[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 and B-2 as defined
by the Official Zoning Map of the Village of Liverpool[1] in which food vendors or vendors shall operate.
[Amended 6-22-2022 by L.L. No. 2-2022]
The Commissioner of Health of the County of Onondaga.
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.
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.
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.
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.
[1]
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; 6-22-2022 by L.L. No. 2-2022]
No license shall be issued by the Village Clerk until the Code
Enforcement Officer has determined that:
A.
The applicant has provided a valid copy of the food service permit
issued by the Onondaga County Department of Health.
B.
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.
C.
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.
D.
The applicant has submitted proof of compliance with the Fire Code
of New York State Mobile Food Preparation Vehicle requirements acceptable
to the Code Enforcement Officer and passed a fire safety inspection
to be performed by the Code Enforcement Officer.
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.[1]
[1]
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.
A.
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.
B.
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.
A.
No food vendor shall conduct business at the following locations:
(1)
Within 10 feet of a sidewalk corner.
(2)
Within the extension of a doorway or entrance to the curb and perpendicular
to said doorway or entrance for a distance of 10 feet.
(3)
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.
B.
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.
C.
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.
D.
No pushcart or stand shall occupy more than 20 square feet of area.
E.
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.
F.
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.
G.
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:
A.
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.
B.
A false or fraudulent statement is contained in the application for
a license or application for any permit or permission.
C.
A fraudulent or false statement is made in connection with the selling
of any food item.
D.
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]
A.
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.
B.
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:
