[HISTORY: Adopted by the Common Council of the City of Cortland 8-5-1969 as Ch. 10, Art. V, of the 1969 Code of Ordinances. Amendments noted where applicable.]
[Amended 3-2-1971 by Ord. No. 1971-3; 5-7-1996]
As used in this chapter, the following terms shall have the meanings indicated:
- ESTABLISHED PLACE OF BUSINESS
- A building or store in which a person transacts business and deals in the goods, wares and hawks, peddles or solicits during regular business hours daily.
- Any raw, cooked or processed edible substance or beverage or ice cream, ice products or frozen desserts.
- FOOD VENDOR or VENDOR
- A person who hawks, peddles, sells or offers food for sale in any public space or public place.
- HAWKER; PEDDLER
- Any person, either as principal or agent, who, in any public street or public place, or being engaged in going in and upon private residence properties and contacting or attempting to contact the occupants of such premises, sells or attempts to sell, or carries or exposes for sale, any type of goods, foods, wares and merchandise, regardless of the time or manner of delivery of such goods, foods, wares and merchandise.
- MOBILE ICE CREAM VEHICLE
- A vendor who sells ice cream as a primary product from one
motor vehicle and along public streets.[Added 3-4-2014 by L.L. No. 1-2014]
- Any City park.
- PUBLIC SPACE
- All publicly owned roadways, streets, sidewalks or rights-of-way.
- Any wheeled vehicle or device used by a food vendor, other than a motor vehicle or trailer, which may be moved with or without assistance of a motor vehicle and which does not require registration by the Department of Motor Vehicles.
- Any person, either as principal or agent, who being engaged in going in and upon private residence properties, solicits, requests or accepts orders by telephone, or stands in any public street or public place, takes or offers to take orders for goods, foods, wares and merchandise, or for services to be performed in the future, or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
- A movable, portable or collapsible structure, framework device, container or other contrivance used by a food vendor for displaying, keeping or storing any food or article required by him or her while acting as such vendor.
- A motor vehicle or trailer, as defined in the Vehicle and Traffic Law or as otherwise defined in the Code of the City of Cortland.
- To hawk, peddle, sell or offer to sell food on public space.
Prohibited. The practice of going in and upon private residences and apartments in the City, or in any manner attempting to gain entrance thereto, or disturbing, molesting or interfering with the occupant or occupants of such residences and apartments by peddlers is hereby forbidden.
Notice to be posted. This section shall not be effective, however, except in those cases where the occupant or occupants of such premises have cause to be placed in a conspicuous place near the front entrance door or doors thereof a notice directed to peddlers, stating that the occupant or occupants of such premises do not desire to be approached, molested or in any manner interfered with by peddlers, and forbidding such approach, molestation or interference.
Any notice with the first line reading "NOTICE TO PEDDLERS" in printed letters at least 1 1/4 inch high and containing in the body thereof in legible writing or printing the information that the owner or occupants do not care to be approached or in any manner molested by any person offering for sale or selling any merchandise of any kind whatever for present or future delivery shall be deemed a sufficient compliance with the provisions of this chapter and shall make this chapter effective as to the premises where such notice is placed as provided in § 213-2.
Nothing contained in this chapter shall prohibit a peddler from calling and attempting to gain entrance to any private residence or apartment protected by the notice described in § 213-3 in any case where such peddler has been expressly invited by the owner or occupant to call at such residence or apartment.
It shall be unlawful for any peddler to sell or attempt to sell within the City any goods, wares or merchandise during the period from one hour after sunset to one hour after sunrise during any weekday, and it shall likewise be unlawful for any peddler to sell, attempt to sell within the City any goods, wares or merchandise on Sunday.
[Amended 3-2-1971 by Ord. No. 1971-3; 7-6-1971 by Ord. No. 1971-20; 4-4-1972 by Ord. No. 1972-3; 4-18-1972 by Ord. No. 1972-5; 5-7-1996]
Issuance. It shall be unlawful for any person within the City to act as a hawker, peddler or solicitor, as these terms are defined in § 213-1 of this chapter, without first obtaining a license therefor from the City Clerk.
Nothing in this chapter shall apply to sales conducted pursuant to statute or by order of any court, or to any persons selling personal property at wholesale to dealers in such property.
