[HISTORY: Adopted by the Town Board of the Town of Southeast as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-19-2002 by L.L. No. 8-2002]
This chapter shall be known and be cited as the "Peddling, Vending and Soliciting Law of the Town of Southeast." It is hereby found and determined that the act of peddling, vending and soliciting within the Town has a significant impact upon the quality of life of the residents of the Town, including the health, safety and welfare thereof. It is further found that the unregulated act of peddling, vending and soliciting presents a significant disadvantage to other established businesses within the Town which pay rent, taxes, expenses and fees for the privilege of doing business within the Town and should, therefore, not be condoned or permitted.
Except as may be otherwise permitted by general or special law, it shall be unlawful for any person, corporation, partnership, company, unincorporated association, agent or principal thereof, or any other entity to engage in or act as a peddler, vendor, solicitor or commercial traveler, as herein defined, within the jurisdictional boundaries of the Town of Southeast.
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL TRAVELER
- A person or entity doing business through the act of renting a room or suite of rooms in a hotel, motel or inn, commercial building or private dwelling or open space, including a parking lot, for temporary occupancy which does not exceed 60 days, for the purpose of using said premises to sell, offer for sale or solicit orders for goods, services, merchandise or money to or from members of the public.
- Any person who, being uninvited by the home or business owner, engages in the merchandising of any goods, wares, commodities, books, periodicals or services by going from house to house or place of business to place of business.
- Any person who solicits contributions of goods and/or money by going from house to house or from place of business to place of business or by temporarily occupying a room, building or other premises with the Town for such purpose.
- TEMPORARY OCCUPANCY
- A store, room, building, tent, enclosure, parking lot or structure of any kind intended to be used or occupied for the period of time necessary to peddle, vend or solicit the merchandise sold therein. In all prosecutions for the violation of this chapter, the intent of the defendant to conduct an established place of business shall be an affirmative defense, and the burden of proving such intent shall be upon the defendant in such prosecution.
- A person who engages in the act or occupation of selling or offering for sale from a fixed location or locations, and at times and from time to time, goods, wares or merchandise, meats, fish, produce and prepared foods from any portable cart, stand, vehicle or display device of any nature.
The provisions of this chapter shall not apply to the following:
Any person soliciting at the express invitation of the person solicited.
A wholesaler or distributor selling articles to dealers or merchants who have an established place of business within the Town.
A child regularly attending any public, private or parochial school; veterans organizations; fraternal organizations; civic groups; churches; or religious organizations or sects; provided, however, that such child or member of such exempt organization shall carry on an otherwise prohibited conduct only in connection with an authorized activity of the school which the child attends or another school which has authorized such child to carry on the activity or, in the case of an exempt organization, which has authorized such member to carry on the activity. It shall be required, however, that prior to the commencement of such otherwise prohibited conduct, the school or otherwise exempt organization for which the activity shall be carried on shall notify the Clerk of the Town, in writing, of the intention of such school or exempt organization to conduct such activity within the Town, together with a brief description thereof.
Any person, corporation, partnership, company, unincorporated association, agent or principal thereof; or any other entity who shall act as a commercial traveler, peddler, solicitor or vendor, as defined herein, or who shall violate any other provision of this chapter shall be guilty of a violation and punishable by a fine not to exceed $1,000 or imprisonment for not more than 15 days, or both. Each day upon which such violation continues shall constitute a separate offense.
[Adopted 3-24-2016 by L.L. No. 3-2016]
Notwithstanding the general prohibition of vending, peddling or soliciting contained in Article I of this chapter, it is hereby found and determined that a limited number of permits for mobile food vendors or "food trucks" should be allowed to provide the residents and visitors to the Town additional options for dining. It is further found and determined that, in an effort to protect the health, safety and welfare of the residents and the consuming public, the operation of food trucks should be limited to a relatively small number and such permits should be granted on an annual basis and that the operation of such vendors should be further regulated to assure adequate location, accommodation and safe operation.
As used in this article, the following terms shall have the meanings indicated:
- The form and supporting information or documentation prescribed by the Town Board seeking the issuance of a food truck permit.
- FOOD TRUCK
- A vehicle from which food for human consumption is sold or dispensed. Such vehicle may be self-propelled or towed by another vehicle.
- FOOD TRUCK PERMIT
- The permit or license issued by the Town Clerk which shall be proof that a particular food truck has met the qualification requirements and that the location endorsed thereon has been approved by the Town for the purpose stated therein.
- FOOD TRUCK PERMIT, SECONDARY
- A second permit which may be issued to an existing food truck permit holder which would allow such permit holder to locate his or her food truck at a secondary location on municipally owned property.
- The particular physical site, approved by the Town Code Enforcement Officer, where the food truck shall be parked and operated during permitted hours.
