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Clay, NY Food Trucks & Mobile Vendors: Sidewalk & Mobile Vending (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Street/sidewalk stands
Prohibited outright
Governing chapter
Ch. 167, Peddling and Soliciting
Covers
Booths, stands, barrels, boxes, crates
Related license
Peddler/hawker license, § 167-3
Maximum penalty
$250 fine or 15 days jail

Summary

The Town of Clay bans setting up a booth, stand, barrel, box, crate or any other obstruction on a street or public place to sell goods, wares or merchandise, including food, under Town Code § 167-14F, part of the town's peddling and soliciting chapter.

F. It shall be unlawful to create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.

Full Breakdown

Chapter 167, Peddling and Soliciting, is the only Town of Clay ordinance reaching sales made from a public street or place, and its definitions cover food. Section 167-1 defines a hawker and peddler as anyone who, from a public street, public place, or vehicle, sells or offers to sell goods, wares or merchandise; the only carve-outs are milk, newspapers, and food delivered on regular customer routes, so a food cart or vendor selling from the street or a sidewalk stand falls squarely within the chapter.

Section 167-14F then makes it unlawful to create or maintain a booth or stand, or to place barrels, boxes, crates or other obstructions, on a street or public place for the purpose of selling or exposing merchandise for sale, which bars fixed sidewalk vending setups outright rather than permitting them under a license. A mobile vendor operating from a moving or briefly parked vehicle instead still needs the § 167-3 hawker/peddler license from the Town Clerk, and remains subject to the chapter's other prohibited acts in § 167-14, including hours and school-distance limits.

Any violation of Chapter 167, including the § 167-14F stand ban, is enforced under § 167-17, the chapter's general penalty section, which sets a fine not exceeding $250, imprisonment not exceeding 15 days, or both, for each offense.

Violations & Fines

Setting up a booth, stand or obstruction such as barrels, boxes or crates on a Town of Clay street or public place to sell food or other merchandise violates § 167-14F. It is enforced under Chapter 167's general penalty, § 167-17, punishable by a fine up to $250, imprisonment up to 15 days, or both.

Frequently Asked Questions

Can I set up a food stand on a Clay sidewalk or street?
No. Town Code § 167-14F makes it unlawful to create or maintain any booth or stand, or to place barrels, boxes, crates or other obstructions, on a street or public place in the Town of Clay for the purpose of selling or exposing for sale any goods, wares or merchandise.
Does Clay's peddling law cover food vendors?
Yes. Section 167-1 defines a hawker and peddler as anyone selling goods, wares or merchandise from a public street, place, or vehicle; only milk, newspapers and food delivered on regular customer routes are excluded, so a food cart or vendor selling from the street is covered.
What is the penalty for an illegal vending stand in Clay?
A violation of Chapter 167, including the ban on street booths and stands in § 167-14F, is punishable under § 167-17 by a fine of up to $250, imprisonment of up to 15 days, or both.

Sources & Official References

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