[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale 7-24-1939 by Ord. No. 54 (Ch. 70 of the 1975 Code). Amendments noted where applicable.]
As used in this article, the following terms shall have the meaning indicated:
- ESTABLISHED PLACE OF BUSINESS
- A building or store in which the person deals in the goods, wares or merchandise for which he solicits orders from customers and delivers the same during regular business hours.
- HAWKER and PEDDLER
- Shall mean and include, except as hereinafter expressly provided, any person, either principal or agent, who, in any public street or public place or by going from house to house or place to place on foot, or on or from any animal or vehicle, sells or barters, offers for sale or barter, or carries or exposes for sale or barter, any goods, wares or merchandise, except newspapers and periodicals.
- A natural person, corporation, partnership or association.
- Any person who, by going from place to place or house to house, or who, in any street or public place, takes or offers to take orders for goods, wares or merchandise, except orders for newspapers and periodicals, or for services to be performed in the future.
The requirements of § 402-3 hereof shall not apply to persons selling personal property for resale to dealers in such articles; to merchants having an established place of business within the Village, or their employees, who obtain orders from their customers and deliver the same; to the peddling of meats, fish, fruits and farm produce by farmers and persons who produce such commodities; to hawking or peddling by an honorably discharged soldier, sailor or marine who is crippled as a result of injuries received while in the naval or military services of the United States; or the holder of a permit granted pursuant to § 32 of the General Business Law lawfully acting thereunder. This article shall also not apply so as to unlawfully interfere with interstate commerce.
It shall be unlawful for any person to act as a hawker, peddler or solicitor, as herein defined, within the incorporated limits of the Village of Farmingdale without first having obtained a permit therefor and without having such permit in force and effect. Such permit may be granted by the Mayor after written application therefor filed with the Village Clerk-Treasurer, specifying the name, age and address of the applicant, the name and address of the person, firm or corporation he represents, the length of time the applicant desires the permit, the kind of goods, wares and merchandise he desires to sell, the method of distribution, and such other information and proof, including satisfactory proof of good character, as may be required by the Mayor. The application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved. Such permit shall automatically expire on August 19 following the date of issuance thereof.
The Mayor shall not grant such permit unless he be satisfied that the person applying be a fit and proper person to conduct such business. The permit shall be signed by the Mayor and countersigned by the Village Clerk-Treasurer. No permit shall be deemed to be in effect until the fee hereinafter prescribed shall have been paid to the Village Clerk-Treasurer and his receipt endorsed thereon. Such permit shall give the permittee the right to use only one vehicle in carrying on the business for which he is permitted. For each additional vehicle so used by him, an additional fee as established from time to time by resolution of the Board of Trustees per annum shall be paid, in which event the permit shall state the number of vehicles permitted to be used. A permittee may employ one person without a permit to assist in selling and delivering his wares, but such person without a permit shall so act only while accompanying a permitted peddler, hawker or solicitor.
The permit fee for such peddling, hawking and soliciting shall be as established from time to time by resolution of the Board of Trustees per annum. Permits as aforesaid may be granted in the discretion of the Mayor for any period less than one year upon the payment of a pro rata amount of the aforesaid permit fee, provided that no such pro rata amount shall be in an amount less than that amount established from time to time by resolution of the Board of Trustees.
Every such permittee, as well as every person holding a permit under the provisions of § 32 of the General Business Law, shall, while engaged in hawking, peddling or soliciting within the Village, carry his permit upon his person, and shall produce and exhibit the same upon demand of any officer or citizen. The refusal of any such person to produce a permit when demanded shall be presumptive evidence that he is hawking, peddling or soliciting without a permit.
A hawker, peddler or solicitor shall:
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.
Keep the vehicle and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
Not use any obnoxiously noisy device to attract public attention to his wares, or shout or cry out his wares.
Not stand or permit the vehicle used by him to stand in any public place or street for more than 10 minutes, or in front of any premises for any time if the owner of or lessee of the ground floor thereof objects.
Not sell any confectionery or ice cream within 250 feet of any public or private school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
Not permit any vehicles used by him to stop or remain on any crosswalk or driveway.
Not create or maintain any booth or stand, or place any barrels, boxes, crates or other obstructions, upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
Not peddle, hawk or solicit on Sunday nor on weekdays during the period from 1/2 hour after sunset to 1/2 hour after sunrise.
Not litter or strew public or private property with discarded containers, refuse or debris of any kind.
[Amended 1-5-2015 by L.L. No. 2-2015]
Every person violating this article or any provision thereof shall be punished by a fine not in excess of $250 or 15 days' imprisonment, or both, for each offense, and in addition thereto shall be guilty of disorderly conduct and the person violating the same shall be a disorderly person.
