[HISTORY: Adopted by the Town Board of the Town of Fenton 3-24-2021 by L.L. No. 3-2021. Amendments noted where applicable.]
This chapter shall be known and cited as the "Law to Regulate
Mobile Food and Beverage Vending Operations in the Town of Fenton."
The purpose of this chapter is to regulate the operation of
mobile food/beverage vending within the Town of Fenton.
All activities associated with the conducting of business,
including setup and takedown and actual hours where the mobile food
vending unit is open for business.
All activities associated with the conducting of business,
including setup and takedown and actual hours where the mobile food
vending unit is open for business. "Short-term" is defined as longer
than four days but not longer than seven days.
Any motorized or nonmotorized vehicle, trailer, or other
device designed to be portable and not permanently attached to the
ground from which food is vended, served, or offered for sale.
Any individual engaged in the business of mobile food vending.
If more than one individual is operating a single stand, cart or other
means of conveyance, then "vendor" shall mean all individuals operating
such single stand, cart or other means of conveyance.
Longer than four days, but not more than seven days.
Mobile food and beverage operations shall be allowed in the
Town of Fenton as provided herein.
No person shall engage in mobile food/beverage operations without first obtaining site plan approval from the Town of Fenton Planning Board pursuant to § 150-47 of the Town Code of the Town of Fenton. The application for site plan approval shall be made on a form prescribed by the Town of Fenton Planning Board; provided, however, that for operations of short duration, as determined by the Building Inspector within his or her discretion, Planning Board approval shall not be required, but the applicant shall consult with the Town Building Inspector regarding typical land use considerations.
A.
Upon initial application for site plan review, and on an annual renewal basis thereafter, a food/beverage vendor shall file with the Town Clerk copies of the following documents: 1) photo identification, 2) valid motor vehicle registration, 3) Broome County Health Department mobile food permit, 4) proof of insurance (naming the Town of Fenton as an additional insured if the operation is to be conducted on Town property or right-of-way), 5) emergency contact information for the owner or designee and signed letter of permission or lease agreement with the property owner if not same. Also, all signs used in connection of the mobile food/beverage vending unit shall conform with the Town of Fenton Code § 150-40 (Signs).
B.
The fee for such permit shall be those set forth in the Town's Schedule of Fees (Town Code Chapter A154).
C.
Failure to properly obtain and/or display a permit shall be considered
a violation of this chapter. The penalty for any violation shall be
as follows; for the first offense, the fine shall be $100; for the
second and subsequent offenses, the fine shall be $250. The permit
shall be revoked after the third offense.
D.
The Town Building Inspector or Code Enforcement Officer shall administer
this chapter and be authorized to issue appearance tickets for any
violations of this chapter.
A.
These limitations do not apply to daily, weekend or short-term operations,
at the discretion and determination of the Town Building Inspector.
B.
Mobile food/beverage vending units shall be located a minimum of
300 feet from the main entrance to any eating establishment or similar
service, unless it is agreed upon by both parties that it can be closer,
and 10 feet from any permitted food vending cart location or other
structure. Two units owned by the same vendor may be co- located and
considered one vending unit.
C.
The mobile food/beverage vending unit shall not occupy any area designated
as off-street parking required to meet the zoning minimum for any
property.
D.
The mobile food/beverage vending unit shall be located so as to provide
adequate ingress and egress and not create a safety hazard, as determined
by the Building Inspector or the Planning Board, as the case may be.
A.
Hours of operation of mobile food/beverage vending units shall be
limited to the hours between 7:00 a.m. and 9:00 p.m., Sunday through
Thursday and 7:00 a.m. and 11:00 p.m. on official holidays and Friday
and Saturday. However, if the designated location on the lot accommodating
the mobile food/beverage vending unit is located within 150 feet of
the property line of a single-family or multifamily dwelling, in which
case the hours of operation shall be limited to the hours between
7:00 a.m. and 9:00 p.m. on all days.
B.
The mobile food/beverage vending unit operator or his/her designee
must be present at all times during the hours of operation except
in cases of emergency.
C.
Mobile food/beverage vending units and associated outdoor seating,
if any, shall not be stored, parked, or left overnight on any public
street or sidewalk.
D.
A mobile food/beverage vending unit operator is responsible for the
proper recycling and daily disposal of waste and trash associated
with the operation of the unit. Operators must remove all waste and
trash from their approved location at the end of each day or sooner
to maintain the health and safety of the public. The operator shall
keep all areas within the proximity of the unit and any associated
seating area clean of grease, trash, paper, cups or cans associated
with the vending operation. No liquid waste or grease is to be disposed
in or on storm drains, trees, lawns, sidewalks, streets, or other
public space, or on-site. If the owner of the property or the operator
of a mobile food/beverage vending unit shall fail to comply with this
provision, the Town may clean up, or cause to be cleaned up, the property,
and shall be empowered to recover the cost of any such cleanup from
the property owner and the mobile food/beverage vending unit, who
shall be jointly and severally liable for said cost.
E.
With the exception of allowable outdoor seating areas, all equipment
required for the operation of a mobile food/beverage vending unit
shall be contained within, attached to or within three feet of the
food truck, unless approved by the Planning Board or Building Inspector,
and all food preparation, storage, and sales/distribution shall be
in compliance with all applicable county, state and federal health
department regulations and other applicable codes, rules and regulations.
F.
Mobile food/beverage vending units shall be in compliance with all
applicable fire safety regulations of the local, county, state, federal
and National Fire Prevention Association (NFPA).
G.
All electrical power cords and service cords leading from the mobile
food/beverage vending unit shall be protected to avoid tripping hazards
or hazards to customers and employees.
H.
All temporary fuel tanks shall be protected from vehicles and locked
during nonuse periods.
I.
All mobile food/beverage vending units shall be located in such a
way as to avoid exhaust to adjacent structures and patrons.
J.
All walkways and adjoining spaces located in front of the serving
area shall be kept free and clear for pedestrians to move freely through
the space.
All mobile food/vending unit operations shall comply with the
guidelines contained herein, with the following exceptions:
A.
Permitting and operation guidelines contained herein shall not be
applicable to mobile food/beverage vending units operating at an active
construction site for the purpose of supplying construction workers
with food and beverages.
B.
The Town of Fenton may allow a club or organization to temporarily
organize and operate mobile food/beverage vending unit(s) for a designated
date, time, and location as approved by the Town of Fenton Building
Inspector for the purposes of festivals, fundraisers and farmers'
markets.
C.
Vending units allowed on private, noncommercial property for private
parties and catered events.
