For purposes of this chapter, the following terms shall have
the meanings indicated:
MOBILE FOOD VEHICLE
A self-contained cart, trailer, or motorized vehicle in which
ready-to-eat food is prepared, cooked, wrapped, packaged, processed
or portioned for service, sale, or distribution.
The provisions hereof shall not apply to the following:
A. Vendors operating in a municipal park or on municipal property during
a recognized festival or special event, including, but not limited
to, fireworks displays, fishing tournaments, and Alumni Weekend.
Any person desiring to operate a mobile food vehicle shall make
a written application for such license to the Code Enforcement Officer,
on forms provided by the Town Clerk, which shall include the following:
A. Name, signature and address of each applicant and each corporate
officer of the mobile food vehicle vending corporation.
B. A valid copy of all necessary licenses, permits or certificates required
by the County of Chautauqua, the State of New York or any subsidiary
enforcement agencies or departments thereof, including, but not limited
to, a valid New York State Department of Motor Vehicles registration
and certificate of inspection and valid driver's licenses of
all vehicle operators.
C. A signed statement that the vendor shall hold harmless the Town and
its officers and employees for any claims for damages to property
or injury to persons which may be occasioned by any activity carried
on under the terms of the license.
D. Insurance.
(1) The vendor shall furnish a certificate of insurance evidencing that
the vendor possesses and maintains such public liability, food products
liability, and damage to property or bodily injury, including death,
which may arise from the operations under the license or in connection
therewith. Such insurance shall provide coverage of not less than
$1,000,000 per occurrence. The policy shall further provide that it
may not be canceled except upon 30 days' written notice served
upon the Town of Westfield. A license issued pursuant to the provisions
of this section shall be invalid at any time the insurance required
herein is not maintained and evidence of continuing coverage is not
filed with the Town of Westfield.
(2) In addition to the above-required certificate of insurance, the vendor
shall also endorse, maintain and include the Town as an additional
named insured on its underlying business commercial general liability
policy.
Every mobile food vehicle vending license shall be subject to
the following conditions:
A. The license shall expire on April 1 of every year.
B. The license shall not be transferable from person to person.
C. The license is valid only for the vehicle for which it was issued.
Should any person affected by this chapter suffer an unnecessary
hardship in the carrying out of the strict letter of this chapter,
such person may apply to the Planning Board in writing for a variance
from strict compliance with this chapter, with proof of such unnecessary
hardship. For the purposes of this chapter, unnecessary hardship shall
not be the mere delay in being permitted to make an application or
waiting for a decision on the application for a permit.