[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 5-24-2023 by L.L. No. 5-2023. Amendments noted where
applicable.]
The purpose of this chapter is to regulate food trucks within the Town of Poughkeepsie in a manner that protects the public health, safety and welfare. This chapter describes the licensing and permitting procedures for food trucks and is intended to operate in conjunction with the regulations of Chapter 210, Zoning.
The following terms shall, for the purposes of this chapter,
have the meanings herein indicated:
A type of food truck which does not include cooking facilities
and from which only preprepared foods and nonalcoholic beverages are
sold or distributed, for periods of no more than 30 consecutive minutes,
from the public right-of-way, or on private property with the written
consent of the property owner.
A mobile food service operation located in a motor vehicle
or a movable cart, stand, or trailer, and from which food and beverages
are sold or distributed in individual portions to the general public
directly from the food truck for consumption on or off the premises.
The registered owner of a food truck or the owner's
agent or employee.
A type of food truck from which only ice cream, popsicles,
ice sherbet, or a frozen dessert of any kind is sold or distributed,
and which may operate on public grounds and from the public right-of-way
as long as the ice cream truck remains stationary for no more than
30 consecutive minutes.
Lands, other than the public right-of-way, that are publicly
owned and used for public purposes, such as parks and recreation areas.
Any publicly owned land adjacent to and abutting any public
street, road or highway.
A.
License required; term of license. It shall be unlawful to operate
a food truck within the Town of Poughkeepsie without first having
obtained a license for such purpose in accordance with the provisions
of this chapter. The food truck license shall be valid for one year
from the date of issuance, or the period for which the Department
of Health permit is valid, whichever is sooner, unless sooner terminated
or revoked. Any termination, expiration or revocation of the required
permit from the Dutchess County Department of Behavioral and Community
Health shall constitute an automatic revocation of the license issued
by the Town.
B.
Permit and zoning use authorized. In accordance with §§ 114-5 and 114-6 herein, a food truck operator also may require a permit from the Zoning Administrator, and site plan approval from the Planning Board, where such use is permitted by § 114-5E(2) in the zoning district in which the property is located.
C.
Application. An application for a food truck license shall be made
to the Town Clerk on a form provided by the Town, and shall be accompanied
by a nonrefundable application fee in accordance with the Fee Schedule
established by the Town Board. The application shall, at a minimum,
include the following information:
(1)
Name, address, email address, and telephone number of the food truck
operator and of the registered owner of the food truck, if different.
(2)
A description of the food truck, including the license plate number,
vehicle identification number (VIN), year, make, and model of the
vehicle, and dimensions (length and width), and photographs of the
truck, registration, VIN, and license plate.
(3)
Proof of a valid state motor vehicle registration number for the
vehicle.
(4)
A copy of a valid Dutchess County Department of Behavioral and Community
Health permit for a mobile food service operation.
(5)
If applicable, a copy of a license from the New York State Liquor
Authority.
(6)
A copy of a valid annual firesafety inspection by the Town of Poughkeepsie
Building Department certifying that the food truck is NFPA compliant.
(7)
Proof of valid insurance, which must be kept continuously in force
during the term of the license. At the time of application, applicants
shall provide proof of insurance that extends for the entire license
period. The insurance must meet the liability guidelines set by the
Town and be in form and substance satisfactory to the Town Attorney.
D.
The Town Clerk shall approve and issue a food truck license if:
(1)
The applicant demonstrates compliance with the requirements of this
chapter;
(2)
No notices of violation are pending on the food truck owner and operator;
and
(3)
The applicant pays the required nonrefundable food truck license
fee in accordance with the Fee Schedule established by the Town Board.
E.
A food truck license is not transferable to any other food truck
or food truck operator.
A.
Maximum size of food trucks. The maximum size of any food truck,
inclusive of any trailers, shall be 256 square feet, measured from
the exterior faces of the food truck and any trailer.
B.
Types of food and beverage. With the exception of canteen trucks
and ice cream trucks, food trucks may sell food and beverages which
are prepackaged or prepared and served from the vehicle or stand.
C.
Operations.
