City of Hudson, NY
Columbia County
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[HISTORY: Adopted by the Common Council of the City of Hudson 10-21-2008 by L.L. No. 7-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Distribution of advertising matter — See Ch. 58.
Auctioneers and auctions — See Ch. 74.
Lewd and offensive behavior — See Ch. 188.
Loitering — See Ch. 192.
Mass gatherings — See Ch. 199.
Transient merchants — See Ch. 203.
Noise — See Ch. 210.
Peddling and soliciting — See Ch. 217.
Yard and garage sales — See Ch. 318.

§ 307-1 Findings.

It is found and declared that:
A. 
The preliminary purpose of the public streets, sidewalks and other public ways is for use by vehicular and pedestrian traffic.
B. 
Vending on such public ways promotes the public interest by contributing to an active and attractive pedestrian environment.
C. 
Persons engaged in the business of vending should be required to be licensed and to furnish such information as necessary to effectively carry out the purposes of this chapter.

§ 307-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
MERCHANDISE
Any nonedible commodity, excepting used goods.
PERSON
Indicates any individual, society, club, firm, partnership, corporation or association of people.
PUBLIC WAY
All areas legally open to public use, such as public streets, sidewalks, roadways, highways, alleys and parks, as well as areas surrounding and immediately adjacent to public buildings.
REFRESHMENT
Any food, fruit or other edible commodity or beverage.
STAND
Any newsstand, table, bench, booth, pushcart or any other fixture or device which is not required to be licensed and registered by the Department of Motor Vehicles and is used for display, storage or transportation of articles offered for sale by the vendor.
VEND
The act of selling or offering for sale refreshments or merchandise on the public streets, sidewalks or other public ways in the City of Hudson, from a stand, motor vehicle or from the person.
VENDOR
Any person engaged in the selling or offering for sale of refreshments or merchandise on the public streets, sidewalks or places within the City of Hudson, from a stand, motor vehicle or from the person, This definition does not include a door-to-door peddler or solicitor.

§ 307-3 License required; fee.

A. 
It shall be unlawful for any person to vend in the City of Hudson without a license.
B. 
Fees shall be set annually by the Common Council.

§ 307-4 Types of licenses.

[Amended 4-15-2014 by L.L. No. 4-2014]
The following types of licenses shall be available from the Common Council:
A. 
Annual license, 365 consecutive days from the date of issue.
B. 
Three-month license, 90 consecutive days from the date of issue.
C. 
Event organizer's license.
D. 
Three-consecutive-day license.

§ 307-5 Application; background check; limitations.

A. 
The application for a vending license shall contain at a minimum the following:
(1) 
Name and description of the applicant.
(2) 
Address of the applicant (local and legal).
(3) 
Name of the firm or company where the applicant is employed.
(4) 
Address of the firm or company where the applicant is employed.
(5) 
Description of any motor vehicle to be used, along with the license number.
(6) 
Brief description of the nature of the business and the kind of goods or property to be sold.
(7) 
Date and length of time the applicant desires the license.
(8) 
Date and place of conviction of any offense other than a traffic infraction.
B. 
The City Clerk may require a letter of authorization from the firm or company which the applicant purports to represent.
C. 
Each person vending for the same firm or company may be required to file a separate application.
D. 
The City Clerk may complete a background check on the applicant and the employer prior to issuance of a license or require sufficient information to complete such check after issuance of a license, including two recent photographs (within six months), a copy of a driver's license or other satisfactory photo government identification, and the right thumbprint affixed to the application.
E. 
No vendor shall sell a product within 100 feet of a store selling the same or a substantially similar product.

§ 307-6 Health permits.

A vendor engaged in the sale of food or beverages shall also apply to the County Department of Health for any required health permits and shall prominently display this permit.

§ 307-7 General requirements.

