City of North Tonawanda, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of North Tonawanda 1-19-1959; amended in its entirety 12-17-2014. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Christmas tree sales — See Ch. 27.
Going-out-of-business sales — See Ch. 47.
Handbills — See Ch. 49.
Political advertising — See Ch. 70.
Transient retail merchants — See Ch. 89.

§ 65-1 Permit and license required; trespassing.

A. 
It shall be unlawful for any person within the corporate limits of the City of North Tonawanda to act as or engage in the business of peddler, hawker, huckster, canvasser, solicitor and or mobile food vendor, as herein defined in § 65-2 of this chapter, without first having obtained and paid for a permit and license therefor as provided herein.
B. 
Trespassing. The owner or occupant of a residential building may post a notice prohibiting canvassers, peddlers and solicitors. The notice shall be placed in a conspicuous place adjacent to the entrance door of the building. The letters of the notice shall be at least 1/2 inch in height and shall contain a statement saying in substance that "Peddlers, Canvassers and Solicitors are prohibited." No person shall engage in any activity regulated by this chapter by attempting to enter a building or ringing a doorbell or knocking on an entrance door to any residence building at which entrance such a notice has been posted.

§ 65-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CANVASSER and SOLICITOR
Includes any person traveling either by foot, wagon, automobile, motor truck or any other type of conveyance from place to place, from house to house or from street to street taking or attempting to take orders for the sale of goods, wares, merchandise or personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not.
MOBILE FOOD VEHICLE
A self-contained mobile food unit in which ready-to-eat food is prepared, cooked, wrapped, packaged, processed or portioned for service, sale or distribution.
MOBILE FOOD VENDOR
The owner or owner's agent of a mobile food vehicle.
PEDDLER, HAWKER and HUCKSTER
Includes any person traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house or from street to street carrying, conveying or transporting goods, wares, merchandise, prepared foods, meats, fish, vegetables, fruits, garden truck farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers, or who without traveling from place to place shall sell or offer the same for sale from a wagon, cart, automotive vehicle, railroad car or other vehicle or conveyance.
PERSON
Includes the singular and plural and shall also mean and include any person, firm, corporation, association, club, copartnership, society or any other organization.

§ 65-3 Exemptions.

Nothing in this chapter shall be held to apply to:
A. 
Any sales conducted pursuant to statute or by order of any court.
B. 
Any persons selling personal property at wholesale to dealers in such articles.
C. 
Merchants having an established place of business within the City, or to their employees soliciting orders from customers and delivering the same.
D. 
Farmers or gardeners who themselves or through their employees vend, sell or dispose of precincts of their own farms and gardens.
E. 
Any honorably discharged member of the United States Armed Forces who has procured a license as provided in the General Business Law of the State of New York.

§ 65-4 Special permits to nonprofit enterprises.

The Mayor shall issue special permits without payment of any license fee or charge therefor to any person or organization for the conduct or operation of a nonprofit enterprise when he finds that the applicant operates without private profit for a public, charitable, educational, literary, fraternal or religious purpose.

§ 65-5 Application.

A. 
Applicants for permits and licenses for peddlers, canvassers and solicitors under this chapter must file with the City Clerk a sworn application, in writing, in duplicate, on a form furnished by the City Clerk, which shall give the following information:
(1) 
Name and description of applicant.
(2) 
Permanent home address and business address of applicant.
(3) 
If employed, the name and address of his employer.
(4) 
A brief description of the nature of the business and the goods to be sold.
(5) 
The length of time for which the right to do business is desired.
(6) 
If a vehicle is to be used, a description of the same, together with license number or other means of identification.
(7) 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or other violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
(8) 
Applicants for mobile vending permits under this chapter must file with the City Clerk a sworn application, in writing, in duplicate, on a form furnished by the Clerk, which shall give the following information:
(a) 
Name, signature and address of each applicant and each corporate officer of the mobile food vehicle vending corporation.
(b) 
A valid copy of all necessary licenses, permits or certificates required by the County of Niagara, the State of New York or any subsidiary enforcement agencies or departments thereof, including, but not limited to: a valid New York State Department of Motor vehicle registration and certificate of inspection and valid driver's license of all vehicle operators.
(c) 
A signed statement that the vendor shall hold harmless the City and its officers and employees, and shall defend, indemnify and hold harmless the City and its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the license. Vendor shall furnish and maintain such public liability, food products liability, and property insurance, as will protect the vendor and the City from all claims for damage to property or bodily injury, including death, which may arise from the operations under the license or in connection therewith. Such insurance shall name the City of North Tonawanda as an additional insured and shall provide coverage of not less than $1,000,000 per occurrence. The policy shall further provide that it may not be cancelled except upon 30 days' written notice served upon the City Clerk. A license issued pursuant to the provisions of this section shall be invalid at any time the insurance required herein is not maintained and evidence of continuing coverage is not filed with the City Clerk.
(d) 
All license applicants shall submit to a City of North Tonawanda Police Department background check into the moral character of the applicant for criminal history related to the proposed activity that would indicate that he or she is not a suitable licensee. A license application may be refused by the City Clerk and/or Police Chief if, in his or her discretion, the applicant's criminal history demonstrates that he or she is not a suitable licensee.
(e) 
All employees of a licensee who shall be manning any mobile food vehicle shall also submit to a City of North Tonawanda background check into the moral character of the employee for criminal history related to the proposed activity that would indicate that he or she is not a suitable employee.