The provisions of this chapter, other than as set forth in Subsection C(3) or D of this section, shall not apply to merchants having an established place of business within the City or their employees, except as provided in this chapter, or authorized vendors as provided in this chapter; to farmers and truck gardeners who themselves or through their employees vend, sell or dispose of the products of their own farms or gardens; to honorably discharged veterans of the armed forces properly exercising a license issued pursuant to the General Business Law; or to berry pickers who sell berries of their own picking.
Certificate of compliance.
This chapter also shall not apply so as to interfere unlawfully with interstate commerce. Any person claiming to be engaged in interstate commerce or claiming any of the exemptions set forth in Subsection B(2) of this section shall apply to the City Clerk for a certificate of compliance, using the form of application described in § 213-7 of this chapter. If an applicant claims an exemption due to being engaged in interstate commerce, the applicant must submit satisfactory proof to the City Clerk that he is legitimately and legally engaged in interstate commerce. This proof shall be submitted at the same time as the application. When the applicant shall have established to the satisfaction of the City Clerk that he is engaged in interstate commerce or is entitled to one or more of the above exemptions, the City Clerk shall issue to him without charge a certificate of compliance, stating among other things that the applicant has complied with the requirements of this section and has satisfactorily established that he is engaged in interstate commerce or is entitled to one or more of the above exemptions. The certificate or a copy thereof shall be carried with the person availing himself of it and shall be exhibited upon demand. The certificate shall be valid only for one year from its date of issue. The securing of a certificate of compliance by fraud or misrepresentation by any person not engaged in interstate commerce or entitled to one or more of the above exemptions shall constitute a violation.
Any person who sells or attempts to sell, or carries or exposes for sale, any type of goods, wares and merchandise from a stock he maintains or to which he has access, if located in New York State, shall not then be considered to be engaged in interstate commerce whether the goods, wares and merchandise are delivered on consignment or otherwise and regardless of the point of origin of the goods, wares and merchandise.
Food vendor licenses. It shall be unlawful to act as a food vendor or to vend food from any vehicle, pushcart or stand in a public space or park without having first obtained a license in accordance with the provisions of this chapter.
License application. Application for a license shall be made in writing to the City Clerk by the person to be licensed on forms to be furnished by said Clerk. The application shall contain such information as the name and address of the applicant, the name and address of the owner of the established place of business by whom the licensee is employed or authorized and such other information as the Clerk may reasonably require.
Requirements for issuance of license. No license shall be issued by the City Clerk until:
The applicant obtains a statement from the Health Department advising the City Clerk that the applicant meets the requirements of the Sanitary Code of the State of New York and/or the County of Cortland and the rules and regulations therein contained.
The applicant submits a sworn statement from the owner of the established business that the applicant is an employee of the owner or is a person authorized by the owner to vend in the public space immediately in front of the owner's established business store front.
The applicant and the owner of the established place of business submit a statement agreeing to indemnify and save harmless the City of Cortland, its agents, officers and employees thereof, from all claim suits or actions of every name or description brought against the City, its officers, employees or agents, on account of injuries, death or damages to persons or property received or sustained or alleged to be sustained by any person or persons arising out of the license issued herein or in any permit or permission granted to the applicant to vend at any public space or park.
The applicant submits a comprehensive general liability insurance policy in form acceptable to the corporation counsel, including products liability and bodily and property damage coverage, insuring the City of Cortland and the applicant from all claims from damage to property or bodily injuries, including death, which may arise out of any license or permit or permission issued herewith. The minimum requirements for insurance are as follows:
Commercial general liability: $1,000,000 each occurrence and $2,000,000 aggregate.
Property damage: $1,000,000 each occurrence and $2,000,000 aggregate.
Auto liability, where applicable: $1,000,000 combined single limit.
The certificate must give a description of the activity or use of City property along with the date the activity will take place. The cancellation section of the certificate of insurance should read "30 days' written notice."
The applicant submits written approval from the Fire Chief in the event that a propane tank heat-producing device or open flame is to be used in conjunction with the applicant's food vending.
The applicant submits proof that the New York State Department of Taxation and Finance has issued a certificate of authority to the applicant for the collection of sales tax in connection with the applicant's vending operation. Furthermore, if the applicant holds a license for the year previous to the year for which an application is being submitted, the applicant shall, at the request of the City Clerk, submit with the application for a new license, copies of all sales tax returns filed with the New York State Department of Taxation and Finance for the previous 12 months.