- Any veteran of the United States military service or coast guard who has been discharged from service for other than cause. Any veteran applicant shall submit a copy of his or her Form DD-214 as part of the application package.
Except as otherwise provided herein, the Town Clerk shall issue no more than seven food truck permits in any calendar year. There shall be no limit on the number of annual permits issued to qualifying veterans. No more than one permit shall be issued to any individual or qualifying business entity.
Such permit shall be issued to an applicant who has completed the requisite application on the prescribed form provided by the Town Clerk, paid the requisite fee(s) and provided such additional information as may be required in the application, including, but not limited to, proof of general liability insurance with limits of liability not less than $1,000,000 per occurrence; current vehicular registration, inspection and insurance; proof of permission to locate the food truck at the particular location; and, in the case of prepared food sales, a current food vendor's permit issued by the Putnam County Department of Health. The Town of Southeast shall be listed as an additional insured on the policy of general liability insurance.
Permits shall be issued on a calendar year basis running from January 1 to December 31. Applications for such permits shall be available to residents or established businesses located within the Town of Southeast from November 1 through November 30 of each year for the following year. From December 1 on, applications, to the extent permits are still available, shall be accepted from nonresidents.
The annual fee for a food truck permit shall be set by the Town Board and included in the annual fee schedule adopted by the Town Board, as the same may be amended from time to time. Any permit issued after July 1 shall be 1/2 of the annual permit fee and shall run for the balance of the calendar year. Any permit issued to a veteran shall be exempt from the payment of the annual fee. To be exempt from the payment of the requisite permit fee, such veteran shall actually be engaged in the operation of the food truck and shall be present at the location at all times the food truck is in operation.
Food truck permit holders and any employee(s) shall be issued a photographic identification card by the Town of Southeast. Such identification shall be maintained on the person of the permit holder and employee at all times that the food truck is in operation and shall be open to the inspection by the Town Code Enforcement Officer.
Secondary permits shall be made available to existing food truck permit holders who wish to provide food vending services on municipally owned properties on a monthly, weekly or daily basis. Such secondary permits shall only be issued to existing food truck permit holders. The fee for such secondary permit shall be set forth in the annual fee schedule, as the same may be amended from time to time.
Notwithstanding the foregoing, any licensed or permitted food truck shall be allowed to operate on private property within the Town at a specific function and at the specific request by such private property owner for the purpose of catering or providing food service for such special function.
Except as otherwise provided for herein, a food truck permit shall allow the holder thereof to conduct the business vending food from a specific, stationary location. Such location shall be on private property or within or on a public thoroughfare or right-of-way. No vending or soliciting of food sales shall occur by the permittee at any location within the Town other than that which is declared on the permit.
A permitted location shall be within a commercially zoned area and shall be subject to the prior approval of the Town Code Enforcement Officer to ensure that such location is safe for use by both vehicles and pedestrians.
An applicant for a food truck permit shall provide proof, in writing, signed by the owner of the particular location that the applicant has permission to park or locate the food truck at that particular location. Such documentation shall be signed and acknowledged before a notary public; provided, however, that with respect to state, county or other municipal thoroughfares, honorably discharged veterans who possess a current license issued pursuant to New York State General Business Law § 32 to hawk, peddle, vend and sell goods, wares or merchandise, or solicit trade upon the streets and highways within Putnam County, no such documentation or written authorization to locate within or along such thoroughfares shall be required. Notwithstanding the foregoing, the holder of such General Business Law § 32 permit shall be required to apply for and obtain a food vendor permit under this chapter and to abide by all restrictions and regulations provided herein.
[Amended 3-22-2018 by L.L. No. 2-2018]
A permitted location shall have an improved parking area and shall have not less than two parking spaces available for patron use. Such parking spaces must be in addition to any parking spaces that are committed to other uses and/or occupancies that are served by the site as specified in the Town's zoning regulations or as set forth on any current site plan for the location.
A permitted location shall not be closer than 500 feet to any existing restaurant, delicatessen, fast food establishment, or other food service establishment.
There shall be no outdoor seating or other accommodation for on-site consumption of food or other vended products. The food truck permit holder shall provide adequate refuse receptacles for patron use and shall provide that refuse deposited therein is removed from the permitted location on a daily basis.
Food trucks may be operated during the hours of 5:00 a.m. through 9:00 p.m. on any given day.
Food trucks shall be removed from the permitted location within one hour after closing and shall not be returned to the permitted location more than one hour before the permitted opening time on any given day. There shall be no overnight parking of food trucks at any permitted location.
Any person who violates any provision of this article shall be guilty of an offense and upon conviction thereof shall be subject to a fine of not less than $100 nor more than $250 for each violation, or by imprisonment not exceeding 15 days, or both such fine and imprisonment.
Conviction of three violations of any provision of this article shall result in the immediate revocation of the food truck permit.