It is the intent of the Town of Colonie to regulate the activities of Peddlers and Food Trucks in order to preserve the peace, safety, and general welfare of the Town and its residents, and to provide an avenue for Food Trucks to expand their businesses in the Town.
[HISTORY: Adopted by the Town Board of the Town of Colonie 6-14-1979 by L.L. No. 4-1979; amended in its entirety 4-30-2026 by L.L. No. 2-2026. Subsequent amendments noted where applicable.]
A primarily self-sufficient mobile food service establishment typically housed in or on a registered vehicle, trailer, cart, or other mobile chassis and equipped to store, transport, cook (if applicable), prepare, serve, and sell food or beverages for human consumption at various locations on a temporary basis. This definition expressly excludes mobile establishments that exclusively store and sell commercially pre-packaged food or beverage items.
A permit required by the Town of Colonie in order to operate a Food Truck.
Any person traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying, or transporting or offering goods, services, wares, merchandise, meats, fish, vegetables, fruits, garden or farm products or provisions, and offering and exposing the same for sale, or making sales and delivering articles or services to purchasers, and further provided that one who solicits orders and, as a separate transaction, makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word "peddler" shall include the words "hawker" and "huckster."
A permit required by the Town of Colonie in order to perform peddling of any food or service.
Any individual, firm, corporation, club, society, partnership, unincorporated association, and any principal or agent thereof.
Any Town employee acting within the scope of his or her official duties.
A Peddler Permit or a Food Truck Permit shall be required for all Peddlers and Food Trucks within the limits of the Town of Colonie (outside the Villages of Colonie and Menands). A non-refundable permit application fee shall be submitted to the Town Clerk together with the application for consideration.
A.
Except as otherwise provided herein, every applicant for a permit under this chapter shall file with the Town Clerk a sworn application in writing, in duplicate, on a form to be furnished by the Town Clerk.
B.
Food Trucks that contain appliances which produce smoke or grease-laden vapors shall be required to obtain an operating permit from the Town of Colonie Building and Fire Services Department prior to operating within the Town of Colonie in accordance with Chapter 20 of the Code of the Town of Colonie and the Fire Code of New York State. These appliances include, but are not limited to, grills, griddles, smokers, fryers.
A.
Every applicant for a Peddler Permit shall be subject to a background check.
(1)
If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the Town Clerk shall endorse on such application their disapproval and the reasons for same and notify the applicant that the application is disapproved, and no permit will be issued.
(2)
If as a result of such an investigation the character and business responsibility are found to be satisfactory, the Town Clerk shall endorse on the application their approval and issue a permit to the applicant for the carrying on of the business applied for.
B.
A Peddler Permit shall include an identification badge for the individual licensed and a vehicle identification card for the vehicle to be used in the peddling activity. The vehicle identification card shall be attached to the vehicle used by the Peddler Permit holder, and the identification badge shall be worn constantly by the Peddler Permit holder on the front of his or her hat or outer garment in such a way as to be conspicuous during such time as such Peddler Permit holder is engaged in peddling.
C.
Every applicant for a Food Truck Permit, and every person owning, operating, or working within a Food Truck, shall be required to submit a statement of good moral character.
D.
A Food Truck Permit shall include a vehicle identification card which must be attached to or displayed on the food truck at all times.
A.
(1)
A truck gardener or a farmer who himself or through his employees sells produce of his own farm or garden or orchard on his own property.
(2)
A wholesaler selling merchandise to dealers or merchants who have an established place of business within the Town.
(3)
Any person soliciting at the express invitation of the person solicited, soliciting to established customers, or providing goods or services that have been paid for in advance.
(4)
A Food Truck that is operating as a caterer under a contract or agreement with a single individual or organization such that individual patrons are not exchanging money for food or beverages; provided, however, that all permits and inspections otherwise required by any other code, law, or provision of this chapter, including but not limited to § 140-4B, must still be obtained and complied with.
(5)
Minors under the age of 18 engaged in providing services such as snow shoveling, grass cutting, leaf raking, cookie or lemonade sales, lawn clearing, and other similar home services as independent contractors, or for school clubs, sports, or civic associations.
B.
Generally, nothing in this chapter shall apply to sales conducted pursuant to statute or by order of any court or to any person selling personal property at wholesale to dealers in such articles.
A.
Any person operating a Food Truck shall maintain copies of any and all licenses and/or permits required by New York State and the County of Albany, including proof of all necessary inspections and food safety requirements. These items shall be kept on the Food Truck at all times and provided during inspection.
B.
Any person operating a Food Truck shall obtain written permission from all property owners upon which a Food Truck operates authorizing the sale of foods/beverages on the owner's property(ies). Written permission shall include the name, address and telephone number of the property owner, the legal address of the property(ies), and any other special conditions required by the property owner. Written permission shall be kept on the Food Truck at all times and produced at the request of a Town representative.
C.
Any person operating a Food Truck shall not assign or transfer its permit to any other Food Truck or Peddler.
D.
Food trucks shall be stationary, with the vehicle parked and wheels chocked during all food preparation and serving activities.
E.