Duration of license. Each license shall expire, unless sooner revoked as herein provided, on December 31 of the year in which it is issued.
Identification. Each vendor shall affix to his pushcart or stand, in a conspicuous place where the same can be seen during the term of said license, the license issued by the City Clerk.
Restrictions. No food vendor shall conduct business in any public place or space other than for which he is licensed. The City Clerk shall not issue a license to any applicant to operate for any public place other than the area immediately in front of the established place of business in the area between the front of the owner's place of business and the curb and between the boundaries of said store front extended out to the curb. The vendor shall also adhere to the following:
All vendors conducting business from a pushcart or stand must regularly pick up all papers, cartons, rubbish or any debris in any form which is deposited within a radius of 25 feet from the vendor's stand, pushcart or vehicle.
Each vendor conducting business at a public place shall maintain suitable waste containers adjacent to his or her pushcart or stand for the placement of litter by customers or any persons and shall duly dispose of said litter in accordance with the City of Cortland regulations.
No pushcart or stand shall occupy more than 24 square feet of an area.
No vendor shall carry on his business in a loud or boisterous manner, advertise his wares by calling or shouting or advertise his wares by ringing any gong or bell or playing or causing to be played any mechanical or electrical musical sound device.
No vendor shall ring any gong or bell or cause to be played any mechanical or electrical musical sound device to advertise his wares or in aid of his business, except as provided in § 213-15.
[Amended 3-4-2014 by L.L. No. 1-2014]
No vendor shall attach or have attached any flashing or revolving light or lights in aid of his business except those permitted by law.
No license authorized herein shall be transferred or assigned, and any permit issued shall be deemed a bare license revocable as provided herein. The licensee shall not acquire any property interest in the area for which the permit is issued.
No vendor shall place the stand in the public right-of-way so as to impede pedestrian traffic or so as to create a hazardous condition.
Permit to vend in certain parks.
The City Clerk is hereby authorized to award permits for the locations designated in Subsection D(7)(a) hereof, annually, which shall run from January 1 to December 31, after public notice as follows:
Notice that such food vendor permits will be awarded by lottery shall be published once in the official newspaper of the City of Cortland on the first Monday of December. Such advertisement shall contain a statement of the time and place applications can be received and the date of awarding said permits. The City Clerk shall select a date in January to award such permits. The City Clerk shall also select a maximum of two alternate applicants who shall be eligible in order of selection to a site which becomes eligible during the year.
The lottery shall be conducted as follows: An applicant who is selected in the lottery shall have the opportunity, in the order the applicant's name is drawn in the lottery, of selecting any location specified in Subsection D(7)(a) hereof which has not been previously selected. Application forms for permits to be awarded by lottery shall be provided by the City Clerk. In the event that there are more sites available than license applications, each applicant shall be given an opportunity in the same order as he/she is selected in the lottery to apply for an additional site. This process shall continue until all of the sites are awarded.
No application shall be accepted by the City Clerk unless the applicant provides evidence of the following:
Deposit of $150 by certified check made payable to the City of Cortland, which said sum shall be credited toward the annual license fee of the applicant awarded the permit for said location. Deposits shall be returned to any applicants not receiving an opportunity to select a location permit. However, the deposit shall not be refunded to an applicant who has been awarded a permit and elects not to vend at said location; or who selects a location in the lottery and subsequently elects not to accept the permit for said location.
Compliance with Subsection D(2)(a), (c), (d) and (e), except that an applicant may submit a letter from an insurance company certifying that a comprehensive liability insurance policy, as provided for in Subsection D(2)(d), shall be submitted to the City Clerk within 48 hours upon awarding of a permit as herein provided.
In the event that the recipient of a permit does not commence operation at the permit location by June 1, except for Yaman Park which shall be by the date set as the opening day of the park, and occupy and operate at said location for economic benefit, the City Clerk shall revoke the permit issued for the year and shall offer the location to an alternate as heretofore provided and who shall be required to pay the annual license fee and comply with the terms of this chapter. No licensee may place a stand in a park until the same is officially opened by the Director of the Cortland Youth Bureau.
