As used in this chapter, the following terms shall have the
meanings indicated:
FOOD
Any item, including, but not limited to, raw, cooked, or
processed edible substances, beverages, ingredients, which can be
safely consumed by humans.
MOBILE FOOD VEHICLE
Any car, truck, van, bus, cart (motorized or nonmotorized),
or other type of motor vehicle, in which a mobile food vendor prepares,
heats, or cooks food.
To obtain a license in accordance with this chapter, a mobile
food vendor must complete an application on forms prescribed by the
Village Clerk-Treasurer. Such application shall include:
A. The applicant's name, address, and phone number;
B. A valid copy of all licenses, permits, or certifications as required
by the Village;
C. A valid New York State Department of Motor vehicle's driver's
license, vehicle registration, and insurance by a licensed insurance
company in New York and approved by the Village's Clerk-Treasurer,
which is kept continuously throughout the term of the license;
D. A description of the mobile food vehicle, including the vehicle's
license plate, make, model, color, and year;
E. A copy of the certificate of authority to collect sales tax issued
by the State of New York, and has a tax clearance certificate from
the state tax commission of the State of New York.
Each applicant for a license shall pay a nonrefundable filing
fee with the application. A license fee shall be paid upon issuance
of the license. The application filing fee and license fee shall be
determined by resolution of the Board of Trustees.
Each mobile food vehicle shall be registered with the Village,
and shall prominently display a decal provided by the Village. The
fee for each such decal shall be established by the Board of Trustees.
No license pursuant to this chapter shall be transferred or
loaned to, from or by one person to another or transferred from one
vehicle to another.
All licenses issued pursuant to this chapter shall expire on the last day of December in the year of issuance. Licenses may be renewed upon application made before March 1 of the following year, and payment of a renewal annual fee as determined by resolution of the Board of Trustees. If a licensee fails to make proper timely application for renewal, the licensee shall be required to reapply and pay any application and license fee pursuant to §
126-4.
Mobile food vendors shall not:
A. Violate any section of this Code's vehicle and Traffic laws,
or any section of the New York State vehicle and Traffic Laws.
B. Park in any metered or permit parking spaces in the Village, except
in Lot 1.
C. Cause, suffer or allow any loud, excessive or unusual noise in the
operation of mobile food vending which loud, excessive or unusual
noise shall disturb the comfort, quiet or repose of persons therein
or in the vicinity.
D. Prepare or sell food before 8:00 a.m. and after 10:00 p.m., Monday
through Sunday.
E. Stop, park, or stand at the scene of any emergency, accident, or
other situation whereby emergency vehicles may be called to provide
services.
F. Obstruct pedestrian and vehicle pathways.
In addition to the penalties otherwise provided by law, the
Board of Trustees may revoke or suspend any license issued pursuant
to this chapter after notice to the licensee and a reasonable opportunity
for the licensee to be heard. The Board of Trustees may take such
action if, in its discretion, such action is warranted due to the
licensee's deliberate or willful disregard of the standards imposed
by this chapter or by any other village, county, state or federal
law, fraud, misrepresentation or false statement contained in the
application for license or in the course of carrying on the licensed
business, or due to two or more violations of this chapter or any
other law occurring within a period of 60 days.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation and
shall be punished by a fine up to a maximum of $1,000 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.
Each day on which any violation of this chapter occurs shall constitute
a separate and distinct offense hereunder.