As used in this chapter, the following terms shall have the
meanings indicated:
ESTABLISHED PLACE OF BUSINESS
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.
FOOD VENDOR
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.
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.