(1)
Food truck operators shall maintain a valid permit from the Dutchess
County Department of Behavioral and Community Health, and shall operate
the food truck in conformance with all applicable health standards.
(2)
No alcohol may be sold or dispensed from food trucks without a license
from the New York State Liquor Authority.
(3)
A copy of all valid licenses and/or permits shall be conspicuously
displayed on the food truck at all times, including but not be limited
to the Dutchess County Department of Behavioral and Community Health
permit; the Town of Poughkeepsie food truck license; the Town of Poughkeepsie
food truck permit, if required; the annual firesafety inspection sticker;
and a notice in at least two-inch font stating "To report a violation,
call the Town of Poughkeepsie Zoning Administrator at 845-485-3650."
(4)
In the interest of public safety and due to traffic hazards caused
by stopping of motor vehicles and traffic congestion on certain highways
in the Town of Poughkeepsie during the hours set forth herein, no
person shall park any ice cream truck or canteen truck between the
hours of 7:00 a.m. and 7:00 p.m. along and upon the state and county
roads listed below in the Town of Poughkeepsie or within 200 feet
from the point where any listed road intersects any other road or
highway for the purpose of selling or distributing food or beverages:
(a)
South Road and North Road, NYS Route 9.
(b)
Dutchess Turnpike, NYS Route 44.
(c)
Manchester Road, NYS Route 55.
(d)
East-West Arterial, NYS Routes 44 and 55.
(e)
New Hackensack Road, NYS Route 376.
(f)
Spackenkill Road, NYS Route 113.
(g)
Salt Point Turnpike, NYS Route 115.
(h)
Violet Avenue, NYS Route 9G.
(i)
West Main Street, NYS Route 9D.
(j)
Vassar Road, County Route 77.
(k)
IBM Road and Sand Dock Road, County Route 48 (formerly known
as "Rudco Road").
(l)
Innis Avenue, County Route 75.
D.
Signs. Signs may be painted on or affixed to the food truck provided the signs do not exceed the dimensions of the food truck on which they are placed. In addition, a food truck shall be permitted a single A-frame sign pursuant to § 210-123.2 of the Town Code that may be displayed during the food truck's hours of operation. The use of other movable, portable and/or freestanding signs is prohibited.
A.
Permit required; term of permit. All food trucks, with the exception of canteen trucks, ice cream trucks, and food trucks operating at an outdoor community event permitted under Chapter 76 of the Town Code, shall require a permit from the Zoning Administrator, in addition to a license. The food truck permit shall be valid for one year from the date of issuance, unless sooner terminated or revoked.
B.
Application. An application for a food truck permit shall be made
to the Zoning Administrator on a form provided by the Town. The application
shall, at a minimum, include the following information:
(1)
Name, address, email address, and telephone number of the food truck
operator and of the registered owner of the food truck, if different.
(2)
Address of the private property on which the food truck will be located,
and written consent from the property owner authorizing the location
of the food truck on the property.
(3)
Zoning district in which the property is located.
(4)
A sketch plan including details sufficient to demonstrate compliance
with this chapter.
(5)
A valid food truck license.
(6)
Nonrefundable application fee in accordance with the Fee Schedule
established by the Town Board.
C.
The Zoning Administrator shall approve and issue a food truck permit
if:
(2)
The applicant demonstrates compliance with the requirements of this
chapter;
(3)
No notices of violation are pending on the property and the food
truck owner and operator; and
(4)
The applicant pays the required nonrefundable food truck permit fee
in accordance with the Fee Schedule established by the Town Board.
D.
Nontransferability of permit. A food truck permit is not transferable
to any other food truck, food truck operator, or any other property.
E.
Requirements. Food trucks authorized pursuant to this section shall
comply with the following:
(1)
Food trucks permitted under this § 114-5 shall only be located on private property. Nothing in this section shall be deemed to authorize the sale or distribution of food from a food truck on public grounds or in the public right-of-way.
(2)
Food trucks shall only be permitted in the Center and Hamlet Districts, and Business and Commercial Districts, as listed in § 210-10 of the Town Code. The foregoing notwithstanding, food trucks shall also be permitted on a farm operation in a New York State Certified Agricultural District.
