[HISTORY: Adopted by the Board of Trustees of the Village
of Albion 3-11-2020 by L.L. No.
1-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A commercially manufactured and/or fabricated trailer for
the purpose of commercial food preparation and sales and which is
self-contained and is towed/transported from site to site via a motorized
vehicle, in which ready-to-eat food is cooked, wrapped, packaged,
processed or portioned for service, sale or distribution.
A commercially manufactured, self-contained, motorized mobile
food unit in which ready-to-eat food is cooked, wrapped, packaged,
processed or portioned for service, sale or distribution.
The owner of a mobile food trailer/mobile food vehicle or
the owner's agent; hereinafter referred to as "vendor."
A.
It shall be unlawful for any person, firm or corporation to conduct
or operate or permit to be conducted or operated a mobile food trailer
or mobile food vehicle within the Village of Albion without first
obtaining a license from the Village of Albion Clerk's office.
All licenses shall be nontransferable. The mobile food vendor shall
exhibit the same at any time upon demand by the Village of Albion
Police Department or any other officer of the Village. Said license
shall be obtained in full at least two days before the first operation
of the mobile food vending business.
B.
It shall be unlawful for any person to operate a mobile food vehicle
on private property without first having obtained a valid license
as prescribed in this section. Operation of a mobile food vehicle
on private property shall be regulated in accordance with all applicable
provisions of the Village Code.
*All MFTs/MFVs/MVs involved with a special event approved by
the Village of Albion Board of Trustees are exempt from obtaining
a license.
The application for the license shall include a statement verified
by the person or persons who are to conduct such mobile food vending
business, and, if a corporation, by the president and treasurer thereof,
containing the following information:
A.
The full name and address of each of such persons and, if a corporation,
the state under the laws of which it is organized, the exact location
of its principal office and place of business and the names and addresses
of its officers.
B.
The location(s) within the Village of Albion where such mobile food
vending business is to be conducted.
C.
The date on which such person intends to begin doing business within
the Village of Albion.
D.
Proof of all applicable licenses, i.e., New York State Health Department,
inspections and insurance, including liability insurance for the MFT
or MFV.
E.
A brief description of the firm and the kinds of food the applicant
desires to sell.
F.
Proof demonstrating acknowledgement and consent of the property owner
to permit the vendor to operate on the site, signed by the property
owner to include the following:
(1)
A site plan, drawn to scale and with dimensions, indicating the location
of all existing buildings, structures, driveways, parking spaces,
and improvements, and the location or areas where the proposed vending
activity, structures and improvements related to the vending activity
will be located upon the site.
Any license may be revoked by the Village of Albion Police Department
or any other officer, investigator, or other person designated by
the Village, if the holder fails to comply with any of the sections
contained in this chapter, or if it is found that the holder has made
a false statement in their application.
The license herein provided for is not assignable. It may be
renewed at its expiration only upon the execution and approval of
a new application.
A.
It shall be unlawful for a mobile food trailer or a mobile food vehicle
to park, stand or operate on a public street or place which is adjacent
to or within a fifty-foot radius, or a thirty-foot radius if on private
land, of the nearest edge of any building or section of a building
comprising a licensed food establishment, excluding any patio, awning
or temporary enclosure attached thereto, the kitchen of which is open
for serving food to patrons. This requirement may be waived if the
application is submitted together with the written consent of the
proprietor of the adjacent licensed food establishment.
B.
Every MFT/MFV/MV must at all times carry on the vehicle a measuring
device with a capacity of not less than 50 feet as a condition of
its permit.
C.
All mobile food trailer and vehicle vendors must abide by all parking
and vehicle and traffic laws, ordinances, rules and regulations at
all times, including any hour maximum duration requirements in force
and effect at that time and location.
D.
It shall be unlawful for any mobile food trailer or mobile food vehicle
to operate within 50 feet of the boundary line of any fair, carnival,
circus, festival, special event or civic event that is sanctioned
or licensed by the Village of Albion.
E.
All signage associated with a mobile food vendor must be permanently
affixed to the mobile food vehicle. One additional sandwich sign is
licensed as long as the additional sign in no way obstructs vehicular
or pedestrian traffic.
F.
All mobile food trailers and mobile food vehicles shall be equipped
with trash receptacles of a sufficient capacity that shall be changed
as necessary to prevent overflow or the creation of litter or debris.
G.
A mobile food vendor shall not conduct activities in such a manner
as will interfere with a pedestrian or vehicular use of the public
streets and places.
H.
A mobile food vendor shall not directly or indirectly cause or permit
the public streets and places to be littered with papers, wrappings
or any other debris or refuse.
I.
A mobile food vendor shall make no false statements or representations
in the course of his activities and shall conduct himself at all times
in an orderly and lawful manner.
J.
All MFTs/MFVs/MVs shall not use or blow upon or ring any sound instrument
or thing or shout or cry out for the purpose of attracting attention
to his wares or giving notice of his approach.
K.
A mobile food vendor shall not sell any confectionery or ice cream
within 250 feet of any school property between the hours of 8:00 a.m.
and 4:00 p.m. on any school days.
L.
No person shall conduct MFT/MFV/MV business within the Village of
Albion at any place or places other than that named in the statement
filed with the Village of Albion Clerk's office pursuant to § 246-3
herein.
M.
It shall be unlawful for any MFT/MFV/MV to conduct or operate a mobile
food trailer or mobile food vehicle on holidays, and prior to 8:00
a.m. or after 9:00 p.m. on any other days. Holidays include New Year's
Day, Thanksgiving Day, and Christmas Day.
N.
All mobile food vendor licenses are null and void during the Albion
Strawberry Festival.
Any vendor carrying, keeping or using scales, measures or other
appliances for weighing or measuring shall first have the same inspected
by the County of Orleans, Weights and Measures; and if the latter
shall find such appliances correct and true, he shall issue his certificate
to that effect, and such certificate shall be affixed thereto in a
conspicuous place. A vendor shall not carry, keep for use or use any
such appliances which shall not be correct and true and do not give
a record and give the weight and quality claimed by said vendor.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be subject to a fine not less than $250 or
to exceed $500, or to imprisonment for a term not to exceed 15 days,
or both.