All ordinances or parts of ordinances in conflict with this article are hereby repealed. This article shall take effect August 19, 1939.
[Added 10-17-2016 by L.L. No. 5-2017]
The Board of Trustees of the Incorporated Village of Farmingdale ("Village") finds that it is in the best interest of the public health, safety, welfare and convenience to authorize the operation of mobile food vehicles within the Village of Farmingdale, subject to regulations to protect the public health, safety, welfare and convenience.
The general purpose of this article is to promote the health, safety, comfort, convenience, prosperity, and general welfare of the public by establishing reasonable guidelines and regulations for mobile food vehicles. The Board of Trustees finds that the operation of mobile food vehicles subject to the requirements of this article is in the best interests of the Village.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Any person or business that applies for a permit or renews a permit under the provisions of this article.
- EXISITNG EATING ESTABLISHMENT
- A brick and mortar restaurant or other eating establishment in good standing and physically located within the Village which has obtained, and maintains, all required approvals, licenses, where food and/or meals are generally served and eaten on premises. An existing eating establishment does not include an establishment that is delivery only.
- HOURS OF OPERATION
- The designated time frame for the operation of mobile food vehicles within the Village.
- MOBILE FOOD VEHICLE (MFV or MFVs)
- A commercially manufactured, self-contained, motorized mobile food unit in which ready-to-eat food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution, for individual portion service. The MFV shall be readily movable; and shall be removed daily in accordance with this article. The Village Board of Trustees shall from time to time establish, by resolution, the size of any MFV.
- MOBILE FOOD VEHICLE VENDOR (MFVV or MFVVs)
- The owner of an MFV, its principals, shareholders or members.
- MFV PERMITTED OPERATING AREA
- The only location an MFV shall be permitted. An MFV shall only be permitted in an area designated by the Village Board of Trustees as an MFV permitted operating area. The Board of Trustees shall establish, by resolution, on a case-by-case basis, an MFV permitted operating area, taking into consideration the potential impact of each particular MFV on nearby businesses and residences. An MFV may be permitted on Main Street, but only when Main Street has been closed to vehicular traffic.
- The MFVV, its agents, representatives or employees and any other person who operates or conducts the business of an MFV.
- PERMIT, MFV
- Written authorization to operate an MFV in accordance with the requirements of this article.
- Any natural person, firm, partnership, association, or corporation. Whenever the word "person" is used in any section in this article prescribing a penalty or fine as applied to a partnership or association, the word shall include the partners or members thereof; such word as applied to corporations shall include the officers, agents, or employees thereof who are responsible for any violation of such section.
It shall be unlawful for any person to operate an MFV within the Village without first having obtained a valid MFV permit pursuant to this article.
Any person desiring to operate an MFV shall make a written application for such permit to the Superintendent of Buildings for the Village. The application for an MFV permit along with a nonrefundable application fee (or renewal fee) in the amount of $250 shall be submitted to the Village on forms provided by the Superintendent of Buildings, and shall include the following:
The name, address, and signature of each applicant and each corporate officer or member of the MFVV.
The names, address and signature of each driver of the MFV. No person shall be permitted to drive or operate unless such driver or operator is specifically authorized to operate the MPV pursuant to this article.
A valid copy of all necessary licenses, permits or certificates required by the County of Nassau, State of New York or any subsidiary enforcement agencies or departments thereof, including, but not limited to, health department certification, a valid New York State Department of Motor Vehicles registration and certificate of inspection and valid driver's licenses of all MFV drivers and operators.
A signed statement that the MFVV shall indemnify, and hold harmless, the Village, its officers and employees from any claims for damage to property or injury to persons which may be occasioned by any activity carried on under or arising out of the operation of the MFV. The MFVV shall furnish and maintain, for the benefit of the Village, public liability insurance, food products liability coverage, commercial general liability coverage, property and fire insurance coverage, and motor vehicle liability insurance as will protect the Village from any and all claims for damage to property or bodily injury, including death, which is in any way connected to or arises out of the use and operation of the MFV. The limits of the aforementioned coverage shall not be less than $1,000,000 per occurrence. The policy shall further provide that it may not be canceled except upon 30 days' written notice served upon the Village by certified mail or next day mail. An MFV permit issued pursuant to the provisions of this article shall be automatically revoked (shall not require any action on the part of the Village) upon the failure to maintain the insurance required pursuant to this section.
All permit applicants, including all proposed drivers and operators of the MFV, shall submit to a Nassau County Police Department background check for convictions related to the proposed activity that would indicate that he or she is not a suitable permittee. A permit application may be refused by the Superintendent of Buildings if, in his or her discretion, a prior criminal conviction demonstrates that he or she is not a suitable permittee.
