or
beverage, including, but not limited to, ice cream, ice cream products
or frozen desserts.
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.
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.
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.
All City-owned parks.
All publicly owned roads, streets, public highways, sidewalks,
parks, marinas, waterfronts, plazas, walks, parking lots and publicly
owned lands.
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.
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.
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.
A motor vehicle or trailer, as defined by the Vehicle and
Traffic Law of the State of New York.
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.
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.
A.
Every food vendor, before he or she may vend within the limits of
the City of Oswego, must first lawfully obtain, pay for, and have
in full force and effect, a food vendor's permit obtained in
accordance with the provisions of this chapter.
B.
Such license shall not be transferable or assignable by or from the
food vendor to whom it is issued.
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.
The permit shall only be issued by the City Clerk after the applicant
has complied with all of the following:
(1)
The applicant has obtained a statement from the Commissioner of the
Oswego County Health Department advising that the applicant meets
the requirements of the Oswego County Health Department for the vending
of food.
(2)
The applicant has obtained a statement from the Oswego City Police
Department that the applicant has not been convicted of a crime related
to conduct that would make the applicant unfit to be a food vendor.
(3)
The applicant has submitted a statement signed by the applicant agreeing
to indemnify and hold harmless the City of Oswego, its agents, officers
and employees thereof for any and all claims, suits or actions of
any name, nature or description brought against the City of Oswego,
its officers, employees or agents on account of injuries, death or
damages to persons or property received, sustained, or alleged to
be received or sustained by any person or persons arising out of the
permit issued hereunder or from any permit or permission grant to
the food vendor to operate within the limits of the City of Oswego.
(4)
The applicant has submitted proof of a general liability insurance
policy, including products liability and bodily and property damage
coverage, in a form acceptable to the City of Oswego and the City
Attorney, with coverage in effect for the duration of the permit,
insuring the applicant and naming the City of Oswego as an additional
insured under such coverage. Such insurance shall provide coverage
of not less than $300,000 single limit and shall provide that the
policy shall not be terminated or canceled without 30 days' written
notice to the City Clerk.
(5)
The applicant has submitted written approval from the Fire Chief,
in the event that the applicant uses a propane tank while operating
as a food vendor, that the tank meets all applicable safety standards
for propane tanks and the use thereof in public space.
(6)
The applicant has submitted proof to the City Clerk that the New
York State Department of Taxation and Finance has issued to the applicant
a certificate of authority to the applicant for the collection of
sales tax in connection with the applicant's vending operation.
B.
No such permit shall be granted to or renewed for an applicant who
is in violation of any City of Oswego code, ordinance or local law
(hereinafter "violations") or who owes property taxes, water or sewer
fees, special assessments, fines for violations of City ordinances
or any other fees or past-due monies of any name or nature owed to
the City of Oswego (hereinafter "unpaid monies").
(1)
The applicant shall have the burden of providing proof, in a form
acceptable to the Department, that there are no such violations or
unpaid monies.
(2)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by the applicant or are personal to the applicant.
(3)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this chapter.
(4)
Such permit, once granted, shall be revoked in the event that the
applicant accrues violations or unpaid monies, or violations or unpaid
monies are discovered, after the permit is granted. The revocation
shall take effect five business days after receipt by the permit holder
of notice from the City of Oswego of the pending revocation. Upon
such revocation, all permitted activities and privileges shall immediately
cease.
(5)
No application fees shall be refunded upon revocation of the permit.
(6)
The applicant must reapply for the issuance of such revoked permit
by submitting a new application and paying all necessary application
fees, and any such permitted activities or privileges may only be
resumed once a new permit has been granted.
(7)
All requirements set forth herein shall also apply to nonperson entities,
and such permit or renewal thereof shall be denied to an entity, or
revoked, if a person with a substantial interest in such entity owes
such unpaid monies or has accrued such violations. A "person with
a substantial interest" shall mean an ownership interest of more than
10% of, membership on the governing board of, holding an office in,
or holding the ability to cast or control more than 10% of the votes
in, such entity.
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.
A.
Permits may be issued for one day or one year in duration.
B.
Permits issued for one day in duration shall be valid only for the
date for which the permit is issued and shall expire at the end of
the day on the date for which it was issued.
C.
Permits issued for one year shall expire on December 31 of the year
in which it is issued, unless sooner revoked as herein provided.
D.
The day and annual permit fee shall be nonrefundable and nontransferable.
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.
A.
No food vendor shall conduct business at the following locations:
(1)
Within 10 feet of a sidewalk corner.
(2)
Within the extension of a door or entrance to the curb and perpendicular
to said doorway or entrance a distance of 10 feet.
(3)
Within the extension of a doorway or entrance to the curb and perpendicular
to the said extension a distance of 100 feet whenever said doorway
or entrance is to a diner, restaurant, bakery, or other similar establishment
for the consumption of food on site or for the sale of processed,
prepared, baked, or otherwise cooked food situated on the main floor
of said building.
(4)
At locations not approved by the Common Council for vending.
(5)
At a location other than that for which the vendor has been issued
a permit to vend.
(6)
At the Farmer's Market, Harborfest, Pumpkin Fest, Fourth of
July parade or other City-sponsored event during such event, unless
the vendor has obtained specific permission to do so from the Common
Council and such permission appears in writing in the vendor's
permit.
