Chapter 151 Peddling, Soliciting and Mobile Food Trucks

Every applicant applying for a permit is required to execute an application at the office of the Town Clerk and submit to the Town Clerk a nonrefundable application fee. The fee is $25 for a thirty-day period. There is a three business day waiting period from the time the application is submitted to the time the permit is granted or denied. A written and signed application supplying, under oath, the following information shall be provided by applicant:

(a)

Provide driver's license or nondriver's ID, credentials/badge, brochure/flier of goods/services.

(b)

Full name.

(c)

Date of birth. You must be 18 years of age or older.

(d)

Legal home address.

(e)

Local address if applicable.

(f)

Home phone number and any other contact number.

(g)

Description of the nature of the business and the goods/services to be sold.

(h)

Company name.

(i)

Company address.

(j)

Company contact person and phone number.

(k)

Indicate if a similar permit has ever been revoked, where it was revoked from and the date(s).

(l)

Length of time requested to do business.

(m)

Indicate if you are working alone or in a group. List the name of each person you are working with on the group form.

(n)

Provide vehicle information to include make, model, year, color, plate number and state.

(o)

Applicant must sign the registration form in front of the Clerk/Notary Public.

(p)

A photograph two inches by two inches taken within 30 days of the date of application for such license. Such photograph shall show full head, full face and shoulders of applicant and shall be submitted in duplicate. One copy of the photograph shall be attached to the application and one copy shall be attached to the permit if granted.

(q)

Are you under any lawful prohibition from traveling into NYS or engaging in this occupation?

Fees may be changed from time to time by resolution of the Town of Cambria Town Board.

Terms. The permit issued hereunder will be for a thirty-day period based on the applicants request and will be valid from the date it is approved. If the initial permit is requested for 30 days and more time is needed, the applicant may apply and pay for additional 30 days. This may be done without submitting another application as long as it will be for the next consecutive 30 days. Such permit shall be signed by the Town Clerk and include the name and address of the applicant, photograph of the applicant and the dates the permit is valid for. A peddler or solicitor shall:

Produce his or her permit upon the demand of any person.

Not willfully misstate the quantity or quality of any article offered for sale.

Not offer for sale any article of an unwholesome or defective nature.

(4)

Not call attention to his or her goods or services by personally or through the use of another person, blowing a horn, by ringing a bell other than a house doorbell, by shouting, crying or using sound amplification equipment or by any loud or unusual noise.

(5)

Not operate his or her business so as to cause a nuisance.

(6)

Not engage in any permitted activity between sunset and 9:00 a.m. local time.

(7)

Not attempt to enter a building, ring a doorbell or knock on the entrance door to any residence building at which a notice stating in substance "peddlers or solicitors are prohibited" is posted.

Exemptions. The following people/groups are exempt from the licensing requirements, but shall otherwise be required to comply with provisions in § 151-2B(2) through (7) of this chapter:

All religious, nonprofit, and charitable organizations, including school groups, provided that such groups are selling goods as part of a designated event to benefit such group. Such organizations hosting a fundraiser or event with invited vendors, i.e., vendor fair/convention, those invited vendors are included under the group exemption.

The sale of fresh produce by the grower of such produce in a designated and/or permitted farmers market/road side stand.

Any resident of the Town while engaged in merchandising on his or her own property, (yard sale, garage sale, estate sale, etc.).

§ 151-3 Mobile food vehicle (MFV).

A mobile food vehicle (MFV) must submit an application and nonrefundable application fee to the Town Clerk of the Town of Cambria and obtain a permit prior to conducting business within the Town Park. There is a twenty-four-hour waiting period from the time of application until the permit shall be issued.

Application for permit. Information to be included in the application is:

Business name.

Owner/operator name, address, phone number.

Type of food to be sold.

(4)

Provide valid County Department of Health permit or certificate.

Types of permits, fees.

Town park and Town hall concerts.

Private party per occasion. The owner/operator must first obtain a Town of Cambria mobile food vehicle permit prior to the event by submitting the non-refundable application fee of $35 along with the name and phone number of the renter and the shelter number. This permit is only valid for the specified date and time it is approved for. This permit is only valid at the shelter for which it is approved. Any violation of this, shall subject the owner/operator to a penalty as described in this chapter, including revocation of its MFV permit.