This article is enacted for the purpose of regulating the conduct
and business practices of mobile food vending merchants within the
Village of East Aurora. In order to protect the public health, manage
potential conflicting uses of the public right-of-way, and to minimize
unfair competition with fixed-site prepared food vendors in the community,
licensing of mobile food vendors is deemed to be within the police
powers of the Village.
As used in this article, in addition to the definitions contained in §§
180-1 and
180-20, the following terms shall have the meanings indicated:
COMMERCIAL ZONING DISTRICTS
Zoning districts in the Village of East Aurora, including
Limited Commercial Residential (LCR), General Commercial (GC), Neighborhood
Commercial (NC), Village Center (VC) and Mid-Main Overlay (MMO).
FESTIVAL
Any municipality-wide event, including, but not limited to,
Music Fest, sidewalk sales, Roycroft Festival, Backyard Bash, fairs,
civic events, or other general municipal events as so determined by
the Board of Trustees.
MOBILE FOOD VEHICLE
A mobile food unit, either self-powered or towed, other than
a work site concession vehicle, from which prepared food is offered
for sale to the public.
MOBILE FOOD VENDING
The act of vending prepared food through the utilization
of a mobile food vehicle.
MOBILE FOOD VENDORS
Individuals, companies, organizations, partnerships and other entities selling prepared food out of an improved vehicle, including, but not limited to,-food trucks, and other entities selling both cold and hot food items. A food truck or mobile food vendor is, when in conformance with all the provisions of this article, a vendor with prepared food from a properly licensed vehicle eligible to operate in public streets, whether such food is prepared in the vehicle or on another site, and whether such food is sold while the vehicle is located on a public street or on private property. This definition shall not include ice cream trucks that traverse the Village selling frozen novelties, which are otherwise licensed elsewhere in Chapter
180.
PATIO
A permanent area affixed to or otherwise adjoining an eating
establishment, tavern, and/or restaurant that is usually paved or
constructed specifically for that purpose, as opposed to the use of
sidewalks, parking areas, or walking areas where temporary seating
may be placed. It shall not include other establishments for which
the primary purpose of the business is other than the serving of food
and/or drinks.
PRIVATE CATERED EVENT
Mobile food vending limited to serving the owners, occupants
and guests of just a single- or two-family dwelling, a school, club,
church, professional office, studio, fire station, medical building,
nursing home, or any building offering personal services, and where
the owner and/or occupants have given their written permission for
the event.
RESIDENTIAL ZONING DISTRICTS
Zoning districts in the Village of East Aurora, including
Single-Family Residential (SFR), Low Density Residential (LDR) and
General Residential (GR).
RESTAURANT
A building where the primary purpose of the establishment
is the service of drinks and/or meals to customers.
WORK SITE CONCESSION VEHICLE
A motor vehicle, with a maximum gross weight as reflected
upon its registration of not more than 8,600 pounds, in which food
is not cooked, baked, grilled, broiled or fried.
No mobile food vehicle shall be used for mobile food vending
unless a permit issued pursuant to the provisions of this article
shall first have been obtained, which permit shall at all times be
displayed in a conspicuous location that is visible from the outside
of the vehicle.
The owner of a mobile food vehicle who wishes to engage in mobile
food vending within the Village of East Aurora shall make a written
application to the Village Clerk on a form provided by the Village
Clerk. Mobile food vendors with multiple food trucks shall obtain
a permit for each truck that shall operate within the Village; however,
only one mobile food vehicle truck for each mobile food vendor company
shall be permitted to operate within the Village at the same time.
The application for such permit shall be signed and dated by the owner
or by a corporate officer of the owner, shall identify the signer,
and shall include the following:
A. Name, address, electronic mail address, and telephone number of each
owner of the mobile food vehicle and, in the case of the corporate
owner, the name, address and telephone number of each corporate officer.
B. As to each mobile food vehicle for which a permit is requested, a
valid and current Erie County Department of Health certification of
a successful health inspection as to both the vehicle to be used and
the facility where the food is prepared. A person shall not receive
a food truck or mobile food vendor license under this section who
has not first received a license from the State Health Department
authorizing such sales. Any conditions of the State Health Department
shall be incorporated into the license issued under this section,
in addition to any other conditions imposed by the Village of East
Aurora.
C. As to each self-powered mobile food vehicle for which a permit is
requested, a valid insurance certificate, New York State Department
of Motor Vehicles registration, and certificate of inspection, copies
of which shall be attached to the application.
D. As to each mobile food vehicle for which a permit is requested, a
valid and current certification of a successful fire inspection conducted
within the prior 12 months by the County of Erie, by a municipality
or fire department within the County of Erie, or by the Village of
East Aurora Fire Inspector, for the specific vehicle to be used in
the Village of East Aurora.
E. A signed statement that the vendor shall defend, indemnify and hold
harmless the Village and its officers and employees for any claims
for damages to property or injury to persons which may be occasioned
by any activity carried on or under the terms of the permit. Such
statement shall be prepared solely by the Village Attorney.
[Amended 6-6-2022 by L.L. No. 8-2022]
As to each permit application, the initial fee and renewal fee
for a mobile food vending permit shall be set from time to time by
resolution of the East Aurora Village Board. Mobile food vendors who
also operate a restaurant or other eating establishment in the Village
of East Aurora shall be entitled to a reduced fee. Residents of the
Village of East Aurora who are primary owners and operators of mobile
food vehicles shall also be entitled to a reduced fee. Mobile food
vendors found operating within the Village without a permit shall
be required to obtain a permit, and the fee for those vendors who
operate without a permit, in addition to any penalties enforced pursuant
to this chapter, shall be 150% of the required fee according to the
fee schedule.
The laws of the Village of East Aurora, including but not limited to Chapter
285, Zoning, of the Village of East Aurora, shall apply to all licenses granted under this article. The Village reserves the right to revoke any license that violates such laws of the Village of East Aurora.