senate Bill S537B

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

download pdf

Sponsor

Bill Status


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

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.

do you support this bill?

Bill Details

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

Votes

8
0
8
Aye
0
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Consumer Protection committee vote details

Sponsor Memo

BILL NUMBER:S537B

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
municipalities in Erie County 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 municipalities in Erie County may
not 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, particularly
in Western New York. This legislation imposes a car) of $250 on the
annual fees a municipality in Erie County can charge. 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 in Erie
County 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.


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--B

                       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  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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.  MUNICIPALITIES  LOCATED  WITHIN  THE
COUNTY OF ERIE MAY NOT 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.
                                                           LBD03948-04-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.