senate Bill S537

Amended

Establishes a cap on the amount of money municipalities within the county of Erie may annually charge a mobile food vendor

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 28 / May / 2013
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 28 / May / 2013
    • PRINT NUMBER 537A
  • 30 / May / 2013
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 30 / May / 2013
    • PRINT NUMBER 537B
  • 05 / Jun / 2013
    • 1ST REPORT CAL.1138
  • 10 / Jun / 2013
    • 2ND REPORT CAL.
  • 11 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

Establishes a cap on the amount of money municipalities within the county of Erie may annually charge a mobile food vendor.

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Bill Details

See Assembly Version of this Bill:
A7255
Versions:
S537
S537A
S537B
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง391-s, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
S7860, S7860

Sponsor Memo

BILL NUMBER:S537

TITLE OF BILL:
An act
to amend the general business law, in relation to establishing fees for
mobile food vendors; and providing for
the repeal of such provisions upon the expiration thereof

PURPOSE:
This bill will place an annual cap on the amount of fees a
municipality can charge on mobile food trucks and mobile food truck
vendors.

SUMMARY OF PROVISIONS:
Section 1 amends section 391 of the general business law by adding a
new section S that establishes that no municipality, other than a
city with a population of one million or more, may charge a mobile
food vendor an annual fee of more than two hundred fifty dollars per
mobile vending vehicle.

Section 1 also defines mobile food vendors as any person who hawks,
peddles, sells, or offers food for sale at retail in any public space
and such food items are presented to the public in a mobile vehicle,
such as, but not limited to, a pushcart, car, van, or truck.

Additionally, Section 1 excludes any person who is solely
delivering food that has been previously ordered and purchased from
an established retail location.

Section 2 provides that this act shall take effect immediately and
shall sunset after two years.

JUSTIFICATION:
Food trucks are a growing industry throughout the state. This
legislation imposes a statewide cap of $250 on the annual fees a
municipality can charge (excluding New York City). Many local towns,
villages and cities currently impose heavily inflated fees on these
small businesses, which limits their growth potential and mobility.

Food truck licensing fees vary across the state, but often far
outweigh fees charged on brick and mortar restaurants, sometimes by
hundreds of dollars. Because they are a new and quickly growing
industry, municipalities often develop regulations and fee schedules
from scratch and without comparison or consultation with their peers
throughout the state.

To curb this, and to set in place a more uniform standard for food
trucks, this legislation limits the amount of annual fees to $250. In
Cleveland, mobile food vendors pay a $100 permit fee and food truck
managers must purchase a $60 identification badge from the city.
Chicago, a city with a population of 2.7 million, charges $660 for a
two-year permit.

In comparison, the City of Buffalo currently charges mobile food truck
vendors a fee of $1,000, far above the national norm and prohibitive
to the growth and expansion of this industry. This cap is both


necessary and practical, affording this growing industry the ability
to reach its full potential across the state.

LEGISLATIVE HISTORY:
2012: S.7860 Referred to Rules

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed two years after such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   537

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in  relation  to  establishing
  fees  for  mobile  food  vendors; and providing for the repeal of such
  provisions upon the expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-s to read as follows:
  S  391-S.  MOBILE  FOOD VENDORS. 1. NO MUNICIPALITY, OTHER THAN A CITY
WITH A POPULATION OF ONE MILLION OR  MORE,  MAY  CHARGE  A  MOBILE  FOOD
VENDOR  AN  ANNUAL FEE OF MORE THAN TWO HUNDRED FIFTY DOLLARS PER MOBILE
VENDING VEHICLE.
  2. FOR PURPOSES OF THIS SECTION, A MOBILE FOOD VENDOR  IS  ANY  PERSON
WHO  HAWKS,  PEDDLES,  SELLS,  OR  OFFERS FOOD FOR SALE AT RETAIL IN ANY
PUBLIC SPACE AND SUCH FOOD ITEMS ARE PRESENTED TO THE PUBLIC IN A MOBILE
VEHICLE, SUCH AS, BUT NOT LIMITED TO, A PUSHCART, CAR, VAN, OR TRUCK.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO IS
SOLELY DELIVERING FOOD THAT HAS BEEN PREVIOUSLY  ORDERED  AND  PURCHASED
FROM AN ESTABLISHED RETAIL LOCATION.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed two years after such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03948-01-3

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