[HISTORY: Adopted by the Board of Trustees of the Village
of Hamburg 12-19-2016 by L.L. No.
8-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See
Ch. 185.
Sidewalk cafes and outdoor dining — See Ch. 190.
The purpose of this chapter is to promote and protect the health,
safety and general welfare of the Village of Hamburg and its residents.
The following phrases shall have the meanings set forth:
A mobile food unit, either self-powered or towed, other than
a work site concession vehicle, from which prepared food is offered
for sale to the public.
The act of vending prepared food through the utilization
of a mobile food vehicle.
Mobile food vending limited to serving the owners, occupants
and guests of just a single- or two-family dwelling as defined in
§ 250-6 of this Code, a school, club, church, professional
office, studio, fire station, medical building, nursing home, or any
building offering personal services as defined in § 250-6,
and where the owner and/or occupants have given their written permission
for the event.
A building where meals are served to customers.
A motor vehicle with a maximum gross weight as reflected
upon its registration of not more than 8,600 pounds in which food
is not cooked, baked, grilled, broiled or fried.
No mobile food vehicle shall be used for mobile food vending
unless a permit issued pursuant to the provisions of this chapter
shall first have been obtained, which permit shall at all times be
displayed in a conspicuous location that is visible from the outside
of the vehicle.
The owner of a mobile food vehicle who wishes to engage in mobile
food vending within the Village of Hamburg shall make a written application
to the Village Clerk for one or more mobile food vehicle permits on
a form provided by the Village Clerk. The application for such permit(s)
shall be signed and dated by the owner or by a corporate officer of
the owner, shall identify the signor and shall include the following:
A.
Name, address and telephone number of each owner of the mobile food
vehicle and in the case of the corporate owner, the name, address
and telephone number of each corporate officer.
B.
As to each mobile food vehicle for which a permit is requested, a
valid and current Erie County Department of Health certification of
a successful health inspection as to both the vehicle to be used and
the facility where the food is prepared.
C.
As to each self-powered mobile food vehicle for which a permit is
requested, a valid insurance certificate, New York State Department
of Motor Vehicles registration, and certificate of inspection.
D.
As to each mobile food vehicle for which a permit is requested, a
valid and current certification of a successful fire inspection conducted
within the prior 12 months by the County of Erie, by a municipality
or fire department within the County of Erie, or by the Village of
Hamburg Fire Inspector.
E.
A signed statement that the vendor shall indemnify and hold harmless
the Village 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.
[Amended 4-4-2022 by L.L. No. 2-2022]
As to each permit application, the fee and renewal fee for mobile
food vending permit shall be $150 for the first vehicle, and $50 for
each additional mobile food vehicle. If the applicant owns or operates
a restaurant or a facility that sells food to the public from a building
located within the Village of Hamburg, the permit fee may be waived
by the Village Board of Trustees. In order to receive the waiver,
the applicant must be the owner or operator of the restaurant or facility,
and the restaurant or facility must be operating and open to the public
for business.
A.
It shall be unlawful for a mobile food vendor to conduct business
in a location within 100 feet of the primary entrance of a restaurant
that is open to the public. This requirement shall be waived if written
permission for the mobile food vending operation is first obtained
from the owner of the restaurant.
B.
In the Central Business District, Commercial District, Professional
Office District, Light Industrial District and Industrial District,
it shall be unlawful for a mobile food vendor to conduct business
at a single location within a public right-of-way for duration exceeding
three hours.
C.
It shall be unlawful for a mobile food vendor to conduct business at a single location upon a public right-of-way within the Residential 1, Residential 2, and Residential 3 Zoning District for a duration exceeding 20 minutes, except at the time and place of a block party approved by the Village of Hamburg Board of Trustees or for a private catered event. In the case of a block party approved by the Village of Hamburg Board of Trustees, it shall be unlawful for a mobile food vendor to conduct business at single location upon a public right-of-way within the Residential 1, Residential 2 or Residential 3 Zoning Districts for a duration exceeding the duration of the block party. In the case of a private catered event, it shall be unlawful for a mobile food vendor to conduct business at a single location upon a public right-of-way within the Residential 1, Residential 2 or Residential 3 Zoning Districts for a duration of more than two hours or as permitted by § 161-8M of this chapter, whichever is less.
D.
Mobile food vendors must comply with all applicable federal, state
and local statutes and ordinances.
E.
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 vehicle is prohibited.
F.
All mobile food vendors must provide trash receptacles 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 trash, waste, litter and debris
shall be removed from the site of the vending operation at the end
of each daily operation.
G.
It shall be unlawful to discharge liquid waste, fats, oils or grease
anywhere in the Village of Hamburg. Such discharges shall be held
in appropriate containers and then disposed m a legally permissible
manner.
H.
Mobile food vendors shall not conduct operation from a site that
contains a gasoline service.
I.
When parked on the public right-of-way, mobile food vendors shall
not dispense products from the street side of the mobile food vehicle.
J.
A self-powered mobile food vehicle shall not be operated in reverse
in order to attempt or make a sale.
K.
Mobile food vending shall not be conducted within 60 feet of an intersection
of two or more public highways/roads.
L.
It shall be unlawful for any mobile food vendor to conduct business
in a location within 500 feet of the boundary line of any fair, carnival,
circus, festival, special event or civic event that is licensed and/or
approved by the Village of Hamburg, except when the vendor has obtained
a permit to so operate from the Village Clerk of the Village of Hamburg,
with notice to the operator of the fair, carnival, circus, festival,
special event or civic event. Permission may be conditioned upon the
payment of fees charged other vendors with respect to said event.
M.
Other than as permitted by § 161-8C with respect to a block party approved by the Village of Hamburg Board of Trustees, mobile food vending shall not be conducted before 7:00 a.m. or after 11:00·p.m. In Residential 1 and/or Residential 2 and/or Residential 3 Zoning Districts, mobile food vending shall not be conducted before 9:00 a.m. or after 8:00 p.m.
A.
A mobile food vehicle, while within the Village of Hamburg, may be
inspected at any time for violations of this chapter by the Village
of Hamburg Police Department, any Health Inspector with jurisdiction
within the Village of Hamburg, and the Code Enforcement Officer of
the Village of Hamburg.
B.
Enforcement of the mobile food vending rules and regulations set
forth in this chapter shall be the responsibility of the Village of
Hamburg Police Department and/or the Village of Hamburg Code Enforcement
Officer. The Village of Hamburg Police Department and/or the Village
of Hamburg Code Enforcement Officer shall administer this chapter
and be authorized to issue appearance tickets for any violations of
this chapter.
A.
The penalty for engaging in mobile food vending without properly
obtaining and/or displaying a permit shall be $250 for the initial
offense within a twelve-month period and $1,000 for every subsequent
offense within said twelve-month period. A permit shall be revoked
after the second offense. One who is found guilty more than once within
a twelve-month period of engaging in mobile food vending without properly
obtaining a permit shall in addition to applicable fines be barred
from obtaining a permit for 24 months.
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 chapter 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.