B.
All vendors conducting business from a vehicle, pushcart, stand,
tent or mobile vendor stand must regularly pick up all papers, cartons,
rubbish or any debris or trash in any form which is deposited within
a radius of 25 feet from the vehicle, pushcart, stand, tent or mobile
vendor stand which has not been properly disposed of in an appropriate
trash container.
C.
Each vendor conducting business at a public place or a park shall
maintain a suitable waste container adjacent to the vendor's
vehicle, pushcart, stand, tent or mobile vendor stand for the placement
of litter by customers and shall duly dispose of said litter in accordance
with the City's Solid Waste Ordinance.[1]
D.
No vehicle, pushcart, stand, tent or mobile vendor stand that is
used by a licensed food vendor shall occupy more than 200 square feet
of an area except for greater areas which may be approved by the Chief
of Police.
E.
No vendor shall carry on the vendor's business in a loud or
boisterous manner, advertise wares by calling or shouting, or advertise
wares by ringing any gong or bell or playing or causing to be played
any mechanical or electrical musical sound device while the vendor's
vehicle, pushcart, stand, tent or mobile vendor stand is in a stationary
position.
F.
No food vendor shall ring any gong or bell or cause to be played
any mechanical or electrical musical sound device to advertise wares
or to aid in the vendor's business in any street, lane or alley
or upon any sidewalk or upon any plaza, steps or platform immediately
adjoining any street, lane or alley in the City between 9:30 p.m.
and 9:00 a.m. of the following day.
G.
All vendors shall obey the direction of any City employee, acting
within the scope of his or her employment and at the request of the
City Clerk, the Commissioner of the Department of Public Works or
a police officer, that a vendor shall temporarily relocate to another
location, delay setting up or opening for business or temporarily
suspend operations, in order to accommodate a parade, funeral or other
activity or City-sponsored event as directed by such employee or police
officer. Failure to follow and obey the direction of said City employee
or police officer shall constitute grounds for the immediate suspension
of the vendor's license for a period of seven days, upon reasonable
notice. The vendor shall have a right to request a hearing conducted
by the City Attorney's office, to be conducted as an administrative
hearing. Vendors further shall not operate during the regularly scheduled
Farmer's Market on that part of West First Street allocated to
the Farmer's Market, in East Park during Pumpkin Festival, during
the Fourth of July parade on the streets of the City of Oswego, or
in venues used during Harborfest without obtaining separate special
permits to operate at such events or venues.
H.
No vendor shall attach or have attached any flashing or revolving
light or lights on a vehicle used in aid of the vendor's business,
except those permitted by law.
I.
No vendor shall sell or serve alcoholic beverages as part of his
or her operation as a vendor pursuant to a permit issued pursuant
to this chapter.
J.
Permits will be issued for specific locations as set forth on a map designating such locations, which shall be entitled "Food Vending Locations Map," which map shall be approved by the Common Council and prepared by the Engineering Department with the advice of the City Attorney, the Chief of Police, the Fire Chief and the Commissioner of the Department of Public Works. The Common Council may change the locations approved for vending from time to time as it deems appropriate. To the extent that the locations set forth on said map contradict the limitations set forth in § 180-5E, the locations permitted in said map shall be controlling.
K.
Mobile food vendors must vend their food from the mobile vendor stand.
No mobile food vendor may vend from and/or store its equipment, food
or other articles on the sidewalk or road or street next to the mobile
vendor stand.
L.
Food vendors must vend their food from their pushcart, stand or park
concession stand. No food vendor may vend from and/or store its equipment,
food or other articles on the sidewalk or road or street next to the
pushcart, stand or park concession stand.
M.
Food vendors and mobile food vendors must move their vehicle, pushcart,
stand, tent or mobile vendor stand from its location each and every
night at 9:00 p.m. and such vendor or mobile food vendor shall not
be permitted to store its vehicle, pushcart, stand, equipment, food
or other articles on the sidewalk or road overnight.
N.
Vendors and mobile food vendors must at all times comply with all
applicable state and local traffic laws and codes and other applicable
federal, state and local laws.
O.
Vendors may apply to the Common Council for permission to extend
operating hours past 9:00 p.m. or before 9:30 a.m. and may only operate
during extended hours if approved by the Common Council.
P.
The City Clerk shall mark each permit with the permitted hours of
operation.
Q.
If more applications are submitted for a specific location than there
are spaces allocated by the Common Council, then the City Clerk shall
hold a lottery to choose which applications shall be accepted.
R.
Use of generators shall be allowed if approved by the Chief of Police
as to size, placement and amount of noise created.
A.
Any permit issued to the provisions of this chapter may be revoked
by the City Clerk, upon reasonable notice and hearing to be conducted
by the City Attorney's office, for any one of the following causes:
(1)
The City Clerk has been advised by the Oswego County Health Department
that such vendor has violated any provisions of any New York State
or Oswego County health code law, rule or regulation.
(2)
The vendor made a false or fraudulent statement in the application
for the permit.
(3)
The vendor makes a false or fraudulent statement in connection with
the selling of any food item.
(4)
The vendor violates any provision of this chapter.
B.
There shall be no reimbursement, adjustment or proration of fees
for a revoked 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.
