[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Plaza 9-19-1991 as L.L. No. 8-1991.
Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 159.
The Board of Trustees of the Village of Great Neck Plaza hereby finds
that the public safety, welfare and interest, particularly as it relates as
to parking, traffic and pedestrian safety, will be served by the licensing
of food-vending vehicles as defined herein.
The following terms, when used in this chapter, shall have the following
meanings:
The entity or individual that operates the a food-vending vehicle
and that is applying for a license hereunder.
A vehicle of any kind from which food or beverages are dispensed
to members of the public on a retail basis for consumption. A "food-vending
vehicle" shall not include:
Vehicles which are utilized to make deliveries of food or beverage pursuant
to telephone orders from establishments that already have conditional use
permits from the village to operate food establishments.
Vehicles which make wholesale deliveries of food or beverage into food
service establishments within the village for resale to the public.
Ice cream trucks, i.e., vehicles which dispense ice cream products to
the public by stopping briefly at a multitude of locations within the village.
The license, issued by the Village of Great Neck Plaza, authorizing
the licensee to operate a food-vending vehicle within the Village of Great
Neck Plaza.
An entity or individual holding a valid license to operate a food-vending
vehicle within the Village of Great Neck Plaza.
To either drive a food-vending vehicle or to dispense food from it.
An individual, partnership, unincorporated association, corporation
or other entity.
The Village of Great Neck Plaza.
A.
It shall be unlawful for any person to operate a food-vending
vehicle within the village without first having obtained and then having in
force a valid license issued under this chapter.
B.
Any license issued hereunder shall be valid for a period
of one year from the date of its issuance. Any such license may be renewed
in the thirty-day period prior to its expiration date upon submission to the
Village Clerk of the same information that would be required upon an initial
application.
C.
The number of food-vending vehicles with respect to which
licenses are issued by the village under this chapter shall not exceed three.
However, if a food-vending vehicle with respect to which a license has been
issued hereunder is not utilized at least 200 days each year, it shall be
deemed abandoned and shall not be counted against such limit. The village
may require a licensee to submit a sworn affidavit attesting to the days of
operation during any particular time period. The village shall also keep a
list of applicants for licenses hereunder, prioritized according to date of
receipt. In the event that a license becomes available, it shall be issued
pursuant to this list.
D.
No person shall be issued a license under this chapter
with respect to more than one food-vending vehicle.
E.
No license issued hereunder may be sold or transferred
by the licensee.
A.
An application for a license under this chapter shall
be filed with the Clerk of the village upon forms which shall be provided
by the village and which shall be verified under oath.
B.
A verified application for a license shall contain the
following information:
(1)
The names, addresses, dates of birth, social security
numbers and physical characteristics of all persons who shall drive the food-vending
vehicle within the village, as well as two photographs of said persons.
(2)
A list of all traffic violations within the previous five years and a list of all felonies and misdemeanors of which any person described in § 118-4B(1) has been convicted, stating the name and location of the court where the convictions were entered, the date thereof and the penalties imposed thereof.
(3)
The name and address of the registered owner of the food-vending
vehicle.
(4)
With respect to any person described in Subsection B(3), the names and addresses of all corporate shareholders having more than five-percent ownership share, the names and address of all officers and directors, if the applicant is a corporation, and of all members of an unincorporated association or partnership, if the applicant is an unincorporated association or partnership.
(5)
A list of any administrative proceeding before a consumer protection agency or comparable agency which involved any person described in Subsection B(1) or (3) and which resulted in a fine or other penalty, together with the name of the administrative agency, the nature of the penalty imposed and the date.
(6)
A description of the food-vending vehicle to be licensed,
including the make, model, passenger seating capacity, year of manufacture,
New York State registration number and motor number thereof and, if it has
ever been in any accident, the date and nature of the accident and a description
of the damage done to such vehicle or any passenger in said vehicle.
(7)
A precise and detailed description of the routes to be
serviced and stops to be made within the village by the food-vending vehicle.
(8)
Proof that all persons who shall operate a food-vending
vehicle have a valid New York State driver's license for the class of
vehicle to be used as the food-vending vehicle.
(9)
Proof that the food-vending vehicle is insured as required
by this chapter.
(10)
Any other relevant information which the village may
require.
The fee for each license when initially issued to an applicant shall
be $250. The fee for the annual renewal of a license shall be $50.
A.
Hours of operation. No food-vending vehicle for which
a license is issued hereunder shall operate within the village prior to 8:00
a.m. or after 8:00 p.m.
B.
Areas of operation. No food-vending vehicle may operate
in any area not specifically designated on its license, as designated by the
Village Clerk.
C.
Inspection. Prior to the issuance or renewal of a license
hereunder, and at any other such time as the Village Clerk determines that
the public safety so requires, the applicant must file with the Village Clerk
a valid and properly executed and stamped certificate of a licensed New York
State motor vehicle inspection station, dated no more than 30 days prior to
the date of its filing, certifying that the vehicle for which a license is
requested complies with all the safety and inspection requirements of New
York State.
