Mobile Food Vending Permit

Chapter 135 Mobile Food Vending

135-1 Purpose.
The purpose ofthis chapter shall be toimprove and promote the health, safety and general welfare of the community, and the preservation and protection ofthe property of the Town of Eden and itsinhabitants, by declaring and enforcing certain regulations and restrictions pertaining to mobile food vending.

135-2 Definitions.
For thepurposes of this chapter, theterms used herein are defined as follows:
-Definitive description. In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

MOBILE FOOD VEHICLE
A mobile food unit, either self-powered or towed from which prepared food is offered for sale to the public.

MOBILE FOOD VENDING
The act ofselling prepared food through the utilization of a mobile food vehicle.

MOBILE FOOD VENDOR
The organization/business preparing and selling through the utilization of a mobile food vehicle.

PRIVATE CATERED EVENT
Mobile food vending limited toserving the owners, occupants and guests of a single- or
two-family dwelling, a school, club, church, professional office, studio, fire station, medical building or nursing home.

RESTAURANT
A building where meals are served to customers.

135-3 Permit required.
Nomobile food vehicleshall be used for mobile food vending unless apermit issued pursuant to
the provisions ofthis chapter shall first have been obtained, which permit shall at all times be displayed in a conspicuous location that is visible from the outside ofthe vehicle.

135-4 Permit application.
A.  The mobile food vendor’s name, mailing address and contact information.

B. The mobile food vendor represented, together with copiesofdocuments establishing the organizations state or county, form of organization, ownership and qualifications to do business ni the State of New York, including but not limited to, doing business as certificates, certificates of incorporation, certificate of authority from the New York Sales
Tax Department, Disability and Workers’ Compensation Insurance.

C.  A brief description of the mobile food vendor and the kind of prepared food proposed to be sold.

D. A signed statement that the vendor shall indemnify and hold the Town of Eden harmless and its officers and employees for any claims for damages to property or injury to persons which may be occasioned by any activity carried on or under the terms of the permit.

E.  All permit applications shall require the approval of the Town of Eden Police Department and Code enforcement officer.

F. As to each mobile food vehicle for which a permit is requested, a valid and current Erie County Department of Health certification o f a successful health inspection as to both the vehicle to be used and the facility where the food is prepared.

G. As to each self-powered mobile food vehicle for which apermit isrequested, a valid insurance certificate, New York State Department ofMotor Vehicles registration, and certificate of inspection.

H. As to each mobile food vehicle for which a permit isrequested, a valid and current certification ofa successful fire inspection conducted within the current calendar year by the Town of Eden Building Department.

135-5 Permit required fees.
Application fees for this permit shall be set from time-to-time by resolution ofthe Town Board.

135-6 Permit terms and revocation.
A. The Town of Eden retains the right, for good cause, torevoke any permit.

B. Each mobile food vending permit shall expire on December 31 of every year.

C. The permit shall not be transferrable without thewritten approval ofthe Town of Eden.

135-7 Regulations
A.  It shall be unlawful for a Mobile food vehicle vendorto park, stand, or operate in a location which is adiacent to or within a one-hundred-foot radius of the nearest edge of any building or section of a building comprising a licensed food establishment, excluding any patio, awning or temporary enclosure attached thereto, the kitchen of which is open for serving food topatrons. This requirement may be waived ifthe application is submitted
together with the written consent of the proprietor of the adiacent licensed food establishment.

B.  All mobile food vendors must provide trash receptacles of sufficient capacity to contain all trash andwaste generated in association with the business ofthe mobile food vendor. All waste and trash shall be placed in the trash receptacles. Al trash, waste,litter and debris shall beremoved from the site of the vending operation at the end of each daily operation.

C. It shall be unlawful ot discharge liquid waste, fats, oils or grease anywherein the Town of Eden. Such discharges shal beheld ni appropriate containers and then disposed ni alegaly permissible manner.

D. Mobile food vendorsmust comply with al applicable federal, state and local statutes and ordinances.

E. A self-powered mobile food vehicle shall not be operatedin reverse in order to attempt or make a sale.

F. Mobile food vending shall not be conducted within a location that shall hinder the free flow of vehicle traffic, pedestrian crossing orwithin any public road right-of-way.

G. Mobile food vending shall not be conducted before 7:00 a.m. orafter 10:00 p.m in the Town ofEden.

135-8 Regulation Exemptions.
This article shall not beheld toapply to any of the following:
A. Sales conducted on the property where the vehicle’sfood preparation facility islocated. B. Private catered events.

135-9 Penalties for offenses.
A. Any person who shall violate any ofthe provisions of thisarticle shall, upon conviction
thereof, be guilty of an offense and shall be required to purchase apermit as provided herein and shall be sentenced to pay a fine not to exceed $250 or imprisonment not to exceed 30 days, or both, for each and every violation of this chapter per day.