Food Trucks shall only operate between the hours of 8:00 a.m. and 9:00 p.m. Food Trucks may set up in a location no earlier than 7:00 a.m., and all vehicles, food, debris, and all ancillary items shall be off-site by 9:00 p.m. the same day.
F.
Food Trucks shall be located so as to not interfere with any driveway, roadway, utility box, building entrance, exit, or emergency access. Food Trucks shall ensure that the location of the Food Truck complies with parking regulations in any given area.
G.
There shall be no overnight parking of Food Trucks at any food sales location or in any Single-Family Residential (SFR) Zone.
H.
Food Trucks are not permitted to operate on Town property or in a Town right-of-way without the express invitation of the Town.
I.
Food Trucks shall not sell in Single-Family Residential Zones except upon properties owned by or under the control of any school group; veterans', fraternal, or charitable organization; volunteer firemen's association; religious, civic, or service group; or other non-profit organization or association that maintains a chapter within the Town of Colonie.
J.
Food Trucks shall not outcry, ring bells, blow horns, or use any other noisemaking to attract the attention of the public, except when required to do so by New York State Vehicle and Traffic Law.
K.
Food Trucks shall provide trash receptacles of sufficient capacity to contain all trash and waste generated in connection with the food truck's operation each day. All trash and debris shall be removed from the location at the end of each day.
L.
Food Trucks shall at all times comply with New York State Vehicle and Traffic Law, New York State Law, and the Code of the Town of Colonie.
M.
Tents, tables, chairs, and other ancillary items shall not be permitted outside of a vehicle or a Food Truck.
A Peddler or Food Truck, whether permitted or exempt from the permit requirement pursuant to this chapter, shall:
A.
Not willfully misstate any fact about any merchandise offered for sale.
B.
Not willfully offer for sale any article of an unwholesome or defective nature.
C.
Not call attention to himself or his merchandise by creating any public disturbance, unusual noises or by the use of a public-address system.
D.
Not create a public or private nuisance as defined by state or local law.
E.
Keep any vehicle or receptacle used by him in his business in a sound, clean, and sanitary condition.
F.
Keep any edible articles for sale well protected from dirt, dust, and insects.
G.
Upon request, give to every person to whom a sale is made or from whom an order is taken a legibly written receipt, signed and dated, with a description of the merchandise sold or ordered, the total price, and the payment received.
H.
Not enter upon any premises clearly displaying a sign prohibiting solicitors.
I.
Leave all premises promptly upon request of any occupant of such premises.
J.
Shall not sell or peddle alcohol, tobacco, or cannabis in the Town of Colonie.
K.
Not have exclusive right to any location in the public streets nor any stationary location, and shall not be permitted to operate in any congested area where operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a police officer exercised in good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
A.
It shall be the duty of any Town representative to require any person seen peddling or operating a Food Truck in the Town, who is not known by such representative to be duly permitted in accordance with this statute, to produce their permit and to enforce the provisions of this chapter against any person found to be violating same.
B.
Penalties for offense:
(1)
Any person convicted of committing an offense against this chapter or any section or provision thereof shall be guilty of a violation and subject to a fine not to exceed $250, or imprisonment not to exceed 15 days, or both.
(2)
In lieu of or in addition to any fine or imprisonment, or both, imposed for a conviction of an offense of this chapter, each such offense may be subject to a civil penalty not to exceed $250 to be recovered in an action or proceeding in a court of competent jurisdiction. Each day an offense continues is considered a separate offense and shall be subject to a separate civil penalty.
A.
Permits issued by the Town Clerk pursuant to this chapter may be revoked by the Town Clerk, the Town Clerk's designee, the Colonie Police Department, or a Colonie Code Enforcement Officer after notice and hearing, for any of the following reasons:
B.
Prior to revocation, the Town Clerk shall issue a notice of suspension and intent to revoke permit. Said notice shall set forth the grounds for the suspension and the date, time, and location for a hearing at which time permit holder shall have the opportunity to be heard. Said notice shall be provided to the permit holder by personal service by U.S. mail to the permit holder's last known address, or by posting at such address, and shall take place at least 10 days prior to such hearing.
C.
The revocation hearing will be conducted by the Town Attorney's office within 21 days of the suspension date, and a decision will be issued within three business days of the hearing and mailed to the permit holder at his or her last known address.
A.
Any person aggrieved by the denial of an application for a permit as provided in this chapter or by the decision to revoke a permit as provided in § 140-10 of this chapter shall have the right to appeal said decision.
B.
Appeals shall be made in writing to the Zoning Board of Appeals within 15 business days of the action sought to be appealed, with the fifteen-day period measured from the postmarked date of the notice. The appeal shall include a written statement fully setting forth the grounds for the appeal and the relief requested.
C.
The Zoning Board of Appeals shall set a time and place for a hearing on such appeal and notice of such hearing shall be mailed to the appellant's last known address via U.S. mail at least 10 days prior to said hearing date.
D.
The decision and order of the Zoning Board of Appeals on such appeal shall be final and conclusive.
A.
The Town Clerk shall keep a record of all applications, the determinations made regarding those applications, and all permits issued, including their date of termination and/or revocation.
B.
Consistent with the Town's record retention schedule, the Town Clerk shall maintain a record for each permit issued that includes reports of violations related to that permit.