To: Re: Filed:

Legislative Committee Chairman Joseph Golombek, Jr. Revised Proposed Ordinance Amendment October 27, 2011 Chapter 316 Peddling and Soliciting

The Common Council of the City of Buffalo does hereby ordain and amend Chapter 316 of the Buffalo City Code by adding the following Article IX: ARTICLE IX: MOBILE FOOD VEHICLE VENDORS (316-50 - 316-57) 316.50 DEFINITIONS A. MOBILE FOOD VEHICLE (MFV): A commercially manufactured, self-contained motorized, mobile food unit in which ready-to-eat food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution. B. MOBILE FOOD VEHICLE VENDOR (MFVV): The owner of a mobile food vehicle or the owners agent; hereinafter referred to as Vendor. 316.51 RESTRICTIONS A. It shall be unlawful for any person to operate a MFV within the City of Buffalo without first having obtained a valid Mobile Food Vehicle Vending License as prescribed in this Article. B. Any MFVV operating within the Special Downtown District shall abide by Article VII of this Chapter within said District and the restrictions enumerated herein shall apply to all areas outside of said District. C. It shall be unlawful for a MFVV to operate in a location which is adjacent to or within one hundred (100) foot radius of the main entrance to a licensed food establishment, the kitchen of which is open for serving food to patrons. This requirement may be waived if an application is submitted together with the written consent of the proprietor of the adjacent licensed food establishment. D. Each and every MFVV must carry on the vehicle a measuring wheel, with a capacity of no less than five hundred (500) feet, as a condition of public operation. The failure of any MFVV to both (a) carry such a measuring wheel; and (b) to abide by the proximity distance restriction proscribed herein, shall be grounds for violation of this ordinance pursuant to 31655 herein.

E. All MFVVs must abide by all Parking and Vehicle and Traffic Laws, Ordinances, Rules and Regulations at all times, except that a MFV 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 prescribed two hour maximum, in force and effect at that time. F. It shall be unlawful for any MFVV to operate within five hundred (500) feet of any fair, carnival, circus, festival, special event or civic event that is licensed, permitted, 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. 316-52 LICENSE REQUIRED: APPLICATION

A. Any person desiring to operate a MFV shall make a written application for such License to the Department of Permits and Inspections Services, Office of Licenses. The application for such license shall be on forms provided by the Director of Licenses and shall include the following: 1. Name, signature and address of each applicant and each corporate office of the MFV 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 Licenses of all MFV operators. 3. A signed statement that the Vendor shall hold harmless the City and its officers and employees, and shall indemnify 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. Vendor shall furnish and maintain such public liability, food products liability, and property insurance, as will protect 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 one million dollars ($1,000,000.00) per occurrence. The policy shall further provide that it may not be cancelled except upon thirty (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 Director of Licenses if, in his or her discretion, a prior criminal conviction demonstrates that he or she is not a suitable licensee. 316-53 FORM AND CONDITION OF LICENSE

Every MFVV License shall contain the following conditions: A. Each MFVV License shall expire on April 1st of every year. B. The license shall not be transferrable from person to person without the written approval of the Director of Licenses. C. The license is valid for one (1) vehicle only. D. There shall be issued to each Vendor a suitable decal that shall be permanently and prominently affixed to the vehicle. 316-54 LICENSE FEE

All Vendors licensed under this Chapter shall pay an annual license fee of three hundred and twenty five dollars ($325.00), which shall be assessed on a pro rata basis over the twelve month period. 316-55 SUSPENSION AND REVOCATION

A. The owner/operator of any MFV licensed by the City of Buffalo shall comply with all provisions of federal, state and local laws and ordinances. Every MFV licensed by the City of Buffalo shall comply fully with Subpart 14-4 of the New York State Sanitary Code entitled Mobile Food Service Establishments and Pushcarts. Any violation of that subpart shall be grounds for citation and/or revocation of the MFV License pursuant to this section. B. The owner/operator of any MFV licensed by the City of Buffalo shall comply with all notices, orders and 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 Chapter may be liable for penalties as prescribed in Chapter 137 Article I of this Code, and may be subject to immediate closure by the Buffalo Police Department and/or the Department of Permit and Inspection Services; an Administrative Hearing will be scheduled within ten (10) days of said immediate closure.

D. An initial citation for a violation of this Article shall be subject to a penalty of a fine of one hundred dollars ($100.00). A second such violation of this Article within a one-year period shall be subject to a penalty of a fine of two hundred dollars ($200.00). The third such violation and conviction of this Article within a one-year period shall be subject to the penalty of a three hundred dollar ($300.00) fine and revocation of the MFV license pursuant to this Section. 316-56 CLOSURE FOR OPERATION WITHOUT A LICENSE

Any establishment 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. 316-57 SUNSET PROVISION

This Article shall sunset exactly one full year after it goes into effect, meaning that it shall no longer continue to be effective without subsequent action by the Common Council of the City of Buffalo to renew, amend or modify the same.

APPROVED AS TO FORM

Assistant Corporation Counsel

BUFFALO, NY DATED: ______________________________

NOTE: Matters italicized differs from the original proposal of August 2011.