Town of Amherst
Erie County, New York


Transient Businesses


Department:CouncilmembersSponsors:Deputy Supervisor Guy R. Marlette


  1. Printout

Financial Impact

None for this resolution. If local law changed, cost of administration and enforcement should be covered by fees collected.


WHEREAS, within the Town Code the definition of a Transient Business includes businesses operating from a truck, van or trailer, and


WHEREAS, the regulations for Transient Businesses do not specifically regulate Food Trucks or Mobile Food Vending and as a result, they are not currently subject to the same safety standards and oversight as restaurants operating in the Town, and


WHEREAS, food truck(s) currently operate in the Town of Amherst;


NOW, THEREFORE, BE IT RESOLVED, that the Town Board directs the Building Commissioner, Town Attorney and Chief of Police, or their designees, to write a local law to amend chapter 148 and any other section as necessary to create or add a Food Truck permit process and address the following issues:


     §148-4 Exemptions

1)              Review applicability of exemptions to the types of permits available in this code section and revise as appropriate.

2)                 Include examples of types of businesses exempted from a permit fee and/or from requiring a permit.

§148-7 Application Requirements

3)              Review application requirements based on type of permits available in this code section.

4)                 Where different, require the owner and the operator to be separately identified for permit purposes.

5)                  Permit shall require proof of permission to operate at specified location(s) as well as approval by the Police Department that specified location(s) won’t cause traffic problems.

6)                  A single permit shall cover one vehicle regardless of the number of locations it will operate in.

§148-8 Investigation of applicant

7)              Require annual inspection of the installation of propane and cooking appliances in vehicles.

8)                  Require an inspection and testing of fire extinguisher or other appropriate fire prevention equipment on vehicles using or transporting propane and cooking appliances for use under this code section.

9)                  Explicitly prohibit cooking equipment on gasoline service station property.

10)     Require refuse containers and the clean-up of area of operation before leaving site.

11)    Assign enforcement of code to Building Department except as related to Chapter 186 of the Code.

§148-9 Fees

12)              Review and determine the feasibility of establishing a single permit in place of separate fire inspection, peddler’s or transient business permit fee for a Food Truck permit and require that all permit fees be reviewed annually to assure that they cover the cost of administration, inspections, background checks, etc. as required by the code.



Meeting History

Sep 4, 2012 7:00 PM  Town Board Regular Meeting of the Town Board
MOVER:Steven D. Sanders, Councilmember
SECONDER:Guy R. Marlette, Deputy Supervisor
AYES:Barry A. Weinstein, Guy R. Marlette, Mark A. Manna, Richard "Jay" Anderson, Barbara S. Nuchereno, Steven D. Sanders


Powered by Granicus