[HISTORY: Adopted by the City Council of
the City of Canandaigua 9-25-1986 by Ord. No. 86-12 (Ch. 2.28 of the 1997
Municipal Code). Amendments noted where applicable.]
[Amended 11-3-1994 by Ord. No. 94-11]
As used in this chapter, the following terms
shall have the meanings indicated:
A vendor or solicitor.
PEDDLER
A vendor or solicitor.
Includes a person of either sex, acting as principal or as
agent or representative for corporations, partnerships, associations,
joint-stock companies, societies and all other entities of any kind
capable of being sued.
A place to which the public or a substantial group of persons
has access, but shall not mean the interior floor space of any building
or store, exclusive of porches, patios, and other similar areas not
enclosed by solid walls.
Includes any person who goes from house to house or place
of business to place of business, and sells or offers for sale, solicits
orders for future delivery, demonstrates or makes estimates of goods,
services, or merchandise, by uninvited solicitation.
Includes, except as hereinafter expressly provided, any person,
either principal or agent, doing business through the acts of selling
or offering for sale, or soliciting orders for future delivery of,
any goods or merchandise, directly to the public from any public sidewalk
or street or any public place, including vendors of food products.
[Amended 8-1-2013 by Ord.
No. 2013-007]
It shall be unlawful for any person within the
corporate limits of the City to act as a vendor, hawker, peddler or
solicitor, as herein defined, without having paid required fees, obtained
a license, and maintained such license in force and effect.
A.
Any person desiring to procure a license as herein
provided shall file with the Clerk/Treasurer a written application
upon a form furnished by the Clerk/Treasurer and shall file at the
same time satisfactory proof of good character. Such application shall
give:
(1)
The number and kind of vehicle to be used by the applicant
in carrying on the business for which the license is desired.
(2)
The kind of goods, wares and merchandise he desires
to sell or the kind of service he desires to perform.
(3)
The method and place or places of distribution.
(4)
The name, address and age of the applicant.
(5)
The name and address of the person, firm or corporation
he represents.
(6)
The length of time the applicant desires the license.
(7)
Where a license is desired to operate a food-service
establishment, food-processing establishment, retail meat, fish, grocery
store or supermarket, evidence of a valid permit granted by the New
York State Health Department.[1]
(8)
Upon request of the Clerk/Treasurer, satisfactory
evidence of applicant's ownership of goods or items offered for sale.
(9)
A valid certificate of authority to collect New York
State sales tax.
[Added 11-3-1994 by Ord. No. 94-11]
(10)
Such other information as may be required by
the Clerk/Treasurer.
B.
Each applicant shall sign an agreement indemnifying
and holding harmless the City of Canandaigua for any and all injuries
caused or sustained by the applicant while carrying on the business
for which the license is desired. If applicable, such application
shall be accompanied by a certificate from the Sealer of Weights and
Measures certifying that all weighing and measuring devices to be
used by the applicant have been examined and approved.
[Amended 11-3-1994 by Ord. No. 94-11]
An application for a license as a vendor or
solicitor who demands, accepts or receives payment of deposit of money
in advance of final delivery, shall also be accompanied by a cash
deposit of $5,000 or a $5,000 surety company bond or other bond secured
by sufficient collateral, said bond to be approved by the Corporation
Counsel as to form and surety conditioned for making a final delivery
of the goods, wares, or merchandise ordered or services to be performed
in accordance with the terms of such order or failing therein, that
the advance payment of such order be refunded. Any person aggrieved
by the action of any licensed solicitor shall have right by action
on the bond for the recovery of money or damages, or both. Such bond
shall remain in full force, and effect, and in case of a cash deposit,
such deposit shall be retained by the City for a period of 90 days
after the expiration of any such license, unless sooner released by
the City Council.
Upon the filing of the application, bond and certificate as provided in the preceding section, the Clerk/Treasurer shall upon his approval of such application, issue to the applicant a license as provided in § 538-3 signed by the Clerk/Treasurer and setting forth the date of issuance and the effective date of said license which latter date shall be three days after the date of issuance counting the date of issuance as the first day. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
A license shall not be assignable; any holder
of such license who permits it to be used by any other person, and
any person who uses such license granted to any other person shall
each be guilty of a violation of this chapter.
Whenever a license shall be lost or destroyed
on the part of the holder or his agent or employee, a duplicate in
lieu thereof, under the original application and bond may be issued
by the Clerk/Treasurer upon the filing with him by the licensee of
an affidavit setting forth the circumstances of the loss, and what,
if any, search has been made for its recovery.
All licenses shall be issued from a properly
bound book with proper reference stubs kept for that purpose, numbered
in that order in which they are issued and shall state clearly the
kind of vehicle to be used, the kind of goods, wares and merchandise
to be sold or service to be rendered, the number of his license, the
date of issuance and expiration of the license, fee paid and the name
and address of the licensee.
Such license shall automatically expire on January
1 following the date of issuance of such license, but such licenses
may specifically state and provide for an earlier expiration date.
