[Adopted 7-20-2020 by L.L. No. 4-2020]
This article is enacted for the purpose of regulating the conduct
and business practices of mobile food vending merchants within the
Village of East Aurora. In order to protect the public health, manage
potential conflicting uses of the public right-of-way, and to minimize
unfair competition with fixed-site prepared food vendors in the community,
licensing of mobile food vendors is deemed to be within the police
powers of the Village.
As used in this article, in addition to the definitions contained in §§ 180-1 and 180-20, the following terms shall have the meanings indicated:
Zoning districts in the Village of East Aurora, including
Limited Commercial Residential (LCR), General Commercial (GC), Neighborhood
Commercial (NC), Village Center (VC) and Mid-Main Overlay (MMO).
Any municipality-wide event, including, but not limited to,
Music Fest, sidewalk sales, Roycroft Festival, Backyard Bash, fairs,
civic events, or other general municipal events as so determined by
the Board of Trustees.
A mobile food unit, either self-powered or towed, other than
a work site concession vehicle, from which prepared food is offered
for sale to the public.
The act of vending prepared food through the utilization
of a mobile food vehicle.
Individuals, companies, organizations, partnerships and other entities selling prepared food out of an improved vehicle, including, but not limited to,-food trucks, and other entities selling both cold and hot food items. A food truck or mobile food vendor is, when in conformance with all the provisions of this article, a vendor with prepared food from a properly licensed vehicle eligible to operate in public streets, whether such food is prepared in the vehicle or on another site, and whether such food is sold while the vehicle is located on a public street or on private property. This definition shall not include ice cream trucks that traverse the Village selling frozen novelties, which are otherwise licensed elsewhere in Chapter 180.
A permanent area affixed to or otherwise adjoining an eating
establishment, tavern, and/or restaurant that is usually paved or
constructed specifically for that purpose, as opposed to the use of
sidewalks, parking areas, or walking areas where temporary seating
may be placed. It shall not include other establishments for which
the primary purpose of the business is other than the serving of food
and/or drinks.
Mobile food vending limited to serving the owners, occupants
and guests of just a single- or two-family dwelling, a school, club,
church, professional office, studio, fire station, medical building,
nursing home, or any building offering personal services, and where
the owner and/or occupants have given their written permission for
the event.
Zoning districts in the Village of East Aurora, including
Single-Family Residential (SFR), Low Density Residential (LDR) and
General Residential (GR).
A building where the primary purpose of the establishment
is the service of drinks and/or meals to customers.
A motor vehicle, with a maximum gross weight as reflected
upon its registration of not more than 8,600 pounds, in which food
is not cooked, baked, grilled, broiled or fried.
No mobile food vehicle shall be used for mobile food vending
unless a permit issued pursuant to the provisions of this article
shall first have been obtained, which permit shall at all times be
displayed in a conspicuous location that is visible from the outside
of the vehicle.
The owner of a mobile food vehicle who wishes to engage in mobile
food vending within the Village of East Aurora shall make a written
application to the Village Clerk on a form provided by the Village
Clerk. Mobile food vendors with multiple food trucks shall obtain
a permit for each truck that shall operate within the Village; however,
only one mobile food vehicle truck for each mobile food vendor company
shall be permitted to operate within the Village at the same time.
The application for such permit shall be signed and dated by the owner
or by a corporate officer of the owner, shall identify the signer,
and shall include the following:
A.
Name, address, electronic mail address, and telephone number of each
owner of the mobile food vehicle and, in the case of the corporate
owner, the name, address and telephone number of each corporate officer.
B.
As to each mobile food vehicle for which a permit is requested, a
valid and current Erie County Department of Health certification of
a successful health inspection as to both the vehicle to be used and
the facility where the food is prepared. A person shall not receive
a food truck or mobile food vendor license under this section who
has not first received a license from the State Health Department
authorizing such sales. Any conditions of the State Health Department
shall be incorporated into the license issued under this section,
in addition to any other conditions imposed by the Village of East
Aurora.
C.
As to each self-powered mobile food vehicle for which a permit is
requested, a valid insurance certificate, New York State Department
of Motor Vehicles registration, and certificate of inspection, copies
of which shall be attached to the application.
D.
As to each mobile food vehicle for which a permit is requested, a
valid and current certification of a successful fire inspection conducted
within the prior 12 months by the County of Erie, by a municipality
or fire department within the County of Erie, or by the Village of
East Aurora Fire Inspector, for the specific vehicle to be used in
the Village of East Aurora.