All MFVs shall be presented to the Village Fire Department for inspection to determine if the MFV meets all applicable New York State Fire Codes. No permit shall be issued or renewed without the approval of the Village Fire Department.
The initial permit shall be subject to the approval of the Village Board of Trustees. Initial permits shall be for a period of three months. Thereafter, the first renewal application shall be submitted to, and reviewed by, the Village Superintendent of Buildings who shall, upon compliance with this article, renew the permit for an additional one-year term. Thereafter, the permit shall be renewable as set forth in this subsection for additional one term. A renewal fee of $250 shall be paid with each yearly renewal.
An MFV permit shall not be transferable.
The MFV permit shall be valid for one MFV only. No substitute vehicle shall be permitted to operate under the MFV permit unless there is compliance with the requirements set forth in this article for any MFV and there is written approval of the Board of Trustees.
The MFV permit shall be permanently and prominently affixed to the MFV.
No MFV may be operated before obtaining a permit as specified in § 402-11. An MFV may operate only on Friday and Saturday from 11:30 p.m. to 4:30 a.m. The operation of any MFV on other days and at other times shall be prohibited.
All MFVs must be equipped with trash receptacles of sufficient capacity that shall be changed as necessary to prevent overflow or the creation of litter or debris. No MFV garbage may be deposited in pubic trash receptacles by any MFVV. It is a violation of this article for any MFVV or other individual on the MFVV's behalf to deposit MFV trash into a public trash receptacle. If MFV trash is deposited in a public receptacle by someone other than the MFVV or an operator of the MFV, the operator shall also be subject to a fine in amounts equal to the fines prescribed in this article, except that there shall be no fine for the deposit by MFV patron's individual trash into a public trash receptacle. All MFV permitted operating areas shall be cleaned and free from litter upon the MFV vacating the area or at 4:30 a.m. In the event that such area is not cleaned and free from litter, any MFV operating in the MFV permitted operating area shall be in violation of this section.
The operation of an MFV other than those specified and authorized in this article shall be prohibited.
No MFV may be located within the MFV permitted operating area other than during the days and times specified in § 402-12. The MFV shall be removed from the MFV permitted operating area at the conclusion of each day's operation and stored outside of the MFV permitted operating area.
No MFV shall be permitted to operate in the Village and no permit shall be issued unless the MFVV is the owner of an existing eating establishment.
The MFV shall only be permitted to park and operate in an MFV permitted operating area. The size of the MFV shall be prescribed by resolution of the Board of Trustees.
No MFV permit shall be granted unless the length of the existing eating establishment's frontage satisfies the requirements established by resolution of the Village Board of Trustees.
Nothing contained in this article shall be construed to allow an MFVV to violate parking restrictions. All MFVs must abide by all parking and vehicle and traffic laws, ordinances, rules and regulations at all times, except that an MFV that is of such a length that it occupies all or a portion of two vehicle parking spaces may park in said spaces so long as it abides by all other parking restrictions, including any hourly maximum durational requirements in force and effect at that time and location.
All signage must be permanently affixed to the MFV. No accessory signage shall be placed outside or around the MFV. A-frame signs compliant with § 462- 3G(8) shall be permitted.
The owner/operator of any MFV shall comply with all provisions of federal, state and local laws and ordinances applicable to MFVs.
Any MFVV or operator shall comply with all notices, orders, decisions and rules and regulations made by the Village Building Department, Village Code Enforcement, Village Fire Department, Nassau County Police Department or any other department and/or agency having jurisdiction over the MFV.
All MFVV shall be required to make accommodations to the public and provide at their expense any required mitigation for any sound, odor or other condition offensive to the public.
Food vendors which receive permission from the Village to operate during festivals and fairs are not subject to the requirements of this chapter.
An MFV or MFVV shall not:
Operate any MFV in any area other than in an MFV permitted operating area.
Obstruct pedestrian or motor vehicle traffic flow.
Obstruct traffic signals or regulatory signs.
Stop, stand or park upon any street for the purpose of selling during the hours when parking, stopping and standing have been prohibited by signs or curb markings.
Leave the MFV unattended at any time or store, park, or leave such conveyance in a public space overnight.
Use any MFV which cannot be easily moved and maintained under control by the MFVV or operator.
Use any sound or device that produces a loud and raucous noise or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract public attention, or otherwise violate applicable noise restrictions in the Village Code.
Make or cause to be made any sound or odor or smell that is offensive to the public.
Serve or cause to be served any alcoholic beverages.