No permits authorized herein shall be transferred or assigned, and any such permit shall be deemed a bare license or consent revocable as herein provided. The recipient of the permit shall acquire no proprietary interest in the area for which a permit is issued.
The Director of the Cortland Youth Bureau, in conjunction with the City Clerk, is hereby authorized to revoke any permit herein issued upon 10 days' written notice, except that in the event of an emergency, which shall be determined by the Director of the Cortland Youth Bureau, said permit shall be revoked immediately.
The food vendor awarded a permit for a City park may use a vehicle, subject to the prior approval of the Director of the Cortland Youth Bureau, except at Yaman Park where the food vendor shall operate out of the existing facility owned by the City of Cortland. The exact location of the food stand within the City park shall be determined by the Director of the Cortland Youth Bureau.
Revocation of license. Notwithstanding any other provision contained in this chapter, any license or permit issued pursuant to the provisions of this chapter may be revoked by the City Clerk upon notice and hearing for any of the following causes:
The City Clerk has been advised by the City of Cortland Code Office or Fire Department or the County Health Department or any other state or municipal agency that such vendor has violated any of the provisions of law or the Sanitary Code or rules or regulations therein contained.
A false or fraudulent statement is contained in the application for a license or application for any permit or permission.
A fraudulent or false statement is made in connection with the selling of any food item.
The vendor violates any provision of this chapter.
Temporary suspension of permits. Any permit issued by the City Clerk may be suspended by the City Clerk for a community event designated by the Common Council for a period of not to exceed seven days.
Penalties for offenses. Any person violating any of the provisions of this chapter shall be guilty of an offense and shall, upon conviction thereof, be liable to a penalty or fine of not more than $250.
[Amended 3-2-1971 by Ord. No. 1971-3]
Form, contents. Any person who seeks the issuance of a license as provided in § 213-6 shall file with the City Clerk a written application upon a form to be furnished by the City Clerk, and shall file at the same time satisfactory proof of good character. Such application shall give the number and kind of vehicles if any, to be used by the applicant in carrying on the business for which the license is required, the kinds of goods, wares and merchandise he desires to sell or the kind of service he desires to perform, the method of distribution, the names, permanent and local address and age of the applicant, the name and address of the person he represents, the length of time the applicant desires a license, and such other information as may be required by the City Clerk.
Accompanying documents. Such application shall be accompanied by a certificate from the sealer of weights and measures that all weighing and measuring devices, if any, to be used by the applicant have been examined and approved.
Bond, conditions, amount, duration. All application for a license as a solicitor who demands, accepts or receives a payment or deposit of money in advance of final delivery, shall also be accompanied by a cash deposit or bond to the City, the bond to be approved as to form and security by the corporation counsel of the City, the cash deposit or bond to be in the penal sum of $500 with sufficient surety or sureties or sufficient collateral security as to the bond, conditioned for making a final delivery of the goods, wares and merchandise ordered or services to be performed in accordance with the terms of such order or failing therein that the advance payment or deposit of money for such order be refunded. Any person aggrieved by the action of any licensed solicitors, shall have a right of 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 Clerk.
[Amended 3-2-1971 by Ord. No. 1971-3]
Grant; refusal. Upon the filing of the application as provided in § 213-7 of this chapter, the City Clerk shall, upon his approval of such application issue to the applicant a license as provided in § 213-6 of this chapter. 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 the general welfare.
Use. A license shall not be transferable. Any holder of such license who permits it to be used by any other person, and any person who uses such license transferred to any other person, shall each be guilty of violation of this chapter.
Contents. All licenses shall be issued in duplicate, the original to be given to the person applying for a license and the duplicate to be kept by the City Clerk, numbered in the order in which they are issued, and shall state clearly the kind of vehicle, if any, to be used, and the kind and type of goods, wares and merchandise to be sold or service to be rendered, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.
Display. Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand, or if engaged in telephonic solicitation, shall upon each completed call immediately state his name, address and number of his license.
[Amended 3-2-1971 by Ord. No. 1971-3; 4-7-1992]
The following fees shall be paid for a license as required by § 213-6 of this chapter:
Where a vehicle is to be used by the licensee, the fees shall be:
For the first such vehicle so used: For one year, $75; for any period less than one year at the rate of $15 per month, except that the minimum fee shall be $30.