(3)
Food trucks may only be sited on the property at the location designated
on the permit.
(4)
Food trucks shall meet the minimum side and rear yard setback requirements
for a principal structure in the zoning district in which they are
located, and shall have a minimum front yard setback of 15 feet.
(5)
Food trucks shall be located a minimum of 10 feet from the edge of
any driveway, utility box and/or vault, handicapped ramp, building
entrance, fire hydrant, or emergency call box, and shall not block
fire lanes or access roads for emergency vehicles.
(6)
Food trucks shall be located a minimum of 200 feet from any restaurant,
unless the restaurant grants a waiver. Such distance shall be measured
from the main building entrance of the restaurant to the closest edge
of the food truck.
(7)
Food trucks must be sited in a location that does not obstruct or
interfere with the free flow of pedestrain or vehicular traffic, does
not restrict visibility at any driveway or intersection, and does
not unreasonably interfere with the activities of other businesses
or otherwise interfere with other lawful activities or violate any
statutes, ordinances, or other laws.
(8)
Food truck operators must demonstrate to the satisfaction of the
Zoning Administrator or the Planning Board, as applicable, that adequate
parking is available for the food truck use.
(9)
Food trucks must have adequate ingress and egress from the property
for patrons to prevent traffic congestion and safety hazards. Existing
and/or proposed curb cuts intended to serve the food truck shall meet
the minimum sight distance requirements of the Town of Poughkeepsie
highway specifications or the public entity that has control over
the right-of-way.
(10)
The operation of food trucks shall be limited to the hours of
7:00 a.m. to 9:00 p.m., provided the food truck is not located within
200 feet of a residential use in a residential district, in which
case the operation shall be limited to the hours of 8:00 a.m. to 6:00
p.m. Such distance shall be measured from the closest edge of the
food truck to the nearest property line of the residential use.
(11)
Food truck operators shall provide adequate trash and recycling
receptacles within 10 feet of their food truck. A food truck operator
is responsible for the proper disposal of waste and trash associated
with the operation of the food truck. Operators shall remove all waste
and trash from their approved location at the end of each day or more
frequently as needed to maintain the health, safety and welfare of
the public. The food truck operator shall keep all areas and any associated
seating areas clean of grease, and trash, litter or waste, including,
but not limited to, paper, cups, cans, or bottles associated with
the operation. No liquid waste or grease shall be disposed in or on
streams, wetlands, storm drains, lawns, sidewalks, streets, or other
public space or in sanitary sewers or septic tanks not equipped with
a grease trap.
(12)
Outdoor seating and tents shall be permitted as long as they are sited consistent with the provisions for food trucks in § 114-4. A maximum of one tent, no more than 12 feet by 12 feet in size, shall be permitted per food truck, and shall only be permitted to be installed or erected outdoors during hours of operation. Awnings are only permitted if they are attached to the food truck. Umbrellas are only permitted if they are attached to a picnic table. The applicant shall submit a sketch plan showing the location of all proposed outdoor seating and/or tents. If outdoor seating and/or tents are proposed to be located in off-street parking spaces, barriers such as planters shall be provided to create a buffer between outdoor seating/tents and vehicles. Outdoor seating and/or tents shall only be permitted to be located in parking space(s) if the Zoning Administrator or Planning Board, as applicable, determines that the remaining off-street parking spaces will satisfy the off-street parking requirement of use(s) on the lot.
(13)
All equipment required for the operation of a food truck shall
be contained within, attached to or located within three feet of the
food truck with the exception of allowable outdoor seating areas and
trash/recycling receptacles.
(14)
No food shall be prepared or sold at the food truck site outside
of the food truck. Prepackaged beverages may be sold from coolers
outside of the food truck, provided that they are located within three
feet of the food truck.
(15)
No lighting is permitted except for interior lighting used for
food preparation. Such lighting shall be turned off after hours.
(16)
Amplified sound or loudspeakers are prohibited, and the food truck operation shall comply with the noise limits in Chapter 139 of the Town Code.