§ 65-6 Investigation and issuance.

Upon receipt of such application, the Mayor shall cause an investigation of such person's business responsibility and moral character to be made as he deems necessary for the protection of the public good. If, as a result of such investigation, the applicant's character and business responsibility are found to be unsatisfactory, the application shall be denied. If, as a result of the investigation, the character and business reputation of the applicant appear to be satisfactory, the Mayor shall so certify in writing on the application, and a license shall then be issued by the Mayor, upon the payment of the required fee.

§ 65-7 Licenses for peddlers, canvassers, and solicitors.

A. 
Upon the filing of the application and certificate as provided in the preceding section the Mayor shall, upon his approval of such application, issue to the applicant a license signed by the Mayor.
B. 
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.
C. 
A license or permit is not 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 be guilty of a violation of this ordinance.
D. 
Whenever a license, permit or vehicle plates shall be lost or destroyed on the part of the holder, his agent or employee, a duplicate in lieu thereof under the original application may be issued by the Mayor upon the filing with him by the licensee of an affidavit setting forth the circumstances of the loss and that the same has not been found after diligent search.
E. 
All licenses shall be issued from a properly bound book, with proper reference stubs kept for that purpose, numbered in the 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 the service to be rendered, the number of his license and license plate, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.
F. 
Such licenses shall automatically expire on January 1 following the date of issuance of such license or permit, but such licenses may specifically state and provide for an earlier expiration date.
G. 
Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed.
H. 
No applicant to whom a license has been refused or who has had a license which shall have 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 or revocation no longer exists.
I. 
Licenses issued pursuant to this chapter shall specify dates, times and locations where licensees may operate. Such designated dates, times and locations of operation shall be left to the discretion of the Mayor.

§ 65-7.1 Licenses for mobile food vendors.

A. 
It shall be unlawful for any person to operate a mobile food vehicle within the public rights-of-way or on public property within the City of North Tonawanda without first having obtained a valid mobile food vending license as prescribed by this section. Operation of a mobile food vehicle on private property shall continue to be regulated and prohibited in accordance with all applicable provisions of the City Code.
B. 
It shall be unlawful for a mobile food vendor to park, stand or operate in a location which is adjacent to or within a three-hundred-foot radius of the main entrance or any service window of any building comprising a licensed food establishment, the kitchen of which is open for serving food to patrons. This requirement may be waived if the application is submitted together with the written consent of the proprietor of the adjacent licensed food establishment.
C. 
Each and every mobile food vehicle vendor must abide by all parking and vehicle and traffic laws, ordinances, rules and regulations at all times, except that a mobile food vehicle that is of such a length that it occupies all or a portion of two vehicle parking spaces, may park in said spaces so long as it abides by all other parking restrictions, including any two-hour-maximum durational requirements in force and effect at that time and location.
D. 
Each and every mobile food vehicle vendor must at all times carry on the vehicle a "measuring wheel" with a measuring capacity of no less than 100 feet as a condition of its licensure. The failure of any mobile food vehicle vendor to carry such a measuring wheel or abide by the proximity distance restrictions included in this chapter shall constitute a violation of this chapter pursuant to § 65-9 and § 65-10 of this chapter.
E. 
It shall be unlawful for any mobile food vehicle vendor to operate within 500 feet of the boundary line of any fair, carnival circus, festival, special event or civil event that is licensed or sanctioned by the City, except when the vendor has obtained permission from the organizer of said special event.
[Amended 3-1-2016]
F. 
All signage must be permanently affixed to the mobile food vehicle. No accessory signage shall be placed outside or around the mobile food vehicle.
G. 
All mobile food vendors must provide trash receptacles of sufficient capacity to contain all trash and waste generated in association with the business of the mobile food vendor. All waste and trash shall be placed in the trash receptacles. All trash, waste, litter or debris shall be removed from the site of the vending operation at the end of each daily operation.
H. 
All mobile food vehicle vendors must comply with all other provisions and conditions as set for the North Tonawanda City Code.
I. 
Mobile food vehicle vendors invited to participate in a City-sponsored event shall not be required to obtain a license pursuant to this section.
J. 
Form and condition of license.
(1) 
Every mobile food vehicle vendor license shall contain the following conditions:
(a) 
Each mobile food vehicle Vending License shall be valid for a one-year period from January 1 until December 31. The applicant must renew the license each year.
(b) 
The license shall not be transferable to/from person to person without the written approval of the City Clerk.
(c) 
The license is valid for one vehicle only.