A. 
All vendors are prohibited from vending in a manner that interferes with pedestrian or vehicular traffic or other legitimate business in the City of Hudson.
B. 
No vendor shall, directly or indirectly, cause or permit the public streets, sidewalks or places to be littered with papers, wrappings or other debris or refuse where the littering results from the conduct of his business.
C. 
No vendor shall vend between 9:00 p.m. and 9:00 a.m. of the following day, unless otherwise specified.
D. 
Persons licensed pursuant to the provisions of § 32 of the General Business Law of the State of New York shall be prohibited from vending within the City of Hudson unless they have obtained a license in accordance with the provisions of this chapter. No fee shall be charged of individuals licensed pursuant to General Business Law § 32.
E. 
Any person vending refreshments or merchandise from a motor vehicle that is attractive to and popular with children, which invites or causes children to gather or collect about the motor vehicle, is required to take those precautions necessary to protect the children from being struck by motor vehicles.
F. 
No vendor shall use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public.
G. 
No vendor shall vend within 250 feet of the grounds of any elementary or secondary school between 1/2 hour prior to the start of the school day and 1/2 hour after dismissal at the end of the school day.
H. 
All stands used for vending must be removed from public property during the nonoperating hours unless the Mayor, at the request of the vendor, gives permission for the vendor stand to remain in a specified location.
I. 
All vendors must prominently display the license issued by the City of Hudson.
J. 
Vending shall take place only in nonresidential zones of the City.
K. 
The license may limit the amount of space to be occupied by the vendor.

§ 307-8 Event organizer's license.

The City Clerk shall issue event organizer's licenses. Such licenses shall contain the following conditions:
A. 
Licenses shall be for the duration of the event, which shall be specified in the application to the City Clerk.
B. 
The license shall designate a location where the event will be held.
C. 
Vendors at the event shall comply with all applicable provisions of this chapter and all regulations and pay all fees required by the person coordinating the event. Vendors shall not be required to obtain a separate vendor's license from the City.
D. 
The holder of the license shall be responsible to ensure that all vendors operating under his or her license are in compliance with all applicable regulations.
E. 
No vendor shall operate in the event area unless authorized by the license holder.
F. 
All vendors dispensing food shall be required to possess and display the appropriate Health Department license.
G. 
Such merchandise may be vended at the event as approved by the event organizer, and the restrictions on merchandise that may be sold, as defined in Hudson City Code § 307-2, are not applicable.

§ 307-9 Exemptions.

The following vendors are exempt from the fee requirements of § 307-3A in this chapter, but must comply with all conditions contained herein.
A. 
Individuals under the age of 16 years who vend Girl Scout cookies, candy, lemonade or similar items.
B. 
The sale of fresh produce by a farmer who himself or through his employees vends, sells or disposes of products of his own farm or garden.
C. 
Charitable organizations located in the City.

§ 307-10 Nonissuance of license.

No license shall be issued to any applicant if the business sought to be licensed does not comply with all applicable federal, state and local laws, ordinances and regulations. If the application is rejected, the City Clerk shall notify the applicant, in writing, giving the reasons for the rejection.

§ 307-11 Display of licenses.

All licenses shall be displayed in a conspicuous place at all times during the operation of the vending business.

§ 307-12 Transfer of license.

A license may not be transferred or assigned or its location changed without prior approval of the City Clerk. If the City Clerk approves the transfer, assignment or location change, this action shall be endorsed upon the license by the City Clerk.

§ 307-13 Suspension or revocation of license.

A. 
A license may be suspended or revoked by the City Clerk only after notice, in writing, and an opportunity to be heard is given to the vendor.
B. 
Written notice of intent to suspend or revoke shall be given by registered or certified mail, to the address set forth on the application.
C. 
The City Clerk shall suspend or revoke the license of any vendor found to have violated or to have permitted a violation of any provision of this chapter or any other ordinance, rule or regulation or state or federal law pertaining to the operation of his business.
D. 
Upon a determination that a license should be suspended or revoked, the City Clerk shall notify the vendor, in writing, setting forth reasons for such suspension or revocation,
E. 
If the licensee has one or more employees, the revocation hereunder shall apply to the licensee and all employees if either he or any one or more of his employees are determined to be in violation of this chapter.

§ 307-14 Effect of license revocation.

A. 
When a license has been revoked, no other license shall be issued to the same vendor until after the expiration of at least one year.
B. 
Upon revocation of any license, the license fee shall be forfeited.

§ 307-15 Appeals.

If the City Clerk denies the issuance of a license or permit, suspends or revokes a license or permit, or orders the cessation of any part of the business operation conducted under the license or permit, the aggrieved party may appeal the City Clerk's decision to the Mayor.

§ 307-16 Penalties for offenses.

Any person who conducts a business without a license required by this chapter or who conducts or attempts to conduct a business during the period when his license is suspended or revoked or who violates any of the terms or provisions of this chapter or who shall continue to act as a vendor subsequent to the revocation of his license shall be guilty of a violation and shall be subject to a fine of $250 for each day on which the violations occur.