[Adopted 1-24-2012[1]]
As used in this article, the following terms shall have the
meanings indicated:
A commercially manufactured, self-contained, motorized mobile
food unit in which ready-to-eat food is cooked, wrapped, packaged,
processed, prepared or portioned for service, sale or distribution;
or one in which beverages are brewed, blended, chilled, bottled, portioned,
poured, or prepared for service, sale or distribution.
[Amended 5-24-2016]
The owner of a mobile food vehicle or the owner's agent;
hereinafter referred to as "vendor."
A.
It shall be unlawful for any person to operate a mobile food vehicle
within the public rights-of-way or on public property within the City
of Buffalo without first having obtained a valid mobile food vending
license as prescribed in this article. Operation of a mobile food
vehicle on private property shall continue to be regulated and prohibited
in accordance with all applicable provisions of the City Code.
B.
Any mobile food vehicle vendor operating within the Special Downtown District shall abide by Article VIII of this chapter within said district, and the restrictions enumerated herein shall only apply to all areas outside of said district.
C.
It shall be unlawful for a mobile food vehicle vendor to park, stand,
or operate in a location which is adjacent to or within a one-hundred-foot
radius of the nearest edge of any building or section of a building
comprising a licensed food establishment, excluding any patio, awning
or temporary enclosure attached thereto, the kitchen of which is open
for serving food to patrons. This requirement may be waived if the
application is submitted together with the written consent of the
proprietor of the adjacent licensed food establishment.
D.
Each and every MFVV must at all times carry on the vehicle a "measuring wheel" with a measuring capacity of no less than 500 feet as a condition of its licensure. The failure of any MFVV to carry such a "measuring wheel" or abide by the proximity distance restrictions included in this article shall constitute a violation of this article pursuant to § 316-56 of this Code.
E.
All mobile food vehicle vendors must abide by all parking and vehicle
and traffic laws, ordinances, rules and regulations at all times,
except that a mobile food vehicle 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 two-hour-maximum durational requirements in force and
effect at that time and location.
F.
It shall be unlawful for any mobile food vehicle vendor to operate within 500 feet of the boundary line of any fair, carnival, circus, festival, special event or civic event that is licensed or sanctioned by the City, except when the vendor has obtained a permit to so operate from the City of Buffalo in accordance with Chapter 414 of this Code.
G.
It shall be unlawful for any mobile food vehicle vendor to operate
within 100 feet of any hot dog vendor licensed to vend hot dogs within
the City of Buffalo.
H.
All signage must be permanently affixed to the mobile food vehicle.
No accessory signage shall be placed outside or around the mobile
food vehicle.
I.
All mobile food vehicles must be equipped with trash receptacles of a sufficient capacity that shall be changed as necessary to prevent overflow or the creation of litter or debris. Each mobile food vehicle vendor shall be responsible for abiding by § 216-9 of this Code, any violation of which shall be punished in accordance with § 216-11 of this Code.
A.
Any person desiring to operate a mobile food vehicle shall make a
written application for such license to the Department of Permit and
Inspection Services, Office of Licenses. The application for such
license shall be on forms provided by the Commissioner of Permit and
Inspection Services or his designee, and shall include the following:
(1)
Name, signature and address of each applicant and each corporate
officer of the mobile food vehicle vending corporation.
(2)
A valid copy of all necessary licenses, permits or certificates required
by the County of Erie, the State of New York or any subsidiary enforcement
agencies or departments thereof, including, but not limited to, a
valid New York State Department of Motor Vehicles registration and
certificate of inspection and valid driver's licenses of all vehicle
operators.
(3)
A signed statement that the vendor shall hold harmless the City and
its officers and employees, and shall indemnify and hold harmless
the City and its officers and employees for any claims for damage
to property or injury to persons which may be occasioned by any activity
carried on under the terms of the license. The vendor shall furnish
and maintain such public liability, food products liability, and property
insurance, as will protect the vendor and the City from all claims
for damage to property or bodily injury, including death, which may
arise from the operations under the license or in connection therewith.
Such insurance shall provide coverage of not 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 City
of Buffalo Office of Licenses. A license issued pursuant to the provisions
of this section shall be invalid at any time the insurance required
herein is not maintained and evidence of continuing coverage is not
filed with the City of Buffalo Office of Licenses.
(4)
All license applicants shall submit to a Buffalo Police Department
background check into the moral character of the applicant for convictions
related to the proposed activity that would indicate that he or she
is not a suitable licensee. A license application may be refused by
the Commissioner of Permit and Inspection Services or his designee
if, in his or her discretion, a prior criminal conviction demonstrates
that he or she is not a suitable licensee.
(5)
All license applicants and applicants for renewals thereof shall
present each vehicle to the Department of Fire to determine that the
vehicle meets all applicable New York State Fire Codes.
[Added 3-26-2013]
(6)
The
initial license shall be subject to approval by the Common Council
of the City of Buffalo.
[Added 3-26-2013]
Every mobile food vehicle vending license shall contain the
following conditions:
A.
Each mobile food vehicle vending license shall expire on April 1
of every year.
B.
The license shall not be transferable from person to person without
the written approval of the Director of Licenses.
C.
The license is valid for one vehicle only.
D.
There shall be issued to each vendor a suitable decal that shall
be permanently and prominently affixed to the vehicle.
[Amended 3-26-2013]
A.
The owner/operator of any mobile food vehicle licensed by the City
of Buffalo shall comply with all provisions of federal, state and
local laws and ordinances.
B.
The owner/operator of any mobile food vehicle licensed by the City
of Buffalo shall comply with all notices, orders, decisions and rules
and regulations made by the Department of Permit and Inspection Services,
Buffalo Police Department or any other City of Buffalo department
and/or agency.
C.
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 Code, and may be subject to immediate closure by
the Buffalo Police Department and/or the Department of Permit and
Inspection Services, pending an administrative hearing, which will
be scheduled within 60 days of said immediate closure. The licensee
shall have the right to operate in accordance with this article between
the time of the alleged violation and the hearing and the final determination
regarding the same.
D.
For violations solely of the provisions of this article, the following
fine schedule shall apply:
(1)
First offense: fine of $200 after a finding or plea of guilt before
the City of Buffalo's Bureau of Administrative Adjudication.
(2)
Second offense: fine of $350 after a finding or plea of guilt before
the City of Buffalo's Bureau of Administrative Adjudication.
(3)
Third offense: license revocation after a finding or plea of guilt
before the City of Buffalo's Bureau of Administrative Adjudication.
[Amended 3-26-2013]
Any mobile food vehicle operating without the required City
of Buffalo license shall be immediately closed by order of the Buffalo
Police Department or the Department of Permit and Inspection Services.
Every day of operation without a license shall constitute a separate
violation and shall be punishable by a fine of $1,500 per violation.[1]
[1]
Editor's Note: Former § 316-58, Sunset provision,
which immediately followed, was repealed 3-26-2013.
