The purpose of this chapter shall be to improve and promote
the health, safety and general welfare of the community, and the preservation
and protection of the property of the Town of Eden and its inhabitants,
by declaring and enforcing certain regulations and restrictions pertaining
to mobile food vending.
No mobile food vehicle shall be used for mobile food vending
unless a permit issued pursuant to the provisions of this chapter
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.
All permit applications shall require the approval of the Town
of Eden Police Department and Code Enforcement Officer.
A. The mobile food vendor's name, mailing address and contact information.
B. The mobile food vendor represented, together with copies of documents
establishing the organization's state or county, form of organization,
ownership and qualifications to do business in the State of New York,
including, but not limited to, doing business as certificates, certificates
of incorporation, certificate of authority from the New York Sales
Tax Department, disability and workers' compensation insurance.
C. A brief description of the mobile food vendor and the kind of prepared
food proposed to be sold.
D. A signed statement that the vendor shall indemnify and hold the Town
of Eden and its officers and employees harmless 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.
E. 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.
F. 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.
G. 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 current calendar year by the Town of Eden Building Department.
Application fees for this permit shall be set from time to time
by resolution of the Town Board.
This chapter shall not be held to apply to any of the following:
A. Sales conducted on the property where the vehicle's food preparation
facility is located.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction thereof, be guilty of an offense and shall
be required to purchase a permit as provided herein and shall be sentenced
to pay a fine not to exceed $250 or imprisonment not to exceed 30
days, or both, for each and every violation of this chapter per day.