As used in this chapter, the following terms shall have the
following meanings as indicated:
FOOD
Any raw, cooked, frozen or processed edible substance or
beverage, including, but not limited to, ice cream, ice cream products
or frozen desserts.
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.
This definition shall include a mobile food vendor.
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.
MOBILE VENDOR STAND
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.
PARK
All Village-owned parks.
PUBLIC SPACE
All publicly owned roads, streets, public highways, sidewalks,
parks, marinas, waterfronts, plazas, walks, parking lots and publicly
owned lands.
PUSHCART
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.
STAND
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.
TENT
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.
VEHICLE
A motor vehicle or trailer, as defined by the Vehicle and
Traffic Law of the State of New York.
VEND
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.
VENDOR
Food vendor and/or mobile food vendor.
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.
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 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.
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.
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.