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HomeMy WebLinkAbout13-0326ss01SPECIAL SESSION March 26, 2013 AT 4:00 P.M. 1. Call for Special Session R &F 2. Ord Amend -- Ch 316- Mobile Food Vendors No. 133 CCP 3119113 APP 3. Adjourn R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO SEPECIAL SESSION TUESDAY, March 26, 2013 AT 4:00 PM Present --- Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek, LoCurto, Pridgen, Rivera, Russell, Scanlon & Smith - 9 Absent -None FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [ ------------- ] [ MAJ - 5 ] [213 - 6] [314- 7] *AYE* NO * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9 * 0 Common (fuuncir CITY OF BUFFALO RICHARD A. FONTANA COUNCIL PRESIDENT LOVEJOY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1315 City Hall BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5151 ♦ FAX: (716) 851 -5141 CHAIRMAN RULES COMMITTEE SENIOR LEGISLATIVE ASSISTANT BRYAN J. BOLLMAN LEGISLATIVE AIDE THOMAS J. OLEJNICZAK March 22, 2013 Ms. Mary H. Baldwin Deputy City Clerk 1308 City Hall Buffalo, New York Dear Ms. Baldwin: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated March 22, 2013 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on March 26, 2013 at 4:00 P.M. for the following puposes: To receive and take appropriate action on : rA 3I/ 1. Ordinance Amendment - Article IX Mobile Food Vehicle Vendors Yours very truly, Richard A. Fontana OFFICE OF THE COUNCIL PRESIDENT President of the Council March 22, 2013 Hon. Richard A. Fontana President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to 1. Ordinance Amendment - Article IX Mobile Food Vehicle Vendors We request that this Special Meeting be held on March 26, 2013 at 4:00 PM Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DAVID FRANCZYK MICHAEL LOCURTO JOSEPH GOLOMBEK DARIUS G. PRIDGEN DAVID A. RIVERA BONNIE E, RUSSELL CHRISTOPHER P. SCANLON DEMONE SMITH hereby states that he/she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on March 26, 2013 at 4:00 PM N j�!�j I r1 �y L�2 0)0 r I I J J" /L STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 25th Day of March 2013 sworn before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/14 OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) 851 -4845 Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics March 22, 2013 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated March 22, 2013, RICHARD A. FONTANA, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Tuesday, March 26, 2013 at 4 :00 PM. for the following purpose: To receive and take appropriate action on all items relating to 1. Ordinance Amendment - Article IX Mobile Food Vehicle Vendors Yours very truly, Mary H. aldwin Deputy City Clerk r 3 City Clerk's Department BUFFALO March 27, 2013 HON. BYRON W. BROWN, MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 2 PASSED March 26, 2013 Ord Amend -Ch 316 - Mobile Food Vendors No 133, 03/19/2013 Gerald A Chwalinski City Clerk 91 -11WV LZ O � � I IV 13 By: Mr. Golombek Ordinance Amendment The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That Article IX of Chapter 316 of the Code of the City of Buffalo be amended to read as follows: ARTICLE IX. Mobile Food Vehicle Vendors 316 -51 [ §316 -50]. Definitions. 316 -52 [316 -51]. General provisions. 316 -53 [316 -52]. License required; application. 316 -54 [316 -53]. Form and condition of license. 316 -55 [316 -54]. License fee. 316 -56 [316 -55]. Suspension and revocation of license; fine schedule. 316 -57 [316 -56]. Closure for operation without license. [§ 316 -57. Sunset provision.] 316 -51 [ §316 -50]. Definitions As used in this article, the following terms shall have the meanings indicated: MOBILE FOOD VEHICLE ( "MFV ") 41\ 50 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. MOBILE FOOD VEHICLE VENDOR ( "MFVV ") The owner of a mobile food vehicle or the owner's agent; hereinafter referred to as "vendor." 3 §_ 16 -52 [ §316 -51]. General Provisions A. It shall be unlawful for any person to operate a mobile food vehicle within the public rights-of- way or on public property within the City of Buffalo without first having obtained a valid mobile food vending license as prescribed in this article. Operation of a mobile food vehicle on private property shall continue to be regulated and prohibited iri accordance with all applicable provisions of the City Code. B. Any mobile food vehicle vendor operating within the Special Downtown District shall abide by Article VIII of this chapter within said district, and the restrictions enumerated herein shall only apply to all areas outside of said district. C. It shall be unlawful for a mobile food vehicle vendor to park, stand, or operate in a location which is adjacent to or within a one - hundred -foot radius of the nearest edge of any building or section of a building comprising a licensed food establishment, excluding any patio, awning or temporary enclosure attached thereto, the kitchen of which is open for serving food to patrons. This requirement may be waived if the application is submitted together with the written consent of the proprietor of the adjacent licensed food establishment. 