This article is enacted for the purpose of regulating the conduct and business practices of Mobile Truck Food Vending merchants within the Village of Baldwinsville. In order to protect the public health, manage potential conflicting uses of the public right-of-way, other public areas, and to minimize unfair competition with fixed-site prepared food vendors in the community, licensing of mobile food vendors is deemed to be within the police powers of the Village.
[Amended 6-5-2025 by L.L. No. 4-2025]
As used in this article, in addition to the definitions contained in sections §§ 242-3 and 242-23, the following terms shall have the meaning indicated:
Any movable restaurant, truck, van, trailer, cart, bicycle, kitchen, stove, oven, grill, smoker, or other movable vehicle or unit, whether or not motorized, in, on, or from which food or beverage for human consumption is sold or offered for sale at retail to members of the public at a temporary or permanent location.
Any Mobile Food Truck authorized to operate in public property or in the public right-of-way must apply for a Mobile Food Truck Permit to the Village Clerk on a form provided by the Village and shall be accompanied by a non-refundable application fee as set by the Village Board.
The act of selling food and beverage from a mobile food truck to the general public.
A private event at a private residence which is not open to the general public.
An event or festival open to the general public which has been authorized by the Village Board and is taking place in a Village park or B-1, B-2, Commercial or Industrial Zoning District.
B.
The Village Board of Trustees may approve a Mobile Food Truck Permit for the operation of a Mobile Food Truck on public property or public right-of-way such that the location would benefit the public, would be appropriate to and consistent with the surrounding character of the neighborhood and would not adversely affect the neighborhood or nearby properties, and would not adversely affect existing establishments serving or selling food or beverages. Mobile Food Trucks would be subject to all provisions of this article.
C.
Adjunct to a restaurant. A Mobile Food Truck is exempt from this article when it is located on the premises of a lawfully operating restaurant as part of the restaurant operation, is included within the restaurant's insurance coverage, and is in compliance with any special use permit or site plan approval applicable to such restaurant.
D.
A Mobile Food Truck may operate in a commercial district on private property with a written agreement with the property owner or property lessee. The property owner/lessee must notify the Village Clerk when the food truck will be operating and provide the contact information of the Mobile Food Truck owner. The operation of the Mobile Food Truck is limited to 9:00 a.m. to 9:00 p.m. The property owner/lessee is responsible to assure that the Mobile Food Truck follows all provisions of this chapter and must provide a copy of the County Mobile Food Service Permit.
E.
Special event - private residence. Residents may utilize a food truck to cater special events on private property at their place of residence/location within any zoning district, provided that food and beverage service shall be limited to event attendees only; provision to the general public is prohibited. Hours of operation are limited to 11:00 a.m. to 10:00 p.m.
F.
Special event - public. A Mobile Food Truck may operate on public property at any Special Event or Public Festival authorized by The Village Board. The Mobile Food Truck must be parked within the boundaries of the event and have a written agreement with the Event Sponsors and have the appropriate insurance. The Event Organizer must provide the Village Clerk with a list of participating Mobile Food Trucks and the Mobile Food Truck owners contact information. The Event Organizer is responsible to assure that the Mobile Food Truck follows all provisions of this chapter and must provide a copy of the County Mobile Food Service Permit.
A.
Mobile Food Trucks must comply with all applicable federal, state, and local statutes and ordinances. Mobile Food Trucks must have current health inspections and business liability insurance and a County of Onondaga Mobile Food Service Permit.
B.
Mobile Food Trucks must have valid vehicle registration, inspection, and motor vehicle liability insurance.
C.
Mobile Food Trucks must be in a location that does not obstruct or interfere with the free flow of pedestrian or vehicular traffic, does not restrict visibility at any driveway or intersection, and does not unreasonably interfere with the activities of other businesses or otherwise interfere with other lawful activities or violate any statutes, ordinances, or other laws. When in a public location, food must not be dispensed from the street side.
D.
All signage associated with the Mobile Food Vendor must be permanently affixed to the mobile food vehicle. Accessory signage placed outside or around the Mobile Food Truck is prohibited.
E.
All Mobile Food Vendors must provide trash receptacles and recycling containers of sufficient capacity to contain all trash and waste generated in association with the business of the Mobile Food Vendor. All waste and trash shall be placed in the trash receptacles. All recycling shall be placed in appropriate containers for removal by the vendor. All trash, waste, litter, and debris shall be removed from the site of the vending operation at the end of each daily operation.
F.
It shall be unlawful to discharge liquid waste, fats, oils or grease anywhere in the Village of Baldwinsville. Such discharges shall be held in appropriate containers and then disposed of in a legally permissible manner.
G.
Mobile Food Vendors shall not conduct operations from a site that contains gasoline service.
H.
Mobile Food Vendors shall not sell alcoholic beverages.
I.
No sound-amplifying equipment, nor video, lights, or noisemakers, may be utilized in the operation of the Mobile Food Truck.
J.
Any generator in use must be self-contained and fully screened from view.
A.
This article shall not include ice cream trucks that traverse the Village selling frozen novelties, which are otherwise licensed elsewhere in Chapter 242.
B.
Personal noncommercial use. Grills, stoves, smokers, and other means of cooking, preparing, or serving food, located on private property for noncommercial personal consumption by the owners, residents, or occupants of such property and their guests, are exempt from this article.
C.
Mobile Food Trucks operating at The Canton Woods Senior Center, Cecil Reeves Little League Field and the Baldwinsville School District with an agreement with such a facility are exempt from the provisions of this article.
D.
Temporary bake sales, food stands, not-for-profit fundraising events are exempt from the provisions of this article, provided that the event is on private property.
A.
A Mobile Food Truck, while within the Village of Baldwinsville, may be inspected at any time for violations of this chapter by the Village of Baldwinsville Police Department, any Health Inspector with jurisdiction within the Village of Baldwinsville, and the Code Enforcement Officer of the Village of Baldwinsville.
B.
Enforcement of the Mobile Food Vending rules and regulations set forth in this chapter shall be the responsibility of the Village of Baldwinsville Police Department and/or the Village of Baldwinsville Code Enforcement Officer, who shall administer this article and be authorized to issue appearance tickets for any violations of this article.
A.
The penalty for engaging in Mobile Food Vending outside of the provisions of this article shall be $250 for the initial offense and $1,000 for every subsequent offense within a twelve-month period.
B.
Except for violations of the New York State Vehicle and Traffic Law, which shall be prosecuted as such, penalties for all other violations of this article not referenced in the preceding subsection shall be punishable by a minimum fine of $250 or by a term of imprisonment not to exceed 15 days, or both.