[HISTORY: Adopted by the Board of Trustees of the Village
of Wolcott 7-18-2023 by L.L. No. 3-2023. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
following meanings as indicated:
Any raw, cooked, frozen or processed edible substance or
beverage, including, but not limited to, ice cream, ice cream products
or frozen desserts.
A person, general or limited partnership, corporation or
limited-liability company or other entity recognized by law that hawks,
peddles, sells or offers for sale food at retail in any public space.
This definition shall include a mobile food vendor.
A person, general or limited partnership, corporation or
limited-liability company or other entity recognized by law that hawks,
peddles, sells or offers for sale food at retail in any public space.
Any vehicle, trailer or stand required to be registered with
the New York State Department of Motor Vehicles, designed to be operated
on a road, street or public highway and not permanently attached to
the ground, that is used by a mobile food vendor for displaying, keeping
or storing any food or article required by a mobile vendor while acting
as such vendor.
All Village-owned parks.
All publicly owned roads, streets, public highways, sidewalks,
parks, marinas, waterfronts, plazas, walks, parking lots and publicly
owned lands.
Any wheeled vehicle or device used by a food vendor, other
than a motor vehicle or trailer, which may be moved with or without
the assistance of a motor and which does not require registration
by the New York State Department of Motor Vehicles.
A movable, portable or collapsible structure, framework,
device, container or other contrivance used by a food vendor for displaying,
keeping or storing any food or article required by the food vendor
while acting as such food vendor and which does not require registration
by the New York State Department of Motor Vehicles.
A portable shelter made of cloth, plastic or other covering
material supported by one or more poles and stretched tight and/or
supported or suspended by one or more ropes, poles, rods, or loops,
including unattached and/or suspended structures and structures attached
to the ground by cords or loops attached to pegs driven into the ground.
A motor vehicle or trailer, as defined by the Vehicle and
Traffic Law of the State of New York.
To hawk, peddle, sell or offer to sell food, at retail, in
a public space, park or from a mobile vendor stand, delivered upon
consummation of purchase.
Food vendor and/or mobile food vendor.
Village of Wolcott Board of Trustees.
The purpose of this chapter is to allow the Village of Wolcott
to regulate food vendors to ensure that food vendors operating in
public space, private property, commercial property, or who intend
to operate at any events in the Village of Wolcott are safe to the
public including at its festivals and public events, do so in a safe
and orderly manner in approved locations, and in a manner which promotes
the health and safety of the residents of and visitors to the Village
of Wolcott.
A.
Every food vendor, before he or she may vend within the limits of
the Village of Wolcott, must first lawfully obtain, pay for, and have
in full force and effect a food vendor's permit obtained in accordance
with the provisions of this chapter.
B.
Such license shall not be transferable or assignable by or from the
food vendor to whom it is issued.
Application for a permit hereunder shall be made to the office
of the Village Clerk of the Village of Wolcott by the food vendor,
on forms to be furnished by the Village Clerk. The applicant shall
provide its name, address and telephone contact number, and the applicant
shall provide such other appropriate health and safety information
as the Village Clerk may reasonably require. The applicant shall notify
the Village of Wolcott Clerk of any changes in such information during
the permit period and shall provide such changed information to the
Village Clerk.
A.
A ten-day notice for permit is required to the Village Clerk prior
to request date for the initial permit. Twenty-four-hours required
after the initial issuance. Permits will be issued during normal Village
Clerk operating hours. The permit shall only be issued by the Village
Clerk after the applicant has complied with all of the following:
(1)
The applicant has obtained a statement from the Commissioner of the
New York State Department of Health advising that the applicant meets
the requirements of the New York State Department of Health for the
vending of food.
(2)
The applicant has obtained a statement from the Village of Wolcott
Police Department that the applicant has not been convicted of a crime
related to conduct that would make the applicant unfit to be a food
vendor, pursuant to NYS Correction Law Article 23-A.
