[HISTORY: Adopted by the Town Board of the Town of Putnam
Valley 12-12-2018 by L.L. No. 5-2018. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A permanent building or store located on a foundation in
which or where the person transacts or solicits business and deals
in the goods, wares, food, merchandise or services he sells during
regular business hours.
A person or entity who sells food on any public street, sidewalk
or other public place. "Food vendor" shall not include a permittee
under "An ordinance to Use City Sidewalks by Abutting Merchants for
Display Purposes." (1)
This chapter shall not apply to auctioneers conducting sales
pursuant to statute or order of any court or to service clubs or nonprofit
organizations, such as the Ambulance Corps, Boy and Girl Scouts and
school organizations, when vending or soliciting for purposes for
which these organizations are organized.
It shall be unlawful for a person or entity within the Town
limits of the Town of Putnam Valley to act as a food vendor without
first having obtained and paid for and having in force and effect
a license therefor. No person or entity shall sell, on any public
place in the Town except as a permittee under this ordinance.
A.
Any person desiring to act as a food vendor within the Town of Putnam
Valley shall apply for a license from the Town Clerk upon a written
application to be furnished by the Town. Such application shall detail
the following:
(1)
Whether the applicant desires to act as a food vendor, itinerant
vendor or solicitor.
(2)
The kind of food the applicant desires to sell or solicit to sell.
(3)
The name, address and age of the applicant and any assistants the
applicant proposes to employ.
(4)
The name and address of the person or entity the applicant represents.
(5)
As a food vendor, the proposed location of the business.
(6)
The number and types of vehicles to be utilized by the applicant
in carrying on the business for which the license is desired.
(7)
The length of time the applicant desires the license.
B.
The Town Clerk shall deliver a copy of this chapter to each applicant
at the time of application.
A.
Upon the filing of the application and information as required above,
the Town Clerk shall, upon her approval of such application, issue
to the applicant a license, signed by the Town Clerk. Except as hereinafter
provided, no license shall be refused except for a specific reason
and for the protection of the public safety, health, morals or general
welfare including any criminal record during the past three years.
B.
A license shall be assignable for a food vendor who may assign his
or her license to assistants named on said license. Any holder of
such license who permits it to be used by any other person and any
person who uses such license granted to any other person, excepting
food vendors as discussed above, shall each be guilty of a violation
of this chapter.
C.
Whenever a license shall be lost or destroyed on the part of the
holder or his agent or employee, a duplicate in lieu thereof under
the original application may be issued by the Town Clerk upon the
filing with him/her by the licensee of an affidavit setting forth
the circumstances of the loss and what, if any, search has been made
for its recovery and upon payment of a fee of $10.
D.
All licenses shall be issued from a properly bound book with proper
reference stubs for that purpose, numbered in the order in which they
are issued, and shall state clearly whether the permittee is a food
vendor, itinerant vendor or solicitor, the kind of vehicle to be used,
the kind of goods, wares, food and merchandise to be sold or service
to be rendered, the number of the licensee's license, the fee
paid and the name and address of the licensee.
E.
Yearly licenses shall automatically expire on December 31, following
the dates of issuance of such licenses.
F.
No license shall be granted to a person less than 18 years of age.
G.
No applicant to whom a license has been refused or who has had a
license which has been revoked shall make further application until
a period of at least six months shall have elapsed since the last
previous rejection or revocation, unless he can show that the reason
for such rejection no longer exists.
H.
Every licensee and assignee of a food vendor license, while exercising
his license, shall carry the license with him and shall exhibit the
same at all times in the vehicle used for dispensing food.
The fee for a license as required hereunder shall be as scheduled
below and shall not be prorated:
A.
Food vendor: $250 per year or $200 per six-month seasonal summer
period (May 1 to October 31).
A food vendor must confine his business to one of the approved
by the Town Board locations during the term of his permit. Said location
must be proposed on his application to the Town Clerk and noted on
the permit as approved at the time of issuance. Such place shall not
be on public parkland, except an event permit as required of other
vendors for that event. If a merchant operating an established place
of business within 200 feet of said approved location noted on the
permit objects to the Town Clerk that said noted location competes
or interferes with said merchant business, the Town Clerk shall so
advise the food vendor, and the food vendor shall be required to choose
a new approval location, which shall be so noted on an amended permit
to be issued by the Town Clerk at no cost to the food vendor.
Every vehicle used by a licensed food vendor, in or about his
business shall have the name of the licensee and his address plainly,
distinctly and legibly painted in letters and figures at least two
inches in length in a conspicuous place on the outside on one side
of every vehicle, and such name and address shall be kept so painted
plainly and distinctly at all times which such vehicle is in use during
the continuance of the license.
The Town Clerk may, at any time, for a violation of this chapter
or any other ordinance or any law, revoke any license. When a license
shall be revoked, no refund of any unearned portion of the license
fee shall be made. Notice of such revocation and the reason or reasons
therefore in writing shall be served by the Town Clerk upon the person
named in the application, or by mailing the same to the address given
in the application. A copy of such notice shall be filed in the office
of the Town Clerk.
A licensed food vendor shall:
A.
Not falsely or fraudulently misrepresent the quantity, character
or quality of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B.
Keep the vehicle and receptacles used by him/her in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered
and protected from dirt, dust and insects.
C.
Not blow a horn or ring a bell to attract public attention.
D.
If a food vendor or his assignee, use the approved location as determined
in the Town Permit.
E.
A food vendor may not place any obstruction upon any street, sidewalk
or public place which would impede the safe and orderly free flow
of two-way pedestrian and vehicular traffic.
F.
Not permit any vehicle used by him to stop or remain on any crosswalk.
It shall be the duty of the Town Clerk to keep records and copies
of all applications, permits and fees paid under this chapter.
