[HISTORY: Adopted by the Town Board of the Town of Chautauqua6-13-2022 by L.L. No. 3-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter, adopted as Ch. 133, was renumbered
to fit the organization of the Code.
This chapter shall be known as the "Law to Regulate Mobile Food
Vendors."
It is the purpose of this chapter to protect the health, safety,
welfare, and environment of the residents and property owners of the
Town of Chautauqua. This chapter regulates the mobile food vendor
industry and use and operation of mobile food vehicles within the
Town of Chautauqua. The purpose of this regulation is to balance the
potential impact on neighbors when mobile food vehicles are in use
and to protect other commercial businesses within the Town of Chautauqua.
For purposes of this chapter, the following terms shall have
the meanings indicated:
A self-contained cart, trailer, or motorized vehicle in which
ready-to-eat food is prepared, cooked, wrapped, packaged, processed
or portioned for service, sale, or distribution.
The owner of a mobile food vehicle or the owner's agent.
A.
It shall be unlawful for any person to operate a mobile food vehicle
within the Town of Chautauqua outside the Village of Mayville without
first having obtained a valid mobile food vending license from the
Town of Chautauqua as prescribed in this chapter.
B.
It shall be unlawful for any person to operate a mobile food vehicle
within the public rights-of-way or on public property anywhere within
the Town of Chautauqua, except as permitted herein.
A.
A mobile food vendor may operate anywhere in the Town of Chautauqua
outside the Village of Mayville except for the following:
(1)
Adjacent to or within a radius of 100 feet of the nearest edge of
any parcel on which is located a licensed food establishment, the
kitchen of which is open for serving food to patrons. This requirement
may be waived if the proprietor of the adjacent food establishment
gives written consent, and such consent is visibly displayed within
the mobile food vehicle.
(2)
In any location that conflicts with any parking and vehicle and traffic
laws, ordinances, rules and regulations of the State of New York,
County of Chautauqua, and Town of Chautauqua.
(3)
On any private property, unless the owner of such property gives
written consent, and such consent is visibly displayed within the
mobile food vehicle.
A.
Any person desiring to operate a mobile food vehicle shall make a
written application for such license to the Code Enforcement Officer,
on forms provided, which shall include the following:
(1)
Name, signature and address of each applicant and each corporate
officer of the mobile food vehicle vending corporation.
(2)
A valid copy of all necessary licenses, permits or certificates required
by the County of Chautauqua, the State of New York or any subsidiary
enforcement agencies or departments thereof, including, but not limited
to, a valid New York State Department of Motor Vehicles registration
and certificate of inspection and valid driver's licenses of
all vehicle operators.
(3)
A signed statement that the vendor shall hold harmless the Town 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 under the terms of the license.
(4)
Insurance.
(a)
The vendor shall furnish a certificate of insurance evidencing
that the vendor possesses and maintains such public liability, food
products liability, and damage to property or bodily injury, including
death, which may arise from the operations under the license or in
connection therewith. Such insurance shall provide coverage of not
less than $1,000,000 per occurrence. The policy shall further provide
that it may not be canceled except upon 30 days' written notice
served upon the Town of Chautauqua. A license issued pursuant to the
provisions of this section shall be invalid at any time the insurance
required herein is not maintained and evidence of continuing coverage
is not filed with the Town of Chautauqua.
(b)
In addition to the above-required certificate of insurance,
the vendor shall also endorse, maintain and include the Town as an
additional named insured on its underlying business commercial general
liability policy.
B.
Code inspection. The Code Enforcement Officer will conduct a fire
safety inspection of the mobile food vehicle as part of the process
of issuing or renewing a mobile food vendor license.
C.
Fee. The fee for a mobile food vendor license shall be $100 per year,
which amount may be adjusted from time to time by the Town Board.
All vendors holding a license that has been revoked or permitted to
lapse shall pay a renewal fee as set by the Town Board.
A.
If operating on private property, the vendor must obtain and display
in or on the vehicle evidence of permission granted by the owner of
the property, in writing, specifying the days, times and specific
location(s) for which permission has been granted.
B.
Mobile food vehicles with a valid mobile food vending license may
be operated by the vendor during hours as approved by the property
owner.
C.
All signage must be permanently affixed to the mobile food vehicle
except each vehicle may use one sandwich board sign no larger than
six square feet per side.
D.
All mobile food vehicles must be equipped with trash receptacles
of a sufficient capacity and shall be changed as necessary to prevent
overflow or the creation of litter or debris.
E.
No alcohol may be sold or dispensed from mobile food vehicles.
A.
The owner/operator of any mobile food vehicle licensed by the Town
of Chautauqua shall comply with all provisions of federal, state,
and local laws and ordinances.
B.
The owner/operator of any mobile food vehicle licensed by the Town
of Chautauqua shall comply with all notices, orders, decisions and
rules and regulations made by the Code Enforcement Office, the Chautauqua
County Sheriff's Office, the Chautauqua County Health Department,
or any other Town of Chautauqua department and/or agency.
A.
Any person who violates any provision of this chapter shall be guilty
of a violation. Each violation shall be punished by a fine not to
exceed $250 per violation.
B.
Closure for operation without license. Any mobile food vehicle operating
without the required Town of Chautauqua license shall be immediately
closed by order of the Town of Chautauqua. Every day of operation
without a license shall constitute a separate violation and shall
be punishable by a fine of $250 per violation.
Should any person affected by this chapter suffer an unnecessary
hardship in the carrying out of the strict letter of this chapter,
such person may apply to the Town of Chautauqua Board in writing for
a variance from strict compliance with this chapter, with proof of
such unnecessary hardship. For the purposes of this chapter, unnecessary
hardship shall not be the mere delay in being permitted to make an
application or waiting for a decision on the application for a permit.
