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Town of Kent, NY
Putnam County
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Table of Contents
Table of Contents
[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:
APPLICATION
The form and supporting information or documentation prescribed by the Town Board seeking the issuance of a food truck permit.
FOOD TRUCK
A vehicle from which food for human consumption is sold or dispensed. Such vehicle may be self-propelled or towed by another vehicle.
FOOD TRUCK PERMIT
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.
FOOD TRUCK PERMIT, SECONDARY
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.
LOCATION
The particular physical site, approved by the Town Code Enforcement Officer, where the food truck shall be parked and operated during permitted hours.
VETERAN
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. 
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. 
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. 
Permits shall be issued from April 1 to March 31.
[Amended 2-19-2019 by L.L. No. 2-2019]
D. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
Food trucks may be operated during the hours of 5:00 a.m. through 9:00 p.m. on any given day.
B. 
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. 
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. 
Conviction of three violations of any provision of this chapter shall result in the immediate revocation of the food truck permit.