E.
A signed statement that the vendor shall defend, indemnify and hold
harmless the Village and its officers and employees for any claims
for damages to property or injury to persons which may be occasioned
by any activity carried on or under the terms of the permit. Such
statement shall be prepared solely by the Village Attorney.
[Amended 6-6-2022 by L.L. No. 8-2022]
As to each permit application, the initial fee and renewal fee
for a mobile food vending permit shall be set from time to time by
resolution of the East Aurora Village Board. Mobile food vendors who
also operate a restaurant or other eating establishment in the Village
of East Aurora shall be entitled to a reduced fee. Residents of the
Village of East Aurora who are primary owners and operators of mobile
food vehicles shall also be entitled to a reduced fee. Mobile food
vendors found operating within the Village without a permit shall
be required to obtain a permit, and the fee for those vendors who
operate without a permit, in addition to any penalties enforced pursuant
to this chapter, shall be 150% of the required fee according to the
fee schedule.
A.
The Village Clerk of the Village of East Aurora retains the right,
for good cause, to deny, suspend, and/or revoke any permit. A permittee
whose license has been denied, suspended and/or revoked by the Village
Clerk may appeal such revocation at a public hearing before the Village
Board.
B.
Each mobile food vending permit shall expire on December 31 of every
year.
C.
The permit shall not be assigned or transferred without the prior
written approval of the Village of East Aurora.
A.
It shall be unlawful for a mobile food vendor to conduct business
in a location within 100 feet of the physical footprint of the building
or structure housing a restaurant, including any outside patios that
may exist relative to a restaurant that is open to the public. This
requirement shall be waived if written permission for the mobile food
vending operation is first obtained from the owner of the restaurant
and filed with the Village Clerk. Such prohibition shall also not
apply in instances where the mobile food vendor is operating on property
owned by the mobile food vendor that also operates a restaurant on
the same property.
B.
In all commercial zoning districts, it shall be unlawful for a mobile
food vendor to conduct business at a single location within a public
right-of-way for duration exceeding three hours. Movement of the vehicle
to another location within the Village shall not extend the maximum
allowable time of three hours per day within the Village.
(1)
A mobile food vendor shall not be permitted to operate in both a
commercial zoning district and a residential zoning district within
any twenty-four-hour period, measured from the time the mobile food
vendor first conducted business in the Village.
(2)
It shall be an exception to this time limit prohibition that the mobile food vendor has the specific prior written permission of each owner of any restaurant that is located within the boundary limits set forth in § 180-33A above.
(3)
It shall be a further exception to this time limit prohibition that
the mobile food vendor is not located in the public right-of-way at
any time and is wholly situated on property owned by a third party.
(4)
A mobile food vendor shall not be permitted to conduct business within 500 feet of the same location on consecutive days or more than three times at the same location within any seven consecutive days, measured from the first day that the mobile food vendor first conducted business at a specific location, without the specific prior written permission of each owner of any restaurant that is located within the boundary limits set forth in § 180-33A above.
(a)
Such limitation shall not apply in the event that there are
no restaurants within 100 feet of the location.
C.
It shall be unlawful for a mobile food vendor to conduct business
at a single location upon a public right-of-way within any residential
zoning district for a duration exceeding 20 minutes, except at the
time and place of a block party approved by the Village of East Aurora
Board of Trustees or for a private catered event. In the case of a
block party approved by the Village of East Aurora Board of Trustees,
it shall be unlawful for a mobile food vendor to conduct business
at single location upon a public right-of-way within any residential
zoning district for a duration exceeding the duration of the block
party. In the case of a private catered event, it shall be unlawful
for a mobile food vendor to conduct business at a single location
upon a public right-of-way within any residential zoning district
for a duration of more than two hours. Movement of the vehicle to
another residential zoning district location within the Village shall
not extend the maximum allowable time of two hours within any twenty-four-hour
period, measured from the time the mobile food vendor first conducted
business in the Village.
D.
Mobile food vendors must comply with all applicable federal, state
and local statutes and ordinances.
E.
All signage associated with the mobile food vendor must be permanently
affixed to the mobile food vehicle. Accessory signage placed outside
or around the mobile food vehicle is prohibited.
F.
All mobile food vendors must provide trash receptacles and recycling
containers of sufficient capacity to contain all trash and waste generated
in association with the business of the mobile food vendor. All waste
and trash shall be placed in the trash receptacles. All recycling
shall be placed in appropriate containers for removal by the vendor.