§ 65-8 Fees for licenses.

A. 
Fees: peddlers, canvassers and solicitors.
(1) 
The fee for licenses for peddlers, canvassers, and solicitors issued under this chapter shall be as follows:
(a) 
Thirty-five dollars per year or $10 per day for each person proposing to peddle, hawk or huckster from a wagon, motor vehicle, railroad car or other vehicle conveyance.
(b) 
Ten dollars per year or $3 per day for each person proposing to peddle, hawk or huckster by using a handcart or pushcart.
(c) 
Ten dollars per year or $3 per day for each person proposing to peddle, hawk or huckster on foot.
(d) 
Ten dollars per year or $3 per day for each person acting as helper or assistant to those using vehicles, which helpers must procure a license or permit as herein provided for peddlers, hawkers, hucksters, canvassers and/or solicitors.
(e) 
Twenty-five dollars per year or $3 per day for each person proposing to canvas or solicit orders for the sale of goods, wares, merchandise or personal property of any nature whatsoever, or for services to be furnished or performed or for collecting advance payments on such sales.
(2) 
The Mayor shall issue to each licensee at the time of delivery of his license a license plate for each vehicle to be used. License plates shall be attached to the vehicle used by the licensee. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
(3) 
The Mayor, whenever it shall appear to his satisfaction that an applicant for a license is unable to obtain other employment because of a physical disability or because of age, may issue a license to such person at a fee of $5.
B. 
Fees: mobile food vendor.
(1) 
Yearly license:
[Amended 3-1-2016]
(a) 
All vendors shall pay an application fee of $100 per year for each food truck.
(b) 
For each employee of the food truck who shall be working within the City, the vendor must pay $15 per employee for a background check.

§ 65-9 Revocation of permit.

A. 
Peddlers, canvassers and solicitors:
(1) 
The Mayor may at any time, for a violation under a peddlers, canvassers or solicitors permit of this chapter or upon conviction of any crime or misdemeanor involving moral turpitude, revoke any license or permit. 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 reason or reasons therefor shall be served by the Mayor, in writing, upon the person named in the application by mailing the same to the address given in the application and upon filing a copy of such notice in the office of the City Clerk.
B. 
Mobile food vendors:
(1) 
The owners/operator of any mobile food vehicle licensed by the City of North Tonawanda shall comply with all provisions of federal, state and local laws and ordinances.
(2) 
The owner/operator of any mobile food vehicle licensed by the City of North Tonawanda shall comply with all notices, orders, decisions and rules and regulations made by the Mayor, Common Council, City of North Tonawanda Police Department or any other City of North Tonawanda department and/or agency.
(3) 
Any person, firm, corporation or other entity violating the provisions of this chapter may be liable for penalties prescribed below and elsewhere in this Code and may be subject to immediate closure and revocation of permit.

§ 65-10 Penalties for offenses.

A. 
Peddlers, canvassers and solicitors.
(1) 
Any person violating any of the provisions of this chapter, as a peddler, canvasser or solicitor, shall, upon conviction thereof, be punished by a fine not to exceed $250, or by imprisonment not to exceed 30 days, or both such fine and imprisonment.
B. 
Mobile food vendors:
(1) 
Any person, firm, corporation or other entity violating the provisions of this chapter may be liable for penalties below and may be subject to immediate closure by the City of North Tonawanda Police Department, pending an administrative hearing, which will be scheduled within 60 days of said immediate closure.
(2) 
For violations solely of the provisions of this chapter, the following fine schedule shall apply:
(a) 
First offense: A fine of $200 after a finding or plea of guilty before the City of North Tonawanda Court.
(b) 
Second offense: A fine of $350 after a finding or plea of guilty before the City of North Tonawanda Court.
(c) 
Third offense: License revocation after a finding or plea of guilty before the City of North Tonawanda Court.
(3) 
Closure for operation without a license:
(a) 
Any mobile food vehicle operating without the required City of North Tonawanda license shall be immediately closed by order of the City of North Tonawanda Police Department. Every day of operation without a license shall constitute a separate violation and shall be punishable by a fine of $1,500 per violation.

§ 65-11 Repealer.

All ordinances or parts of ordinances inconsistent with the provisions of this ordinance be and the same are hereby repealed.

§ 65-12 When effective.

This ordinance shall take effect from and after its passage and publication as provided by law.