[HISTORY: Adopted by the Board of Trustees of the Village of Liverpool 5-27-1986 by L.L. No. 4-1986 (Ch. 71 of the 1987 Code). Amendments noted where applicable.]
Whenever used in this chapter, the following terms shall have the meanings indicated:
- The area solely within Zoning Districts B-1, B-2 and C-1 as defined by the Official Zoning Map of the Village of Liverpool in which food vendors or vendors shall operate.
- COMMISSIONER OF HEALTH
- The Commissioner of Health of the County of Onondaga.
- COMMUNITY EVENT
- A parade, observance of a national or state holiday or a civic event designated by the Board of Trustees as a community event.
- Any raw, cooked or processed edible substance or beverage or ice cream, ice cream products or frozen desserts.
- FOOD VENDOR or VENDOR
- A person who hawks, peddles, sells or offers food for sale at retail in any public space or park or a concession stand situated in a park or area, as defined herein.
- Any Village park from curb to curb, including the sidewalk and/or plaza area therein.
- PUBLIC SPACE
- All publicly owned roadways, streets or sidewalks.
- Any wheeled vehicle or device used by a food vendor, other than a motor vehicle or trailer, which may be moved with or without the assistance of a motor and which does not require registration by the Department of Motor Vehicles.
- A movable, portable or collapsible structure, framework, device, container or other contrivance used by a food vendor for displaying, keeping or storing any food or article required by him while acting as such vendor.
- Any street or public thoroughfare maintained by the Village for vehicular traffic. A street shall include all state and county highways within the Village and approved by the state and county as being within the scope of this chapter.
- STREET CORNER
- The area within the intersection of two streets from the
pavement and/or curb edge to the edges of the sidewalk farthest from
the pavement or curb edge.[Amended 7-25-1994 by L.L. No. 5-1994]
- A motor vehicle or trailer as defined in the Vehicle and Traffic Law.
- To hawk, peddle, sell or offer food in a public space or park delivered immediately for consumption or purchase for consumption elsewhere.
Editor's Note: The Zoning Map is on file in the office of the Village Clerk.
It shall be unlawful to act as a food vendor or to vend food from any vehicle, pushcart, stand or park concession stand in a public space or park or area without first having obtained a license in accordance with the provisions of this chapter. No license shall be required of the regularly constituted and duly authorized members of bona fide organizations, religious, charitable, civic or otherwise, where the proceeds derived from vending go and belong to such organizations for their sole use. This exemption shall not include private individuals or companies who agree to give any or all of their proceeds to charitable organizations.
Application for a license hereunder shall be made in writing to the Village Clerk by the person to be licensed, on forms to be furnished by said Clerk. The application shall contain such information as to name and address of the applicant, matters affecting public health and such other information as said Clerk may reasonably require.
[Amended 7-25-1994 by L.L. No. 5-1994]
Upon receipt of an application for a license, the Village Clerk shall refer such application to the Code Enforcement Officer for investigation to determine whether the applicant meets the requirements of this chapter.
[Amended 5-26-1987 by L.L. No. 2-1987; 7-25-1994 by L.L. No. 5-1994]
No license shall be issued by the Village Clerk until the Code Enforcement Officer has determined that:
The applicant has provided a valid copy of the food service permit issued by the Onondaga County Department of Health.
The applicant has submitted evidence of good moral character.
The applicant has submitted an indemnity bond in an amount established by resolution of the Village Board to indemnify and save harmless the Village of Liverpool, its agents, officers and employees from all claims, suits or actions of every name or description brought against the Village, its officers, employees or agents on account of injuries, death or damages to persons or property received or sustained or alleged to be sustained by any person or persons arising out of the license issued herein or in any permit or permission granted to the applicant to vend at any public space or park.
The applicant has submitted a certificate of insurance for comprehensive general liability insurance, including products of liability and bodily and property damage coverage, insuring the Village of Liverpool and the applicant from all claims from damage to property or bodily injuries, including death, which may arise out of any license or permit or permission issued herewith. Such insurance shall provide coverage in an amount set by resolution of the Board of Trustees during the entire term of the license and shall provide that the policy shall not be terminated or canceled without 30 days written notice to the Village Clerk.