4] D. Each and every MFVV must at all times carry on the vehicle -a "measuring wheel" with a measuring capacity of no less than 500 feet as a condition of its licensure. The failure of any MFVV to carry such a "measuring wheel" or abide by the proximity distance restrictions included in this article shall constitute a violation of this article pursuant to § 316 -56 of this Code. E. All mobile food vehicle vendors must abide by all parking and vehicle and traffic laws, ordinances, rules and regulations at all times, except that a mobile food vehicle 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 two- hour - maximum durational requirements in force and effect at that time and location. F. It shall be unlawful for any mobile food vehicle vendor to operate within 500 feet of the boundary line of any fair, carnival, circus, festival, special event or civic event that is licensed 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. G. It shall be unlawful for any mobile food vehicle vendor to operate within 100 feet of any hot dog vendor licensed to vend hot dogs within the City of Buffalo. H. All signage must be permanently affixed to the mobile food vehicle. No accessory signage shall be placed outside or around the mobile food vehicle. L All mobile food vehicles must be equipped with trash receptacles of a sufficient capacity that shall be changed as necessary to prevent overflow or the creation of litter or debris. Each mobile food vehicle vendor shall be responsible for abiding by § 216 -9 of this Code, any violation of which shall be punished in accordance with § 216 -11 of this Code. 3 §31.6 -53 [ §3.16 -52]. License required; application. A. Any person desiring to operate a mobile food vehicle shall make a written application for such license to the Department of Permit and Inspection Services, Office of Licenses. The application for such license shall be on forms provided'by the Commissioner of Permit and Inspection Services or his designee, and shall include the following: (1) Name, signature and address of each applicant and each corporate officer of the mobile food vehicle vending 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's licenses of all vehicle operators. (3) A signed statement that the vendor shall hold harmless the City and its officers and employees, and shall indemnify and hold harmless 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. The vendor shall furnish and maintain such public liability, food products liability, and property insurance, as will protect the 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 $1,000,000 per occurrence. The policy shall further provide that it may not be canceled except upon 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 Commissioner of Permit and Inspection Services or his designee if, in his or her discretion, a prior criminal conviction demonstrates that he or she is not a suitable licensee. 5 All license applicants and applicants for renewals thereof shall present each vehicle to the Department of Fire to determine that the vehicle meets all gpplicable York State Fire Codes. 6 The initial license shall be subject to a roval by the Common Council of the City of Buffalo. 316 -54 [316 -53]. Form and condition of license. Every mobile food vehicle vending license shall contain the following conditions: A. Each mobile food vehicle vending license shall expire on April 1 of every year. B. The license shall not be transferable from person to person without the written approval of the Director of Licenses. C. The license is valid for one vehicle only. D. There shall be issued to each vendor a suitable decal that shall be permanently and prominently affixed to the vehicle. 316 -55 [ §316 -54] License fee A. All vendors shall pay an initial_ap_plication fee of $1,000, which fee shall include the first license fee. B.All.vendors holding a license that has not been revoked or permitted to Ia�se shall pay an annual renewal fee of $500. � k [All vendors licensed under this article shall pay an annual license fee of $1,000.] §316-56 [316 -55]. Suspension and revocation of license; fine schedule. A. The owner /operator of any mobile food vehicle licensed by the City of Buffalo shall comply with all provisions of federal, state and local laws and ordinances. B. The owner /operator of any mobile food vehicle licensed by the City of Buffalo shall comply with all notices, orders, 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 article may be liable for penalties as prescribed below and elsewhere in this Code, and may be subject to immediate closure by the Buffalo Police Department and/or the Department of Permit and . Inspection Services, pending an administrative hearing, which will be scheduled within 60 days of said immediate closure. The licensee shall have the right to operate in accordance with this article between the time of the alleged violation and the hearing and the final determination regarding the same. D. For violations solely of the provisions of this article, the following fine schedule shall apply: (1) First offense: fine of $200 after a finding or plea of guilt before the City of Buffalo's Bureau of Administrative Adjudication. (2) Second offense: fine of $350 after a finding or plea of guilt before the City of Buffalo's Bureau of Administrative Adjudication. (3) Third offense: license revocation after a finding or plea of guilt before the City of Buffalo's Bureau of Administrative Adjudication. §316-57 [316 -56]. Closure for operation without a license. Any mobile food vehicle [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 and shall be punishable by a fine of $1,500 per violation. [§ 316 -57. Sunset provision This article shall sunset on April 1, 2013, meaning that it shall ao longer continue to be effective without subsequent action by the Common Council of the City of Buffalo to renew, amend or modify the same.] § 2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BA CO C UNSEL By. Al erstman Asst. Corp on Counsel Underlined material is new. Material in brackets [ j is repealed. EFER FD THE COMMITTEE ON LEGISLATION. * AYE * NO * FONTANA FRANC YK GOLONMER L[)Cup-To . PIiIDGEN * RIVER.. R.IISSEU SCANLON * ,� * * * NMsj - 20-6 314- 7 NO Adjournment On a Motion by Mr. Smith Seconded by Mr. Golombek The Council adjourned at Y. 30 Gerald A. Chwalinski City Clerk