senate Bill S537A

2013-2014 Legislative Session

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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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jun 21, 2013 committed to rules
Jun 11, 2013 advanced to third reading
Jun 10, 2013 2nd report cal.
Jun 05, 2013 1st report cal.1138
May 30, 2013 print number 537b
amend and recommit to consumer protection
May 28, 2013 print number 537a
amend and recommit to consumer protection
Jan 09, 2013 referred to consumer protection

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S537 - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S7860

S537 - Bill Texts

view summary

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

view 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 full text
download pdf
                    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

S537A - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S7860

S537A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S537A

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 cap 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 537--A

                       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

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. 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.
                                                           LBD03948-02-3

S537B (ACTIVE) - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S7860

S537B (ACTIVE) - Bill Texts

view summary

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

view 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 full text
download pdf
                    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

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