[HISTORY: Adopted by the Village Board of the Village of Deposit 1-9-2018 by L.L. No. 1-2018. Amendments noted where applicable.]
A. 
The short title of this statute shall be the "Transient Retail Business, Peddler/Solicitor and Food Truck Law."
B. 
This chapter's purpose is to assist in the Village's government and promote the peace, health, safety and welfare of its inhabitants and the protection and the security of their property by regulating transient merchants, peddlers/solicitors and food trucks.
As used in this chapter, the following terms shall have the meanings indicated:
FOOD TRUCK
A licensed, motorized vehicle or non-motorized, mobile unit from which ready to eat food items are sold to the general public, which is temporarily located on a street, alley, or other place. Food Trucks shall only be allowed to operate within the Central Business District.
PEDDLER/SOLICITOR
Includes any person, whether a resident of the Village or not, traveling by foot, wagon, motor vehicle or any other type of conveyance, from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, or non-ready to eat food items, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance.
TRANSIENT RETAIL BUSINESS
A business conducted in a store, hotel, house, building, motor vehicle, tent, railroad boxcar, or boat or on any street, alley or other place for the sale of retail goods, wares, merchandise or food and which is intended to be conducted for a temporary period of time (six months or less) and not permanently.
This chapter shall not apply to sales in a residence when the transient retail business owner has a permanent residence within the Village of Deposit, and shall not apply to door-to-door sales by civic or community groups, such as churches, Girl or Boy Scouts, Rotary clubs, Lions clubs, Kiwanis and similar civic or community groups. Further, the provisions of this chapter shall not apply to persons engaged in the sales of wares within residences with permission of the owner thereof, including cosmetics, housewares, and like items of personal property; provided, however, that such sales occur solely and exclusively within a residence by permission of the owner thereof.
A. 
It shall be unlawful for any person, firm or corporation to operate in the Village as a transient retail business, peddler/solicitor, or food truck, without first obtaining a license from the Village Clerk-Treasurer of the Village of Deposit.
B. 
Before any license may be issued under the provisions of this chapter, the applicant shall pay a fee to the Village Clerk-Treasurer, who shall issue a receipt therefore to the applicant. The fee for such license shall be as set from time to time by resolution of the Village Board. Said license fees are nonrefundable. Any disabled veteran of any division of the United States Armed Forces, although they must qualify for a license pursuant to the terms of this chapter, if they do so qualify shall receive a license without fee.
C. 
All licenses shall be nontransferable.
D. 
Peddlers/solicitors shall have such license in their possession at all times and shall exhibit the same at any time upon demand by any law enforcement officer, the Village Clerk-Treasurer or any other officer of the Village designated by the Mayor or member of the Village Board. Transient retail merchants and food trucks shall have such license displayed to the public within five feet of such business's register or point-of-sale.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
In the event that any person fails to begin conducting the transient retail business or food truck, or acting as a peddler/solicitor at the place or in the manner specified in the license within 30 days after the issuance of said license, such person shall not thereafter conduct any business within the Village until five days shall have elapsed after the filing of a new application duly verified and containing the information required in an application as specified in this chapter.
F. 
A peddler/solicitor or food truck license issued under this chapter shall be valid for 60 days from its date of issuance. A transient retail business license shall be valid for 180 days from its date of issuance. Licenses issued may only be renewed upon reapplication by the person seeking to act as a transient retail business, peddler/solicitor, or food truck.
The application for the license shall include a statement verified by the person or persons who are to conduct such transient retail business or food truck operation, or act as a peddler/solicitor, and if a corporation, by an officer or authorized member thereof, containing the following information:
A. 
The full name and address of each individual person or persons who are to operate under the license, and if a corporation the state under the laws of which it is organized, the exact location of its principal office and place of business and the names and addresses of its officers.
B. 
The exact location and nature of the business engaged in by such persons during the five years immediately preceding the filing of such statement and, in the case of a corporation organized less than five years, since its organization.
C. 
The exact location within the Village where such transient retail business or food truck operation is to be conducted, or such person is to act as a peddler/solicitor.
D. 
The date on which such person intends to begin doing such business within the Village.
E. 
The sales tax number issued to the applicant by the New York State Department of Taxation and Finance.
F. 
Current photo identification.
G. 
Current motor vehicle registration for any vehicles used in the business.