(3)
The applicant has submitted a statement signed by the applicant agreeing
to indemnify and hold harmless the Village of Wolcott, its agents,
officers and employees thereof for any and all claims, suits or actions
of any name, nature or description brought against the Village of
Wolcott, its officers, employees or agents on account of injuries,
death or damages to persons or property received, sustained, or alleged
to be received or sustained by any person or persons arising out of
the permit issued hereunder or from any permit or permission granted
to the food vendor to operate within the limits of the Village of
Wolcott.
(4)
The applicant has submitted proof of a general liability insurance
policy, including products liability and bodily and property damage
coverage, in a form acceptable to the Village of Wolcott and the Village
of Wolcott Attorney, with coverage in effect for the duration of the
permit, insuring the applicant and naming the Village of Wolcott as
an additional insured under such coverage; such insurance shall not
be terminated or cancelled without 30 days' written notice to
the Village of Wolcott Clerk.
(5)
The applicant has submitted annual written approval from the Fire
Code or Code Enforcement Officer in the event that the applicant uses
a propane tank while operating as a food vendor, the tank meets all
applicable safety standards for propane tanks and use thereof in public
space.
(6)
The applicant has submitted proof to the Village of Wolcott Clerk
that the New York State Department of Taxation and Finance has issued
to the applicant a certificate of authority to the applicant for the
collection of sales tax in connection with the applicant's vending
operation.
B.
No such permit shall be granted to or renewed for an applicant who
is in violation of any Village of Wolcott code, ordinance or local
law ("hereinafter violations") or who owes property taxes, water or
sewer fees, special assessments, fines for violations of Village ordinances
or any other fees or past due monies of any name or nature owed to
the Village of Wolcott (hereinafter "unpaid monies").
(1)
The applicant shall have the burden of providing proof, in a form
acceptable to the Department, that there are no such violations or
unpaid monies.
(2)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by the applicant or are personal to the applicant.
(3)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this chapter.
(4)
Such permit, once granted, shall be revoked in the event that the
applicant accrues violations or unpaid monies, or violations or unpaid
monies are discovered, after the permit is granted. The revocation
shall take effect five business days after receipt by the permit holder
of notice from the Village of Wolcott of the pending revocation. Upon
such revocation, all permitted activities and privileges shall immediately
cease.
(5)
No application fees shall be refunded upon revocation of the permit.
(6)
The applicant must reapply for the issuance of such revoked permit
by submitting a new application and paying all necessary application
fees, and any such permitted activities or privileges may only be
resumed once a new permit has been granted.
(7)
All requirements set forth herein shall also apply to nonperson entities,
and such permit or renewal thereof shall be denied to an entity, or
revoked, if a person with a substantial interest in such entity owes
such unpaid monies or has accrued such violations. A "person with
a substantial interest" shall mean an ownership interest of more than
10% of, membership on the governing board of, holding an office in,
or holding the ability to cast or control more than 10% of the votes
in, such entity.
C.
Any person denied a permit under this section, or having been issued
a permit it has been revoked, shall have the right to file an appeal
to the Village Board for reconsideration of the denial or revocation.
Such appeal shall be filed on or before the 30th day after the denial
or revocation was made; otherwise, the denial or revocation will continue.
The Village Board shall have the authority to reverse any determination
leading to the denial or revocation of a permit under this section,
provided the applicant or permit holder presents proof sufficient
to rebut the denial or revocation.
A separate permit shall be required for each vehicle, pushcart,
stand or vendor selling without vehicle, pushcart or stand, and for
each location where the vendor operates.
The fees for permits issued under this chapter shall be set
by the Village Board and may be changed at the discretion of the Village
Board. The lowest permit fee shall be set for vendors without a tent
or propane tank. The Village Board may set higher fees for vendors
with propane tanks or tents, and a higher fee for vendors with both
a propane tank and a tent or mobile vendor stand. The Village Board
may also set fees based upon the desirability of the location or the
number of people likely to attend the event. There will be no fee
for food vendors hired for home or personal dwelling use.
[1]
Editor's Note: Current fees are on file in the Village
office.
A.