A.
Such license shall include the right to use only one
vehicle in carrying on the business for which the person is licensed.
No license shall be granted to a person under 18 years of age. No
applicant to whom a license has been refused or who has a license
which has been revoked shall make further application until a period
of at least six months shall have elapsed since the last previous
rejection or revocation, unless he can show that the reason for such
rejection no longer exists. Every licensee, while exercising his license,
shall carry the license with him and shall exhibit the same upon demand.
B.
The City Council reserves the right to limit the use
of licenses at events and places designated by resolution of the City
Council.
[Amended 11-3-1994 by Ord. No. 94-11]
The fee for the issuance of a vendor's or solicitor's
license shall be set annually by resolution of the City Council.
The Clerk/Treasurer may, at any time, for a
violation of this chapter or any other ordinance or any law, revoke
any license. When a license shall be revoked, no refund of any unearned
portion of the license fee shall be made. Notice of such revocation
and the reasons or reason therefor in writing shall be served by the
Clerk/Treasurer upon the person named in the application or by mailing
the same to the address given in the application.
[Amended 11-3-1994 by Ord. No. 94-11; 11-6-1997 by Ord. No.
97-022]
A.
It shall be unlawful for any person to enter upon
private property for the purpose of peddling or so soliciting before
the hour of 9:00 a.m. of any day or after the hours of 7:00 p.m. of
any day except upon the invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor
in plying his trade to ring the bell or knock upon or enter any building
whereon there is painted or otherwise affixed or displayed to public
view any sign containing any or all of the following words: "No Peddlers,"
"No Solicitors," "No agents," or other wording, the purpose of which
purports to prohibit peddling or soliciting on the premises.
C.
No peddler or solicitor shall peddle, vend, or sell
his goods or wares within 200 feet of any place occupied exclusively
as a public or private school or for school purposes, nor shall be
permit his cart, wagon or vehicle to stand on any public highway within
said distance of such school property.
D.
No peddler or solicitor shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered
for sale. No person shall by any trick or device or by any false representation
obtain or attempt to obtain admission to the house or garage of any
person or other entity corporation in the City.
E.
No peddler or solicitor shall make excessive noise
to attract public attention to his wares, or shout or cry out his
wares.
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, except as follows:
(1)
Goods, wares and merchandise may be displayed for
sale on public sidewalks on South Main Street by licensed vendors
only from the railroad crossing south to Antis Street on the west
side and to Saltonstall Street on the east side, and only within eight
feet of the curb.
(2)
On South Main Street from the railroad crossing south
to Antis Street on the west side and Saltonstall Street on the east
side, vending from vehicles legally parked along Main Street will
be permitted unless another duly licensed vendor has previously established
a sales area on the public sidewalk adjacent to the parking space
wherein said vehicle is parked.
(3)
No vendor shall locate within 10 feet of any other
vendor selling the same items, nor within 50 feet of any business
operating from a permanent structure which sells a product or merchandise
of the same general type as that sold by the vendor.
G.
It shall be unlawful for any person to vend, hawk, peddle or solicit orders within the limits of any of the City's parks, except as authorized pursuant to Chapter 519, Parks and Recreation Areas, of the Code of the City of Canandaigua.
H.
It shall be unlawful for any person licensed hereunder
who is also required to obtain a health authority permit pursuant
to the New York State Department of Health to fail to produce upon
request or demand by a police or Code Enforcement Officer a valid
permit from said health authority.[1]
I.
The City Council shall approve and adopt by resolution
rules and regulations to further govern the issuance of vending permits
and the conduct and operations of vendors in the Downtown Central
Business District and in City parks.[2]
[2]
Editor's Note: The Vending Guidelines and Regulations are included at the end of this chapter.
[Amended 11-3-1994 by Ord. No. 94-11]
All orders taken by licensed vendors or solicitors
who demand, accept or receive payment or deposit of money in advance
of final delivery, shall be signed by the vendor or solicitor and
shall be in writing made in duplicate, stating the name, address and
license number of the solicitor, the terms thereof and the amount
paid in advance, and one copy shall be given to the purchaser at the
time the deposit is paid to the vendor or solicitor.
[Amended 11-3-1994 by Ord. No. 94-11[1]]
Any person, who himself or by his clerk, agent
or employee shall act as a vendor, hawker, peddler or solicitor, as
herein defined, without a license, or shall violate any of the provisions
of this chapter, or who having had his license revoked shall continue
to act as a vendor, hawker, peddler or solicitor, shall, upon conviction,
be punishable by a fine not exceeding $250 or imprisonment in the
County Jail of Ontario County for not more than 15 days, or both such
fine and imprisonment. Enforcement of this chapter, except as otherwise
provided herein, shall be by the City Police Department.
It shall be the duty of the Clerk/Treasurer
to keep a record of all applications and of all licenses granted under
the provisions of this chapter, giving the number and date of each
license fee paid and the date of revocation of all licenses revoked.
