(A) Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
(1)
CITY. The City of Lockport.
(2)
PLACE OF BUSINESS or BUSINESS HEADQUARTERS. A place where food products are stored or dispensed to vehicles.
(3)
VEHICULAR FOOD VENDOR. Any person engaged in business of selling food products from a vehicle, self-powered or otherwise, on the public and private streets and sidewalks of the city, provided that the words "vehicular vendor" shall not include salesmen who use vehicles to go from place to place for the purpose of making sales on the premises of a prospective purchaser.
(B) License required. No person shall operate as a vehicular food vendor without having first secured a valid license for each place of business operated within the city and also for each vehicle to be used in the operation of any such business.
(C) Application. Any person desiring a license shall make application therefore in writing to the City Clerk and accompany the application with the required license fee. The application shall be a form prepared by the City Clerk and shall contain:
(1) Each applicant, owner, or employee will be required to produce a valid photo ID, i.e. driver's license, State ID card, or other means of identification.
(2) Each applicant, owner, or employee will be required to fill out a personal data form which will include name, address, date of birth, social security number, vehicle information and thumb print.
(3) Each applicant, owner, or employee will be photographed.
(4) Each applicant, owner, or employee will be furnished with a numbered photo I.D. which he or she will be required to wear on the front outside portion of his or her shirt or jacket, readily visible to the public.
(5) Any applicant, owner, or employee who violates this section are subject to fine.
(D) The hours that the vehicles or carts may vend are from 11:00 a.m. until 9:00 p.m.
(E) Investigation of facilities and vehicles prerequisite for issuance.
(1) Upon the filing of an application, the health officer shall investigate the facilities for storage and dispensing of food products at the business headquarters and in each vehicle of the applicant if the facilities or vehicle are found to be unsatisfactory, the health officer shall so report to the City Clerk and the license shall be denied. If the facilities or vehicles are found to be satisfactory, the health officer shall so report to the City Clerk. The report shall be returned to the City Clerk not more than five days after application is made.
(2) Upon the filing of an application hereunder, the chief of police or his representative shall investigate each vehicle to determine that it is mechanically and operationally safe. If the vehicle is found to be unsafe, the chief of police shall so report to the City Clerk, and the license shall be denied. If the vehicle is found to be safe, the chief of police shall so report to the City Clerk. The report shall be returned to the City Clerk not more than five days after application is made.
(3) If the reports of the health officer and of the chief of police indicate that the facilities and the vehicles are in satisfactory and safe condition, the City Clerk shall then issue the license.
(4) If a license is rejected because of conditions found by the health officer, the health officer shall state the specific reasons in writing, and the clerk shall provide a copy of the reasons to the applicant. If the license is rejected because of conditions found by the chief of police, the chief of police shall state the specific reasons in writing, and the clerk shall provide a copy of the reasons to the applicant. The applicant may correct the conditions and reapply upon submitting a reinspection fee of $10 for each vehicle or facility to be reinspected.
(F) Reinspection of facilities and premises; unsatisfactory condition grounds for license revocation.
(1) The licensee's place of business and vehicles shall be subject to periodic reinspection throughout the license period by the health officer and chief of police, or their representatives.
(2) If an unsatisfactory sanitary, mechanical or operational condition is noted by an inspector, the licensee shall remedy the same without delay. Failure to so remedy an unsatisfactory condition shall be cause for revocation of the applicable license.
(G) Report of changes. Each licensee shall report any changes in facilities to the Clerk. No new vehicle shall be put in service until a $10 vehicle inspection fee has been paid and the vehicle has been inspected and approved.
(Ord. 97-078, passed 11-24-97)