D.
Insurance. No license hereunder shall be issued before
the applicant provides a certificate of insurance or other proof satisfactory
to the Village Clerk to demonstrate that the licensee has obtained vehicle
liability insurance in connection with operation of the food-vending vehicle
at least in the amount of $1,000,000, combined single limit, and general commercial
liability insurance in the amount of at least $1,000,000 per occurrence, $2,000,000
annual aggregate. Said insurance must be obtained from a carrier licensed
in New York State with an A.M. Best rating of at least A-1X. Said insurance
policy shall name the village as an additional insured, and shall require
that the Village Clerk receive 30 days' prior written notice of cancellation
or amendment of said policy.
[Amended 1-3-2007 by L.L. No. 1-2007]
E.
Display of information.
(1)
Each licensee operating a food-vending vehicle shall
be required to comply with the display of price and nutritional information
required by any other governmental bureau, agency or subdivision.
(2)
Each licensee operating a food-vending vehicle shall
be required to display such license on the right front windshield.
F.
Compliance with health laws. Each licensee hereunder
shall comply with all health and safety codes of any governmental bureau,
agency or subdivision concerning the sale and distribution of food and beverages
and shall have current all other licenses required to demonstrate compliance
with said health and safety codes.
G.
Additional regulations. Any licensee operating a food-vending
vehicle must:
(1)
Be of good moral character, age 21 years or over and
a citizen of the United States or a holder of a valid green card.
(2)
Be of sound mental and physical condition, with good
eyesight, and not subject to epilepsy, vertigo, heart trouble or any infirmity
of the body or mind which might render him or her unfit for the safe operation
of a motor vehicle.
(3)
Be able to speak, read and write the English language.
(4)
Be clean in dress and not addicted to the use of intoxicating
liquors or drugs.
(5)
Exhibit his or her current New York State driver's
license for inspection upon request by the Village Clerk.
(6)
Serve all persons on a nondiscriminatory basis and be
polite and courteous in dealing with the public.
(7)
Operate the food-vending vehicle in a safe, legal and
orderly manner.
(8)
Not honk horns, ring bells or engage in any other comparable
activity for the purpose of attracting customers or informing customers of
the presence of the food-vending vehicle.
(9)
Report all accidents as required by the Vehicle and Traffic
Law.
(10)
Report to the Village Clerk within 48 hours all change
of information submitted at the time of initial application.
(11)
Not operate the food-vending vehicle while his or her
New York State driver's license is suspended or revoked.
(12)
Shut off the engine of the food-vending vehicle when
it is parked or standing.
(13)
Exhibit to the appropriate village officials any documents
necessary to ascertain whether the provisions of this chapter have been satisfied;
allow said officials to inspect the food-vending vehicle in order to ensure
compliance with the provisions of this chapter; and, when notified by said
officials, attend any hearing held pursuant to this chapter and present relevant
evidence in connection therewith.
A.
Any license issued hereunder may be suspended or revoked for a period to be determined by the Village Clerk if such person shall violate any provision of this chapter or any rule or regulation adopted hereunder, or if the licensee shall be guilty of making a false statement or misrepresentation in his application for a license. No suspension or revocation shall be made by the Village Clerk without notice, except as permitted by Subsection B, and without a hearing having been held. Notice shall be in writing and shall have been given to the licensee, either in person or by registered or certified mail. A hearing shall be held before an impartial fact finder and shall comply with due process.
B.
The Village Clerk, upon receiving information giving
him or her reasonable cause to believe that any licensee has violated any
provision of this chapter or has been convicted of any violation referred
to in this section or is guilty of having made a false statement or misrepresentation
in his application, and upon finding that the public safety and welfare requires
immediate action, may temporarily suspend forthwith such person's license
within the village until such time as a hearing is held as provided above
and a determination rendered thereon.
C.
It shall be unlawful for any person to operate a food-vending
vehicle within the Village of Great Neck Plaza, even if such person has in
force a valid license issued by the village, if it has been determined, in
accordance with this section, that such license has been suspended or revoked.
Any offense against any provision of this chapter shall be a violation
of this chapter, which shall be punishable by a fine of not more than $250
or imprisonment for a period not exceeding 15 days, or both such fine and
imprisonment.
Section 159-3A of Chapter 159, Peddling and Soliciting, which exempts persons who distribute food on regular customer routes from licensing as peddlers and haulers, shall have no effect on this chapter and shall not provide any exemption for food-vending vehicles which must be licensed under this chapter. With respect to the licensing of food-vending vehicles, to the extent there may be any conflict between this chapter and Chapter 159, Peddling and Soliciting, the provisions of this chapter shall apply.