Permits. There shall be three types of permits available to be issued
to applicants: annual, weekly or for a single day. Permit duration
and fee scale will be determined by the Village Board through a resolution
process.
(1)
Annual permit. Annual mobile food vendor permits shall automatically
expire on December 31 each year such a permit is issued.
(2)
Weekly permit. Weekly permits issued for seven days in duration shall
be valid only for the dates for which the permit is issued, shall
run consecutively and shall expire at the end of the seventh day for
which it was issued.
(3)
Single-day permit. Permits issued for one day in duration shall be
valid only for the date for which the permit is issued and shall expire
at the end of the day on the date for which it was issued.
B.
Permit fees shall be nonrefundable and permits are nontransferable.
While vending within the limits of the Village of Wolcott, every
food vendor and mobile food vendor shall affix the original permit
to the vendor's vehicle, pushcart, stand, tent, mobile vendor
stand or park concession stand in a conspicuous place where the permit
may be reasonably visible to patrons, law enforcement officials and
fire and safety personnel during the term of the said permit.
A.
No food vendor shall conduct business at the following locations:
(1)
Within 10 feet of a sidewalk corner.
(2)
Within the extension of a door or entrance to the curb and perpendicular
to said doorway or entrance a distance of 10 feet.
(3)
Within the extension of a doorway or entrance to the curb and perpendicular
to the said extension a distance of 100 feet whenever said doorway
or entrance is to a diner, restaurant, bakery, or other similar establishment
for the consumption of food on-site or for the sale of processed,
prepared, baked, or otherwise cooked food situated on the main floor
of said building.
(4)
At locations not approved by the Village Board for vending.
(5)
At a location other than that for which the vendor has been issued
a permit to vend.
(6)
At the Farmer's Market, parades, or other Village of Wolcott
event during such event, unless the vendor has obtained specific permission
to do so from the Village Board and such permission appears in writing
in the vendor's permit.
B.
All vendors conducting business from a vehicle, pushcart, stand,
tent or mobile vendor stand must regularly pick up all papers, cartons,
rubbish or any debris or trash in any form which is deposited within
a radius of 25 feet from the vehicle, pushcart, stand, tent or mobile
vendor stand which has not been properly disposed of in an appropriate
trash container.
C.
Each vendor conducting business at a public place, private property,
commercial place or a park shall maintain a suitable waste container
adjacent to the vendor's vehicle, pushcart, stand, tent or mobile
vendor stand for the placement of litter by customers and shall duly
dispose of said litter.
D.
No vehicle, pushcart, stand, tent or mobile vendor stand that is
used by a licensed food vendor shall occupy more than 200 square feet
of an area except for greater areas which may be approved by the Village
Board.
E.
No vendor shall carry on the vendor's business in a loud or
boisterous manner, advertise wares by calling or shouting, or advertise
wares by ringing any gong or bell or playing or causing to be played
any mechanical or electrical musical sound device while the vendor's
vehicle, pushcart, stand, tent or mobile vendor stand is in a stationary
position.
F.
No food vendor shall ring any gong or bell or cause to be played
any mechanical or electrical musical sound device to advertise wares
or to aid in the vendor's business in any street, lane or alley
or upon any sidewalk or upon any plaza, steps or platform immediately
adjoining any street, lane or alley in the Village between 9:30 p.m.
and 9:00 a.m. of the following day.
G.
All vendors shall obey the direction of any Village employee, acting
within the scope of his or her employment and at the request of the
Village Clerk, the Code Enforcement Officer or a police officer, that
a vendor shall temporarily relocate to another location, delay setting
up or opening for business or temporarily suspend operations, in order
to accommodate a parade, funeral or other activity or Village-sponsored
event as directed by such employee or police officer. Failure to follow
and obey the direction of said Village employee or police officer
shall constitute grounds for the immediate suspension of the vendor's
permit for a period of seven days, upon reasonable notice. Vendors
further shall not operate during the regularly scheduled Farmer's
Market on that part allocated to the Farmer's Market on the streets
of the Village of Wolcott.
H.