The applicant has submitted a location drawing, to scale, approved by the Superintendent of Public Works, when the applicant proposes to vend on a Village sidewalk, park or other public location.
The applicant has submitted proof of compliance with the Fire Prevention Code requirements acceptable to the Code Enforcement Officer in the event that a liquefied propane gas tank heat-producing device or any open flame is to be used in conjunction with the applicant's food vending.
A separate license shall be required for each vehicle, pushcart or stand or park concession stand or for each food vendor selling or dispensing without a stand, pushcart or vehicle.
[Amended 5-26-1987 by L.L. No. 2-1987]
The fee for a license user this chapter shall be as set by resolution of the Board of Trustees.
Editor's Note: Current fees are on file in the office of the Village Clerk.
Each license shall expire, unless sooner revoked as herein provided, on December 31 of the year in which issued.
Every vendor shall affix to his vehicle, pushcart or park concession stand in a conspicuous place, where the same may be plainly seen during the term of said license, the permit bearing an identification number and the year of the issuance of the license issued by the Village Clerk.
Every vendor selling or dispensing without a vehicle, pushcart or stand shall carry on his person the permit bearing the identification number and the year of the issuance of the license issued by the Village Clerk.
No food vendor shall conduct business at the following locations:
Within 10 feet of a sidewalk corner.
Within the extension of a doorway or entrance to the curb and perpendicular to said doorway or entrance for a distance of 10 feet.
Within the extension of a doorway or entrance to the curb and perpendicular to said extension for a distance of 100 feet whenever said doorway or entrance is to a restaurant, fruit or vegetable market situated on the main floor of said building, church or funeral home.
All vendors conducting business from a vehicle, pushcart or stand must regularly pick up all papers, cartons, rubbish or any debris in any form which is deposited within a radius of 50 feet from the vendor's stand, pushcart or vehicle.
Each vendor conducting business at a public place, park or area shall maintain a suitable waste container adjacent to his vehicle, pushcart or stand for the placement of litter by customers or any other persons and shall duly dispose of said litter outside of the Village limits.
No pushcart or stand shall occupy more than 20 square feet of area.
No vendor shall carry on his business in a loud or boisterous manner, advertise his wares by calling or shouting or advertise his wares by ringing any gong or bell or playing or causing to be played any mechanical or electrical musical sound device while his vehicle is in a stationary position.
No vendor shall ring any gong or bell or cause to be played any mechanical or electrical musical sound device to advertise his wares or in aid of his business in any street, lane or alley or upon any sidewalk or upon any plaza, steps or platform immediately adjoining any street, lane or alley in the Village.
No vendor shall attach or have attached any flashing or revolving light or lights on a vehicle used in aid of his business except those permitted by law.
Any license or permit issued pursuant to the provisions of this chapter may be revoked by the Village Clerk upon notice and hearing for any of the following causes:
The Village Clerk has been advised by the Commissioner of Health that such vendor has violated any of the provisions of law or the Sanitary Code of Onondaga County or rules or regulations therein contained.
A false or fraudulent statement is contained in the application for a license or application for any permit or permission.
A fraudulent or false statement is made in connection with the selling of any food item.
The vendor violates any provision of this chapter.
[Amended 5-26-1987 by L.L. No. 2-1987; 7-25-1994 by L.L. No. 5-1994]
The applicant shall, upon receipt of the permit issued by the Village Clerk, meet with the Superintendent of Public Works at the location authorized by such permit. The Superintendent of Public Works shall then identify and mark the exact location for the food vendor to operate. The Superintendent of Public Works shall then record such location with the Code Enforcement Officer, the Village Clerk and the Chief of Police.
Park locations. The Superintendent of Public Works is hereby authorized to determine the number of vendors to be permitted in Village parks and parking areas adjacent thereto, the specific location of a vehicle, stand or pushcart and the square footage which can be occupied by said vendors. Preference shall be given to residents of the Village and owners/or operators of businesses within the Village of Liverpool. Unless authorized by the Board of Trustees, it shall be unlawful for any person to act as a food vendor in the following parks: