S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7860
                                   I N  S E N A T E
                                   October 17, 2012
                                      ___________
       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       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:
    1    Section 1. The general business law is amended by adding a new section
    2  391-s to read as follows:
    3    S  391-S.  MOBILE  FOOD VENDORS. 1. NO MUNICIPALITY, OTHER THAN A CITY
    4  WITH A POPULATION OF ONE MILLION OR  MORE,  MAY  CHARGE  A  MOBILE  FOOD
    5  VENDOR  AN  ANNUAL FEE OF MORE THAN TWO HUNDRED FIFTY DOLLARS PER MOBILE
    6  VENDING VEHICLE.
    7    2. FOR PURPOSES OF THIS SECTION, A MOBILE FOOD VENDOR  IS  ANY  PERSON
    8  WHO  HAWKS,  PEDDLES,  SELLS,  OR  OFFERS FOOD FOR SALE AT RETAIL IN ANY
    9  PUBLIC SPACE AND SUCH FOOD ITEMS ARE PRESENTED TO THE PUBLIC IN A MOBILE
   10  VEHICLE, SUCH AS, BUT NOT LIMITED TO, A PUSHCART, CAR, VAN, OR TRUCK.
   11    3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO IS
   12  SOLELY DELIVERING FOOD THAT HAS BEEN PREVIOUSLY  ORDERED  AND  PURCHASED
   13  FROM AN ESTABLISHED RETAIL LOCATION.
   14    S  2.  This  act shall take effect immediately and shall expire and be
   15  deemed repealed two years after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16562-03-2