This article shall apply to the sale of food from fixed outdoor locations within the Village of Baldwinsville. Concession sales at school-sponsored events on school property shall not be required to obtain a license pursuant to this article.
As used in this article, the following terms shall have the meanings indicated:
FOOD VENDOR
Includes any person, either principal or agent, who from any fixed location, by use of a temporary or moveable structure, or a motor vehicle of any kind, sells or barters, offers to sell or barter, or exposes for sale food products. This shall include, but not be limited to, hot dog sales, snow cone or ice cream sales, funnel cake or fried dough sales, produce sales, and other similar sales.
INDIVIDUAL
A natural person.
PERSON
One or more natural persons, corporations, partnerships, organizations, associations, societies and all other entities of any kind.
VILLAGE
The Village of Baldwinsville.
It shall be unlawful for any person or individual within the corporate limits of the Village to act as a food vendor without first having obtained and paid for, and having in force and effect, a license therefor.
A. 
Any person or individual desiring to act as a food vendor in the Village shall file with the Village Clerk a written application upon a form furnished by the Village Clerk, and shall file at the same time the following information:
(1) 
The type of structure or motor vehicle to be used by the food vendor, including license plate number, if applicable. A color photograph of the structure or motor vehicle must be provided.
(2) 
The kind of food to be sold.
(3) 
The full legal name, street address, telephone number and date of birth of the food vendor and each individual who will be working for the food vendor in the Village.
(4) 
A cellular telephone number for each designated operator. A designated operator shall be a person who is directly responsible for supervising the operation of the fixed or mobile sale of food and/or operating a moving vehicle.
(5) 
The length of time for which the food vendor desires the license.
(6) 
A copy of the driver's license for the food vendor and each designated operator who will be working for the food vendor in the Village.
(7) 
Proof of consent to locate at the location from the property owner.
(8) 
Such other information as may be required by the Village Board.
B. 
Food vendors shall provide the Village with all necessary certifications and approvals from the Onondaga County Health Department.
C. 
Mobile food preparation vehicles that are equipped with appliances that produce smoke or grease-laden vapors shall comply with the NY State Fire Code, including the requirement for periodic inspections by the Code Enforcement Officer.
D. 
It shall be unlawful to make false statements on a license application.
A. 
Upon the filing of the application and required information as provided in the preceding section, the Village Clerk shall, upon approval of such application, issue to the applicant a license, unless the license is refused pursuant to Subsection B below.
B. 
The Village Clerk shall refuse a license to any person or individual who fails to comply with § 242-25. A license shall also be refused if the person or individual is required to be registered as a sex offender. A license pursuant to this article may also be refused to a person or individual that has been convicted of a misdemeanor or felony which, in the opinion of the Village Clerk, makes the person or individual unsuited to be awarded a license pursuant to this article. If an individual working for a person has been refused a license due to conviction of a misdemeanor or felony, or because the individual is required to be registered as a sex offender, that individual shall not be permitted to work as a food merchant in the Village; however, the status of that individual shall not prohibit the person, or other employees of the person, from obtaining a license.
C. 
Any person or individual who has been refused a license by the Village Clerk may apply to the Village Board for a license, and the same may be granted or refused by the Village Board, except as prohibited by applicable provisions of law.
D. 
Each license granted shall contain the name of the food vendor; the date of issuance; the date of expiration; the purpose for which the license was issued; and a license number assigned by the Village Clerk. The license shall contain the seal of the Village. A copy of the food vendor's driver's license or other legal form of photograph identification, also containing the seal of the Village, shall be attached to the license.
E. 
The Code Enforcement Officer shall approve of each license granted under this article. Notwithstanding any provision elsewhere in the Code of the Village of Baldwinsville to the contrary, an open flame may be utilized by a food vendor who has obtained a valid license under this article upon review and approval by the Code Enforcement Officer.
Any holder of any license issued under this article who permits it to be used by any other person or individual, and any person or individual who uses such license granted to any other person or individual, shall each be guilty of a violation of this article as well as applicable provisions of the New York State Penal Code.
A. 