(17)
Food trucks shall be consistent with the environmental performance standards of § 210-94 of the Zoning Law, and shall not cause objectionable odors or smoke at any lot line.
(18)
Food trucks and associated outdoor seating, if any, shall be
removed from all permitted locations upon expiration of the permit.
A.
Where more than one food truck is proposed on a parcel, either as an accessory use or as a principal use, site plan approval pursuant to Article XIII of Chapter 210 shall be required, and the Zoning Administrator shall not issue a food truck permit until the required Planning Board approval has been granted.
B.
A property owner may apply for site plan approval to identify a site on the property where one or more food trucks licensed by the Town may locate in lieu of seeking an annual permit for a food truck. In reviewing the application for site plan approval, the Planning Board shall ensure that all of the requirements of this chapter are met, with the exception of § 114-5A, B, C and D, but specifically including the requirements of § 114-5E.
Special event, private residence. Residents may request that food trucks cater special events on private property at their place of residence within any zoning district. Such request for a special event private-use food truck shall be made to the Zoning Administrator for a period not exceeding one day, and not more than two events per year, and subject to the requirements of this chapter except for § 114-5C(1) and E(2). In such cases, provision of food and beverage shall be limited to event attendees only; provision to the general public is prohibited.
Any of the following shall constitute a violation of this chapter:
A.
Failure to properly obtain and/or properly display a valid food truck
license or permit.
B.
Fraud or misrepresentation contained in the license or permit application.
C.
Fraud or misrepresentation made in the course of operating the business.
D.
Conduct in an unlawful manner or that creates a public nuisance,
or otherwise constitutes a danger to the public health, safety, and
welfare.
E.
Failure to comply with the provisions of this chapter.
A.
The Zoning Administrator may issue a notice of intent to suspend
or revoke a food truck license and permit for any violation of this
chapter. The notice of intent to suspend or revoke shall describe
the violation, and require the license or permit holder to immediately
cease operations and correct the violation or cause the violation
to be corrected.
B.
The notice of intent may be given personally to the operator of the
food truck, by affixing it to the windshield of the food truck, or
in writing by mail to the license or permit holder at the address
shown on the application.
C.
If the license or permit holder fails to immediately correct the
violation or cause the violation to be corrected, the Zoning Administrator
shall suspend or revoke the license or permit.
D.
A license or permit holder shall be entitled to request a hearing
on suspension or revocation before the Town Board, upon application
made to the Town Clerk, in writing, demonstrating that the license
or permit holder was not in violation of the license or permit. Any
suspension or revocation remains in effect unless modified by the
Town Board. The Town Board shall hold a hearing to determine whether
to reverse the suspension or revocation within 30 days of receipt
of the written request.
A.
The requirements established by this chapter shall be administered
and enforced by any law enforcement agency that has jurisdiction in
the Town of Poughkeepsie, the Town Zoning Administrator, the Building
Inspector, or their duly authorized representatives.
B.
The individuals identified in Subsection A are authorized to issue appearance tickets as defined in § 150.10 of the Criminal Procedure Law, and to prosecute the violation in court, and are authorized to issue orders to remedy and notices of violation to enforce the provisions of this chapter.
C.
Any violation of this chapter shall be deemed an offense, and each
occurrence or incident shall constitute a separate offense. If a violation
continues for more than a twenty-four-hour period, each day shall
constitute a separate offense.
D.
If the offense occurs on the premises of a property that is occupied
by someone other than the owner, the issuer of the appearance ticket
must also notify the owner, in writing, of the violation within five
business days of said violation. Failure to provide such notice shall
not affect the prosecution of the person or persons charged with said
offense.
E.
F.
Conviction of two violations of any provision of this chapter, or
consent to the payment of two separate penalties for separate offenses,
shall result in the immediate revocation of the food truck license
or permit. No refund of any food truck license or permit fee shall
be given. If the food truck license or permit is revoked, the food
truck operator will not be allowed to apply for another food truck
license or permit for any food truck until the following calendar
year.
G.
Without limiting any other remedy, the Town Board may also maintain
an action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with, or to restrain by injunction
the violation of, this chapter.