Conduct its business in such a way as would restrict or interfere with the ingress or egress of abutting property owners or tenants, create a nuisance, increase traffic congestion or delay, constitute a hazard to traffic, life or property, or obstruct adequate access to emergency and sanitation vehicles.
All MFVVs shall assure the Village that a current and correct name, residence address and mailing address are on file with the Superintendent of Buildings. Whenever either the name or address provided by an MFVV changes, the permittee shall notify the Superintendent of Buildings in writing within 10 days of such change and provide the same with the name change or address change.
In addition to the penalties contained in this article, a permit issued pursuant to this article may be suspended for:
Fraud, misrepresentation or knowingly false statement contained in the application for the permit;
Fraud, misrepresentation or knowingly false statement in the course of carrying on the MFV business or operation;
Operating in any manner contrary to the conditions of the MFV permit or the requirements of this article;
Operating the MFV in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public health, safety, welfare or morals, or interfere with the rights of abutting property owners; or
Revocation or suspension of the authorization granted by other government agencies or departments with jurisdiction over the MFV including but not limited to the suspension or revocation due to motor vehicle, health or sanitation violations.
The Superintendent of Buildings shall provide written notice of the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or revocation, and notifying the MFVV of his right to appeal in accordance with § 402-19. Such notice shall be mailed, within 10 days after the action or decision, to the address on the MFV permit holder's application by overnight mail or certified mail, return receipt requested.
If an MFV permit is revoked, the fee paid for the permit shall be forfeited. A person whose permit has been revoked pursuant to this section may not apply for a new permit for a period of one year from the date of revocation.
Any person, firm, corporation or other entity violating the provisions of this article may be liable for penalties as prescribed below and elsewhere in this article and the Village Code, and may be subject to immediate closure by the Village, pending an appeal as specified in § 402-19. Unless it is determined that the continued operation of the MFV poses an unreasonable risk to the health and safety of the public, upon the filing of the MFVV's appeal, the MFVV shall have the right to operate in accordance with this article until such appeal is heard and decided by the Village Board of Trustees, provided that the MFFV shall be subject to a continuing, daily fine in accordance with Subsection B.
For violations of this article, the following fine schedule shall apply, unless otherwise set forth in this article:
A first offense: a fine of $500, and/or 15 days in jail, after a finding or plea of guilty before the Village's Justice Court.
A second offense within six months of the first offense: a fine of $1,000, and/or 15 days in jail, after a finding or plea of guilty before the Village's Justice Court.
Third offense within six months of the first offense: a fine of $2,000 and permit revocation, and/or 15 days in jail, after a finding or plea of guilty before the Village' s Justice Court.
Each day the MFV operates in violation of this article shall constitute a separate offense and shall be punishable as such, except that such continuing daily violations shall not be considered a second offense and third offense as set forth in Subsection B(2) and (3) for purposes of calculating the fine for such continuing daily violations.
Any MFV operating without the required MFV permit shall be immediately closed by the Village. The operation of an MFV without an MFV permit shall subject the person, firm, corporation or other entity operating the MFV to a fine of $1,500. For purposes of this article, every day of operation without an MFV permit shall constitute a separate offense and be punishable as a separate violation.
If the Superintendent of Buildings denies the issuance of an MFV permit, suspends or revokes an MFV permit, or orders the cessation of any part, or all, of the MFV operation, the aggrieved party may appeal the decision to the Village Board of Trustees.
Any person aggrieved by the action or decision of the Superintendent of Buildings to deny, suspend or revoke a permit applied for under the provisions of this article shall have the right to appeal such action or decision to the Village Board of Trustees, within 10 days after the notice of the action or decision has been mailed to MFVV's address as shown on the MFV permit application form.
If a hearing is requested, the statement shall make such request. An appeal shall be taken by filing with the Village Clerk a written statement setting forth the grounds for the appeal.
In the event that a hearing is requested, the Village Clerk shall transmit the written statement of appeal to the Village Board of Trustees within 10 days of the Clerk's receipt of the appeal and the Village Board of Trustees shall at the next regularly scheduled public meeting set a time and place for a hearing on the appeal. The MFVV may choose to forgo the hearing and submit its appeal in writing. Where no hearing request is made, the appeal will be determined by the Village Board of Trustees upon written submissions and its decision shall be made no later than 30 days after the Clerk's transmittal of the appeal to the Board.
Nothing contained in this article shall be construed to be an amplification or derogation of the rights or responsibilities of abutting property owners. Any remedies, rights or obligations provided to such property owners or their successors in interest under the law of real property or the laws of the State of New York shall be in addition to the remedies, rights, obligations or penalties provided hereunder.