All trash, waste, litter and debris shall be removed from the site
of the vending operation at the end of each daily operation.
G.
It shall be unlawful to discharge liquid waste, fats, oils or grease
anywhere in the Village of East Aurora. Such discharges shall be held
in appropriate containers and then disposed of in a legally permissible
manner.
H.
Mobile food vendors shall not conduct operation from a site that
contains a gasoline service.
I.
Mobile food vendors shall not sell alcoholic beverages.
J.
When parked on the public right-of-way, mobile food vendors shall
not dispense products from the street side of the mobile food vehicle.
K.
A self-powered mobile food vehicle shall not be operated in reverse
in order to attempt or make a sale.
L.
Mobile food vending shall not be conducted within 60 feet of an intersection
of two or more public highways/roads or within 30 feet of the intersection
of a public street and private driveway opening. In no cases shall
a food truck or vehicle operate in a traffic lane, on a sidewalk,
or in any location which causes an obstruction to traffic.
M.
It shall be unlawful for any mobile food vendor to conduct business
in a location within 500 feet of the boundary line of any fair, carnival,
circus, festival, special event or civic event that is licensed and/or
approved by the Village of East Aurora, except when the vendor has
obtained a permit to so operate from the Village Clerk of the Village
of East Aurora, with notice to the operator of the fair, carnival,
circus, festival, special event or civic event. Permission may be
conditioned upon the payment of fees charged other vendors with respect
to said event.
N.
In all commercial zoning districts, mobile food vending shall not
be conducted before 7:00 a.m. or after 11:00 p.m. In all residential
zoning districts, mobile food vending shall not be conducted before
9:00 a.m. or after 8:00 p.m.
O.
Mobile food vending shall not be conducted within the General Manufacturing
(GM) Zoning District, the Village Manufacturing (VM) Zoning District
and in the Open Space (OS) Zoning District.
P.
No external seating may be utilized.
Q.
No other equipment may be utilized that is not wholly contained within
the vehicle.
R.
No sound amplifying equipment, nor video, lights, or noisemakers,
may be utilized in the operation of the food truck or vehicle.
S.
Any generator in use must be self-contained and fully screened from
view.
T.
The food truck or vehicle shall obey the orders of any traffic control
officer, peace officer, or inspector, and shall be open to inspection
during all open hours.
U.
Vehicle size shall not exceed 10 feet in height, nor 25 feet in length.
V.
There shall be no overnight parking of food trucks on any public
right-of-way.
W.
Eligible licensees shall have a registered business address within
a fifty-mile radius of the Village of East Aurora.
A.
A mobile food vehicle, while within the Village of East Aurora, may
be inspected at any time for violations of this article by the Village
of East Aurora Police Department, any health inspector with jurisdiction
within the Village of East Aurora, the Village Fire Inspector, and/or
the Code Enforcement Officer of the Village of East Aurora.
B.
Enforcement of the mobile food vending rules and regulations set
forth in this article shall be the responsibility of the Village of
East Aurora Police Department, the Village of East Aurora Code Enforcement
Officer, and/or the Village Fire Inspector. The Village of East Aurora
Police Department, the Village of East Aurora Code Enforcement Officer
and/or the Village Fire Inspector shall administer this article and
be authorized to issue appearance tickets for any violations of this
article.
A.
The penalty for engaging in mobile food vending without properly
obtaining and/or displaying a permit shall be $250 for the initial
offense within a twelve-month period and $1,000 for every subsequent
offense within said twelve-month period. A permit shall be revoked
after the second offense. One who is found guilty more than two times
within a twelve-month period of engaging in mobile food vending without
properly obtaining a permit shall, in addition to applicable fines,
be barred from obtaining a permit for 12 months from the date of the
last violation.
B.
Except for violations of the New York State Vehicle and Traffic Law
which shall be prosecuted as such, penalties for all other violations
of this article not referenced in the preceding subsection shall be
punishable by a minimum fine of $250 or by a term of imprisonment
not to exceed 15 days, or both. Each day's continuance of a violation
after notice shall be deemed a separate and distinct violation and
shall be punishable accordingly.
C.
In addition to any criminal enforcement, the municipality or any
individual may pursue any available civil remedies deemed appropriate
and necessary.
The laws of the Village of East Aurora, including but not limited to Chapter 285, Zoning, of the Village of East Aurora, shall apply to all licenses granted under this article. The Village reserves the right to revoke any license that violates such laws of the Village of East Aurora.
