[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 5-18-2021 by L.L. No. 5-2021. Amendments noted where applicable.]
The Board of Trustees has determined that it is necessary to regulate the distribution and sale of food vendors who operate on a temporary basis at a fixed location that are not otherwise regulated by Chapter 129. Issuance of a permit for persons or organizations engaged in the above-mentioned activities is required for the protection and maintenance of the health safety and welfare of the inhabitants of the Village. The Board of Trustees finds that this new section is reasonably aimed at achieving this goal and that the governance of the Village will be enhanced by enactment of the regulations set forth in this section.
When used in this chapter, the following shall mean:
EVENT
A single event or activity where food or food samples are distributed to the public, with or without charge, that operates for a period of time not to exceed three consecutive days and not more than 12 days in any particular month. Such event shall be scheduled to occur at a single specified location, where access is controlled by the event's sponsor, and may be held indoors or outdoors, in public or privately owned or leased premises, and shall include but not be limited to: 1) a street activity, regardless of whether the event requires a permit issued in accordance with the rules of the Village; 2) a business, advertising or media promotion or convention; 3) a celebration; a street or other fair; or 4) a sporting event, carnival, flea market, circus, public exhibition, festival, religious or fraternal organization function, parade or other similar gathering. No permit may exceed a period of one year. The strict application of these conditions may be waived by approval of the Village Board in the case of exceptional circumstances.
OPERATOR
The permittee or person who owns, operates, manages, controls or is otherwise in charge of a temporary food service establishment providing food services at an event, and who has been issued a permit by the Village Administrator or his designee.
SPONSOR
The person or organization that organizes, controls and manages the event at which a temporary food service establishment provides food service.
TEMPORARY FOOD SERVICE ESTABLISHMENT
An individual food service establishment operating from a booth, stand, vehicle, or cart, in a fixed public or private, indoor or outdoor location, at an event, where foods are stored, prepared or held for service to the public. A temporary food service establishment shall also mean a person who vends, dispenses or distributes pre-packaged or other non-potentially hazardous foods from a container or other equipment approved by the Village Administrator or his designee that is carried upon his or her person at an event.
It shall be necessary for any individual or organization that wishes to operate as a temporary food establishment to acquire a permit from the Village Administrator or his designee approved by resolution of the Village Board.
Applicants for a license under this chapter shall file an application with the Village Clerk in the form of a sworn affidavit, in duplicate, on a form to be supplied by the Village Clerk, which application shall furnish the following information:
A. 
The name, address and telephone number of the applicant.
B. 
The applicant's place of residence for the past five years.
C. 
The applicant's business or employer for the past five years.
D. 
Two full-face photographs of the applicant taken within 30 days of application and measuring 1 1/2 inches by 1 1/2 inches.
E. 
Whether or not the applicant has ever been convicted of a felony, misdemeanor or violation of any municipal ordinance, except traffic violations, and, if so, the date, court, ordinance and sentence of the court.
F. 
Whether the applicant has been previously licensed in any occupation and, if so, when, where and for what period and, if such previous license was ever revoked, the date of revocation and the reason therefor.
G. 
The name and address of the person, firm or corporation the applicant represents or is employed by.
H. 
The manner or means of conveyance in which said business or trade or occupation shall be conducted.
I. 
A valid permit issued by the Suffolk County Health Department indicating compliance with the provisions of the Suffolk County Public Health Local Law.
J. 
If the applicant requires the use of weighing and/or measuring devices, such application shall be accompanied by a certificate from the County Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
K. 
Proof of a valid New York motor vehicle registration for the vehicle to be used.
L. 
A valid New York State driver's license for the vehicle operator.
M. 
Proof that the applicant holds a New York State sales tax identification number.
N. 
In the event that any other license or permit shall be required by any other governmental agency in connection with the applicant's business, the same shall be produced by the applicant, and the Village Clerk shall duly note the same.
O. 
Any additional information as the Village Clerk shall deem necessary for the purpose of administering the provisions of this chapter.
P. 
Proof of insurance for a minimum sum of $100,000 for personal injury and property damage suffered by any person as a result of the peddler's doing business pursuant to a license issued under this chapter.
On all applications to the Village Administrator for permits, in addition to other specific requirements, the Village Administrator or his designee shall consider the health, safety, convenience and general welfare of the Village. The standards to be considered by the Village Administrator or his designee in making its determination of any matter under this chapter are whether the granting of the permit will be in harmony with the general purpose and intent of the chapter, in accordance with the comprehensive plan and design set forth in the chapter, to lessen congestion in the streets, to secure safety from fire, panic and other dangers, circumstances of the applicant to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewage, off-street parking, parks and other public requirements; and in accordance with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for the particular use; and with a view to conserving the value of buildings and land and encouraging the most appropriate use of land throughout the municipality. Any issued permit is subject to revocation by the Village Administrator or his designee, and any requested permit may be denied in the event it is determined the use is the subject of legitimate concerns for the public's health, safety and general well-being. Any permanent revocation or the denial of any permit shall be subject to appeal by the applicant to the Village Board with an opportunity for the applicant to be heard at a public meeting of the Board of Trustees.
The amount payable by each applicant shall be established by resolution of the Village Board.
Any person, association, partnership or corporation violating any provisions of this chapter shall be guilty of a violation and shall be punishable by a fine of not less than $250 and not more than $1,000 for each violation, or by imprisonment not to exceed 15 days, or a combination of both.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment.