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:
CANTEEN TRUCK
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.
FOOD TRUCK
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.
ICE CREAM TRUCK
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.
PUBLIC GROUNDS
Lands, other than the public right-of-way, that are publicly
owned and used for public purposes, such as parks and recreation areas.
PUBLIC RIGHT-OF-WAY
Any publicly owned land adjacent to and abutting any public
street, road or highway.
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.