[HISTORY: Adopted by the Town Board of the
Town of Cobleskill 4-29-2021 by L.L. No. 3-2021[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law was originally adopted as Ch.
145 but was renumbered in order to maintain the alphabetical organization
of the Code.
The purpose of this chapter is to promote and protect the health,
safety and general welfare of the Town of Cobleskill and its residents.
A cart that is manually propelled.
[Amended 4-29-2021 by L.L. No. 3-2021]
A mobile food wheeled vehicle that is towed by a motor vehicle.
[Amended 4-29-2021 by L.L. No. 3-2021]
A mobile food vehicle that is self-propelled.
[Amended 4-29-2021 by L.L. No. 3-2021]
The use of any vehicle or trailer to travel over the streets
and to serve food or drink, whether cooked, baked or prepared on-site
or prepared elsewhere and served on-site.
The act of vending prepared food through the utilization
of a mobile food vehicle.
The operator and/or employees, contractors, or other agents
of a mobile food vehicle.
Mobile food vending limited to serving the owners, occupants
and guests of just a single dwelling, business, property or fundraising
event that will only last no more than 48 hours will be exempt from
obtaining a Town of Cobleskill mobile food permit. Only all other
applicable permits/licenses shall apply.
A building where meals are served to customers.
The occurrence of an event sanctioned by the Town Board,
by resolution, wherein mobile food vehicles may be exempt from the
permit.
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 in the vehicle.
[Amended 4-29-2021 by L.L. No. 3-2021]
No mobile food vehicle, truck, trailer and/or cart 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. Obtaining the proper permit
will allow the mobile food vendor to operate in all zones of the Town.
[Amended 4-29-2021 by L.L. No. 3-2021]
The owner of a mobile food vehicle, truck, trailer and/or cart
who wishes to engage in mobile food vending within the Town of Cobleskill
shall make a written application to the Town Code Enforcement Officer
for one or more mobile food vehicle permits on a form provided by
the Town Code Enforcement Officer. 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 signer and shall include the following:
A.
Name, address and telephone number of each owner of the mobile food
vehicle, truck, trailer and/or cart and in the case of a 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 Schoharie County Department of Health certification
of a successful health inspection as to both the vehicle to be used
and the facility whereat food is prepared.
C.
As to each mobile food vehicle, truck, trailer and/or cart for which
a permit is requested, a valid and current certification of a successful
fire inspection conducted within the prior 12 months by the Town of
Cobleskill Code Enforcement Officer.
D.
A signed statement that the vendor shall indemnify and hold harmless
the Town of Cobleskill and its officers and employees for any claims
for damage to property or injury to persons which may be occasioned
by any activity carried on under the terms of the license.
Any permit issued pursuant to the provisions of this chapter
may be revoked by the Code Enforcement Officer for any of the following
causes:
A.
The Schoharie County Commissioner of Health has advised that such
mobile food vendor has violated any of the provisions of law or the
Sanitary Code of Schoharie County and/or shut down the mobile food
vendor for any reason while the mobile food vendor was within the
jurisdiction of the Town of Cobleskill.
B.
Any lapse of liability insurance coverage.
A.
At all times, mobile food vendors must abide by all applicable federal,
state and local statutes and ordinances.
B.
All signage associated with a mobile food vendor must be permanently
affixed to the mobile food vehicle, truck, trailer and/or cart. One
additional sign is permitted within five feet of the mobile food vendor's
vehicle as long as the additional sign in no way obstructs vehicular
or pedestrian traffic. No other signage will be allowed.
[Amended 4-29-2021 by L.L. No. 3-2021]
C.
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.
D.
It shall be unlawful to discharge liquid waste, fats, oils or grease
on the land. Such discharges shall be held in appropriate containers
and then disposed of in a legally permissible manner.
[Amended 4-29-2021 by L.L. No. 3-2021]
A mobile food vehicle, truck, trailer and/or cart, while within
the Town of Cobleskill, may be inspected at any time for violations
of this chapter by any Town of Cobleskill and by the Code Enforcement
Officer of the Town of Cobleskill.
The penalty for engaging in mobile food vending without properly
obtaining and/or displaying a permit shall be $250 for the initial
offense. A permit shall be revoked after the second offense.
