S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
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
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deemed repealed two years after such effective date.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.