Whenever a license shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof, under the original application and certification(s), may be issued by the Village Clerk upon the filing with the Village Clerk by the licensee an affidavit setting forth the circumstances of the loss, and what search effort has been made for its recovery.
B. 
A fee for the replacement of lost or destroyed licenses shall be established by separate resolution of the Village Board.
All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in that order in which they are issued, and shall state clearly the kind of vehicle to be used, the kind of goods, wares and merchandise to be sold or service to be rendered, the number of his or her license, the date of issuance and expiration of the license, fee paid and the name and address of the licensee.
A license under this article may be granted for a term of three days up to one year.
Every licensee, while exercising his or her license, shall clearly exhibit the license.
The license fee for each food vendor shall be an amount as established in a separate resolution of the Village Board.
A. 
A license may be suspended pending a public hearing as set forth in Subsection B below, upon discovery that a food vendor who has been issued a license is in violation of this article. The license may be suspended by the Village Clerk upon reasonable suspicion of a violation of this article.
B. 
The Village Clerk shall promptly notify the Village Police Department, Code Enforcement Officer and the Village Board of any license suspension. The Village Board shall hold a public hearing, upon five days' notice in the official Village newspaper, as soon as possible after the Village Clerk has suspended a license. After such public hearing, at which the licensee shall have the opportunity to be heard, the Village Board may revoke any license issued under this article to any applicant whom the Village Board shall determine to be an undesirable person or incapable of properly conducting the trade or business previously licensed.
A. 
No food vendor shall sell food between the hours of 10:00 p.m. and 6:00 a.m., except during festivals or concerts in the Village or Village-sponsored events.
B. 
No food vendor shall sell food within 200 feet of any place occupied exclusively as a public or private school or for school purposes. This prohibition shall not apply to concession sales during school sponsored events.
C. 
No food vendor shall falsely or fraudulently misrepresent the quantity, character or quality of any food offered for sale.
D. 
No food vendor shall violate Chapter 221, Noise, of the Code of the Village of Baldwinsville, as amended.
E. 
No food vendor shall obstruct any street or sidewalk for the purpose of selling or exposing for sale any food or other merchandise.
F. 
No food vendor shall, in order to effectuate or assist in any sale or solicitation, represent that he or she is engaged in any contest or in any way attempt to induce a sale or solicitation by appealing to the sympathies of the person so solicited.
G. 
No food vendor shall sell food products at real property zoned as residential (R-1, R-1A, and R-2) under Chapter 345 of the Code of the Village of Baldwinsville, as amended.
(1) 
Exception: Private parties (which do not invite the public to attend) or block parties approved by the Village Board of Trustees.
H. 
No food vendor shall sell food from a location that, in the opinion of the Village Police Chief or Code Enforcement Officer, obstructs traffic or otherwise creates an impediment to the public's health and safety.
I. 
No food vendor shall operate in a manner not approved by the Village Code Enforcement Officer.
J. 
No food vendor shall initially commence food sales until the Code Enforcement Officer has conducted an inspection and has certified that there are no violations of applicable laws, codes, rules, and regulations.
K. 
No food vendor shall display any sign, as defined in Chapter 268 of the Code of the Village of Baldwinsville, unless such sign has been approved by the Code Enforcement Officer.
The Village Clerk's office shall keep a record of all applications and of all licenses granted under the provisions of this article, giving the number and date of each license, the fee paid and the date of any license suspension or revocation.
A. 
A violation of any of the provisions of this article shall constitute an offense punishable either:
(1) 
By the imposition of a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, by a fine of not less than $250 but no more than $700, or imprisonment for a period not exceeding 15 days, or both; and, for conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine of not less than $700 but no more than $1,000, or imprisonment for a period not exceeding six months, or both; and/or
(2) 
By the imposition of a civil penalty in the above amounts, which said penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the Village in the Village Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
B. 
Each week's continued violation shall constitute a separate, additional violation for which separate and additional fines or civil penalties in the above amounts may be imposed or recovered.
A valid license issued prior to the effective date of this legislation shall remain in full force and effect. Any renewal or subsequent license application shall be subject to the requirements of this legislation.