H. 
Proof of insurance, issued by an insurance company licensed to do business in the State of New York, which must be kept in force during the period of the license. The insurance must name the Village as an additional insured party.
I. 
Emergency contact information for the owner or designee and signed letter of permission or lease agreement with the property owner, if any.
J. 
Current certificate from the County Department of Health when applicable.
Upon filing of the statement required herein, the Village Clerk-Treasurer shall immediately cause an investigation to be made of the parties named in such statement, along with the merchandise to be sold; and after such examination, the Village Clerk-Treasurer may refuse to issue a license to conduct such business if in the judgment of the Village Clerk-Treasurer the public interest so requires.
No person shall conduct any business licensed under this chapter within the Village at any place other than that named in the statement filed in the office of the Village Clerk-Treasurer pursuant to § 93-5 herein.
A. 
Activities by any business licensed under this chapter. All business licensed herein shall conduct themselves at all times in an orderly and lawful manner. No business licensed herein shall conduct its activities to cause, or directly or indirectly cause or permit any of the following:
(1) 
Interference with pedestrian or vehicular use of the public streets and places;
(2) 
Litter the public streets with papers, wrappings or other debris or refuse;
(3) 
Enter in or upon any house or building or on any land or property where there is posted on the front of the building or premises a written notice stating that vendors are not desired, unless the vendor has received the prior consent of the occupant thereof;
(4) 
Make any false statements or representations in the course of their activities;
(5) 
Use or blow upon or ring or sound any instrument or thing or shout or cry out for the purpose of attracting attention to such business's wares or giving notice of approach;
(6) 
Sell any confectionery or ice cream with 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on any school days.
B. 
Food truck specific regulations and exceptions.
(1) 
Food trucks are permitted only within the Central Business District, and shall be located therein only as follows:
(a) 
A minimum of 150 feet from the main entrance to any eating establishment or similar food service business, 150 feet from any outdoor dining area, and 50 feet from any permitted food truck location, as measured from the designated location on the site accommodating the food truck.
(b) 
A minimum distance of five feet from the edge of any driveway, utility boxes and vaults, handicapped ramp, building entrances, exits or emergency access/exit ways or emergency call box.
(c) 
Food trucks shall not operate on public rights-of-way or in locations designated as municipal parking.
(d) 
Owners of property on which a food truck is located must a) ensure that food trucks do not occupy any off street parking required to meet the zoning minimum, and b) ensure that adequate ingress and egress from the property is provided to prevent traffic congestion or safety hazards.
(2) 
In addition to the regulations outlined in § 93-8A of this chapter, food trucks must comply with the following regulations:
(a) 
All signage associated must comply with the Village of Deposit sign laws.[1]
[1]
Editor's Note: See Ch. 140, Zoning, Art. VIII, Signs.
(b) 
Hours of operation shall be limited to the hours between 7:00 a.m. and 9:00 p.m., Sunday through Thursday, and 7:00 a.m. through 12:00 midnight on official holidays and Friday and Saturday. However, if the designated location of operations is located within 150 feet of the property line of a single-family or multifamily dwelling, then the hours of operation shall be limited to the hours between 7:00 a.m. and 9:00 p.m. on all days.
(c) 
The owner or a designee with authority to relocate and/or cease daily operations must be present at all times during the hours of operation, except in cases of emergency.
(d) 
The owner or a designee is responsible for the proper disposal of waste and trash associated with the food truck's operations. All waste and trash shall be removed from their approved location at the end of each day or as needed to maintain the health and safety of the public. The operator shall keep all areas within five feet of the truck and any associated seating area clean of grease, trash, paper, cups or cans associated with the operation. No liquid waste or grease is to be disposed in or on storm drains, tree lawns, sidewalks, streets or other public spaces.
(e) 
With the exception of allowable outdoor seating areas, all equipment required for the operation of a food truck shall be contained within, attached to or within three feet of the food truck, and all food preparation, storage, and sale/distribution shall be in compliance with all applicable County, State and Federal Health Department regulations.
(3) 
The following exceptions apply to food truck locations and operations: the Village of Deposit may allow clubs and/or organizations to temporarily organize and operate food trucks(s) for a designated date, time and location as approved by the Village Board for the purposes of festivals, fund-raisers and farmers' markets.
Any person violating any of the provisions of any of the sections of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.