One New Hyde Park resident says the enforcement of North Hempstead Town’s code relating to food vendors is in a “gray area.”
Calvin Lawrence said he runs a mobile cafe, selling coffee, pastries and other items, within the town. He said his small business has encountered issues regarding section 40-9 of the town code, referring to the law about “Use of Public Places.”
“No peddler or solicitor shall have any exclusive right to any location in any public place, nor shall any be permitted to stand in one place for more than 15 minutes or to stop within 200 feet of a previous stop, nor shall he be permitted to operate in any congested area where his operation might impede or inconvenience the public,” the town code adopted in 1993 reads. “For the purpose of this chapter, the judgment of any police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.”
Lawrence said at the Aug. 12 board meeting he is concerned the code is outdated and would like it to be amended. He said his food truck has been operating in the same location from 7 a.m. to 3 p.m.
“Nowadays the food truck climate is involved in places that really can’t move every 15 minutes, 200 feet,” he said.
Lawrence said his truck handles hot liquid and that it would be impractical for it to follow the code.
He said police officers seemed confused about the town code when he spoke with them.
“When I talked to the third precinct, they told me they only enforce this when there are complaints, and to me that leaves the law in a gray area,” Lawrence said.
Lawrence argued that although the town has approved many food vendors and the county has granted them permits, and the vendors have passed health inspections, their businesses are also hindered by the town’s code.
“I’m not looking to break any laws,” Lawrence said. “I just don’t want to be left in a gray area to do business.”
Council Member Dennis Walsh said the concern seems to be specific to one area, as he said the Lake Success Shopping Center had complained to the local civic association, which informed the town.
“It’s worth looking at for sure,” Walsh said.
Council Member Mairann Dalimonte said she had an issue within her district where an ice cream truck would park at a school bus stop, while two ice cream stores, which were paying thousands of dollars in commercial taxes, were upset because business wasn’t flowing to them.
“I see their point, too,” she said. “I understand why businesses do get upset.”
Council Member Edward Scott pointed to the code being enacted before Lawrence’s business began, and asked if he was aware of the law when creating his mobile business.
Lawrence said he was unaware of the law at the time.
Members of the board then said they believe the law itself is concrete.
Lawrence ended his public comment by agreeing that he doesn’t think the law is gray, but the enforcement of it is.
