[HISTORY: Adopted by the Board of Trustees of the Village of Lawrence 3-11-2021 by L.L. No. 2-2021. Amendments noted where applicable.]
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.
MOBILE FOOD VENDOR
A person or entity who sells food in a mobile food vehicle.
A. 
It shall be unlawful for any mobile food vendor to sell any food in the Village without first obtaining a license.
B. 
This chapter shall not apply to any home food delivery service (i.e., the food being delivered was not prepared, heated, or cooked in a mobile food vehicle. Such services include Uber Eats, DoorDash, Grubhub, Postmates, Seamless, etc.).
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.
A. 
Mobile food vendors shall comply with all laws, rules and regulations regarding food handling, preparation, heating, refrigeration, storage and distribution.
B. 
Mobile food vehicles shall be equipped with trash containers, and the mobile food vendor shall be responsible for properly disposing of any waste that accumulates in the course of conducting its operations.
C. 
Mobile food vehicles shall also contain a fire extinguisher.
D. 
Mobile food vendors must stop, park and stand a mobile food vehicle only next to a sidewalk and shall provide food services only on the side of the mobile food vehicle that is adjacent to the sidewalk.
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.