[HISTORY: Adopted by the Town Board of the Town of Kent 12-4-2018 by L.L. No. 3-2018. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The form and supporting information or documentation prescribed
by the Town Board seeking the issuance of a food truck permit.
A vehicle from which food for human consumption is sold or
dispensed. Such vehicle may be self-propelled or towed by another
vehicle.
The permit or license issued by the Town Clerk which shall
be proof that a particular food truck has met the qualification requirements
and that the location endorsed thereon has been approved by the Town
for the purpose stated therein.
A second permit which may be issued to an existing food truck
permit holder which would allow such permit holder to locate his or
her food truck at a secondary location on municipally owned property.
The particular physical site, approved by the Town Code Enforcement
Officer, where the food truck shall be parked and operated during
permitted hours.
Any veteran of the United States military service or coast
guard who has been discharged from service for other than cause. Any
veteran applicant shall submit a copy of his or her Form DD-214 as
part of the application package.
A.Â
No more than one permit shall be issued to any individual or qualifying business entity except as set forth in § 39B-2F herein.
[Amended 2-19-2019 by L.L. No. 2-2019]
B.Â
Such permit shall be issued to an applicant who has completed the
requisite application on the prescribed form provided by the Town
Clerk, paid the requisite fee(s) and provided such additional information
as may be required in the application, including, but not limited
to, proof of general liability insurance with limits of liability
not less than $1,000,000 per occurrence; current vehicular registration,
inspection and insurance; proof of permission to locate the food truck
at the particular location; and, in the case of prepared food sales,
a current food vendor's permit issued by the Putnam County Department
of Health. The Town of Kent shall be listed as an additional insured
on the policy of general liability insurance.
C.Â
Permits shall be issued from April 1 to March 31.
[Amended 2-19-2019 by L.L. No. 2-2019]
D.Â
The annual fee for a food truck permit shall be set by the Town Board
and included in the annual fee schedule adopted by the Town Board,
as the same may be amended from time to time. Any permit issued after
October 1 shall be 1/2 of the annual permit fee and shall run for
the balance of the calendar year. Any permit issued to a veteran shall
be exempt from the payment of the annual fee. To be exempt from the
payment of the requisite permit fee, such veteran shall actually be
engaged in the operation of the food truck and shall be present at
the location at all times the food truck is in operation.
[Amended 2-19-2019 by L.L. No. 2-2019]
E.Â
Food truck permit holders and any employee(s) shall be issued a photographic
identification card by the Town of Kent. Such identification shall
be maintained on the person of the permit holder and employee at all
times that the food truck is in operation and shall be open to the
inspection by the Town Code Enforcement Officer.
F.Â
Secondary permits shall be made available to existing food truck
permit holders who wish to provide food vending services on municipally
owned properties on a monthly, weekly or daily basis. Such secondary
permits shall only be issued to existing food truck permit holders.
The fee for such secondary permit shall be set forth in the annual
fee schedule, as the same may be amended from time to time.
G.Â
Notwithstanding the foregoing, any licensed or permitted food truck
shall be allowed to operate on private property within the Town at
a specific function and at the specific request by such private property
owner for the purpose of catering or providing food service for such
special function.
A.Â
Except as otherwise provided for herein, a food truck permit shall
allow the holder thereof to conduct the business vending food from
a specific, stationary location. Such location shall be on private
property or within or on a public thoroughfare or right-of-way. No
vending or soliciting of food sales shall occur by the permittee at
any location within the Town other than that which is declared on
the permit.
B.Â
A permitted location shall be within a commercially zoned area and
shall be subject to the prior approval of the Town Code Enforcement
Officer to ensure that such location is safe for use by both vehicles
and pedestrians.
C.Â
An applicant for a food truck permit shall provide proof, in writing,
signed by the owner of the particular location or, with respect to
state, county or other municipal thoroughfares, signed by the authorized
permitting authority, that the applicant has permission to park or
locate the food truck at that particular location. Such document shall
be signed and acknowledged before a notary public.
D.Â
A permitted location shall have an improved parking area and shall
have not less than two parking spaces available for patron use.
[Amended 2-19-2019 by L.L. No. 2-2019]
E.Â
A permitted location shall not be closer than 500 feet to any existing
restaurant, delicatessen, fast food establishment, or other food service
establishment (collectively, "food establishment") during the hours
of operation of such existing food establishment without the express
written consent of the existing food establishment.
[Amended 2-19-2019 by L.L. No. 2-2019]
F.Â
There shall be no outdoor seating or other accommodation for on-site
consumption of food or other vended products. The food truck permit
holder shall provide adequate refuse receptacles for patron use and
shall provide that refuse deposited therein is removed from the permitted
location on a daily basis.
A.Â
Food trucks may be operated during the hours of 5:00 a.m. through
9:00 p.m. on any given day.
B.Â
Food trucks shall be removed from the permitted location within one
hour after closing and shall not be returned to the permitted location
more than one hour before the permitted opening time on any given
day. There shall be no overnight parking of food trucks at any permitted
location.
A.Â
Any person who violates any provision of this chapter shall be guilty
of an offense and upon conviction thereof shall be subject to a fine
of not less than $100 nor more than $250 for each violation, or by
imprisonment not exceeding 15 days, or both such fine and imprisonment.
B.Â
Conviction of three violations of any provision of this chapter shall
result in the immediate revocation of the food truck permit.