No vendor shall attach or have attached any flashing or revolving
light or lights on a vehicle used in aid of the vendor's business,
except those permitted by law.
I.
No vendor shall sell or serve alcoholic beverages as part of his
or her operation as a vendor unless approved by NYS SLA; for example,
one-day beer and wine, cider permit or catering permit and meets requirements
as follows:
(1)
The permittee shall only sell and serve alcoholic beverages on its
licensed premises.
(2)
The container clearly displays a logo or some other mark that is
unique to the vendor operation.
(3)
The container is not comprised of glass.
(4)
Displays, posted "Drink Responsibly - Be 21."
(5)
The container shall be clear and shall not hold more than 16 fluid
ounces.
J.
Permits will be issued for specific locations as set forth on a map
designating such locations, which shall be entitled "Food Vending
Locations Map," which map shall be approved by the Village Board with
the advice of the Village Attorney, the Fire Chief and the Code Enforcement.
The Village of Wolcott may change the locations approved for vending
from time to time as it deems appropriate.
(1)
Designated Village-owned property is Wolcott Falls Park. Not to exceed
two food vendors at one time, Monday through Thursday only.
K.
Mobile food vendors must vend their food from the mobile vendor stand.
No mobile food vendor may vend from and/or store its equipment, food
or other articles on the sidewalk or road or street next to the mobile
vendor stand.
L.
Food vendors must vend their food from their pushcart, stand or park
concession stand. No food vendor may vend from and/or store its equipment,
food or other articles on the sidewalk or road or street next to the
pushcart, stand or park concession stand.
M.
Food vendors and mobile food vendors must move their vehicle, pushcart,
stand, tent or mobile vendor stand from its location each and every
night at 5:00 p.m., or by one hour after the conclusion of the event
at which the vendor is selling food, whichever is later, and such
vendor or mobile food vendor shall not be permitted to store its vehicle,
pushcart, stand, equipment, food or other articles on the sidewalk
or road overnight.
N.
Vendors and mobile food vendors must at all times comply with all
applicable state and local traffic laws and codes and other applicable
federal, state and local laws.
O.
Vendors may apply to the Village Board for permission to extend operating
hours past 5:00 p.m. or before 9:30 a.m. and may only operate during
extended hours if approved by the Village Board.
P.
The Village of Wolcott Clerk shall mark each permit with the permitted
hours of operation.
Q.
If more applications are submitted for a specific location than there
are spaces allocated by the Village Board, then the Village Clerk
shall hold a lottery to choose which applications shall be accepted.
R.
Use of generators shall be allowed if approved by the Village Board
as to size, placement and amount of noise created.
S.
Any vendor aggrieved by any determinations made by the Village of
Wolcott pursuant to this section shall have a right to request a hearing,
to be conducted as an administrative hearing, and presided over by
the Attorney for the Village of Wolcott who shall report the results
of the hearing to the Village Board with recommendations on the appropriate
resolution of the dispute. The Village Board shall make the final
determination on the dispute.
A.
Any permit issued to the provisions of this chapter may be revoked
by the Village of Wolcott Clerk, upon reasonable notice and hearing
to be conducted by the Village of Wolcott Attorney, for any one of
the following causes:
(1)
The Village of Wolcott Clerk has been advised by the Code Enforcement
Department that such vendor has violated any provisions of any New
York State or Wayne County health code law, rule or regulation.
(2)
The vendor made a false or fraudulent statement in the application
for the permit.
(3)
The vendor makes a false or fraudulent statement in connection with
the selling of any food item.
(4)
The vendor violates any provision of this chapter.
B.
There shall be no reimbursement, adjustment or proration of fees
for a revoked permit.
Any person, vendor or entity who violates any provisions of
this chapter shall be guilty of an offense and shall, upon conviction
in Village of Wolcott Court, be subject to a fine of not less than
$100 nor more than $250 for the first offense, not less than $250
nor more than $500 for the second offense, not less than $500 nor
more than $1,000 for the third offense and $1,000 for each offense
thereafter.
This chapter shall take effect immediately upon filing with
the Secretary of State.