For each additional vehicle so used by any one licensee: For one year, $50; for any period less than one year at the rate of $10 per month, except that the minimum fee shall be $20.
[Amended 3-2-1971 by Ord. No. 1971-3]
Number, limited. Any licensee using a vehicle may employ under the same license not more than one person to assist in selling and delivering, but such person shall so act only when accompanying a licensed hawker, peddler or solicitor, and when any additional persons are so employed, an additional license shall be required for each additional person, and the fee fixed in Subsection B of § 213-9 of this chapter shall be paid therefor.
Identification card required. All persons acting as a hawker, peddler or solicitor, either as principal, agent or employee, shall at all times carry and on demand display a card of identification issued by the City Clerk which card shall contain the following information: the name of the person, a photograph of the person, the name of the employer and the date of expiration of the employer's license. The identification cards shall be valid only until the expiration of the license under which they are issued.
Removal statement required. Each such person shall file with the City Clerk a statement, including his name, age, permanent and transient address, if his transient address is different from his permanent address while engaged in the activity for which a license is required under this chapter in the City, and the name and address of his employer. He shall pay to the City Clerk a fee of $2 upon the issuance of the identification card.
Refusal, revocation of card. The provisions of § 213-12 of this chapter respecting revocation of license shall apply to the revocation of cards of identification. The issuance of a card of identification may be refused upon the same grounds as set forth in § 213-8A of this chapter for the refusal of a license.
[Amended 3-2-1971 by Ord. No. 1971-3]
License identification. Every vehicle kept or used by a licensee in exercise of his license shall be marked on the outside of the front door on both sides of the vehicle with the number corresponding to the number of his license and the words "Licensed Vendor," in plain, distinct and legible letters and figures at least two inches in height and of such contrasting color as to be readily visible. Such number and words shall be as nearly in the center of the door between the bottom of the window frame and the bottom of the door frame as is possible. Such number and words shall be kept in such a state of repair during the term of the license that they remain readily visible.
Name, address of licensee. Every vehicle kept or used by a licensee in exercise of his license shall be marked on the outside of the front doors on both sides of the vehicle with his name and address in plain, distinct and legible letters and figures at least two inches in height and of such a contrasting color as to be readily visible. Such name and address shall be placed no more than two inches below the required information as contained in Subsection A hereof. Such name and address shall be kept in such a state of repair during the term of the license that they remain readily visible.
[Amended 3-2-1971 by Ord. No. 1971-3]
The City Clerk may at any time, for a violation of this chapter or any other ordinance or law, revoke the 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 reason or reasons therefor set forth in writing, shall be served upon the person named in the application by delivering the notice to him personally or by mailing the notice to the address given in the application; such revocation shall be immediately effective if served personally and shall become effective 48 hours after mailing if service is made by mail.
Licenses obtained by fraud or misrepresentation of any material fact shall be invalid ab initio and shall be surrendered upon demand; no refund of any portion of the license fee shall be made.
[Amended 3-2-1971 by Ord. No. 1971-3]
Unlawful sales. A hawker, peddler or solicitor shall not in any manner misrepresent the quantity, quality or fitness for a particular use of any item offered for sale, or offer for sale any unwholesome, tainted or diseased provisions or merchandise.
Sanitary conditions. A hawker, peddler or solicitor shall keep the vehicles and containers used by him in a clean and sanitary condition and foodstuffs and edibles offered for sale well covered and protected from dirt, dust and contamination by any inanimate or animate object.
Use of vehicles. A hawker, peddler or solicitor shall not stand or permit any vehicle used by him, to stand or be parked in any one place in any highway or public place for more than 10 minutes at any one period of time.
Obstructions. A hawker, peddler or solicitor shall not create or maintain any booth or stand or place any barrel, box, crate or other obstruction upon any street or public place for the purpose of selling or exposing for sale any goods, wares and merchandise.
Measuring devices. A hawker, peddler or solicitor shall not use any weighing or measuring device unless it shall have been examined and sealed by the City Sealer of Weights and Measures.
[Amended 3-2-1971 by Ord. No. 1971-3]
Applicability of provisions. The provisions of this section shall not apply to any religious corporation organized under the Not-For-Profit Corporation Law, nor to solicitations at the regular exercises or services of any lodge, benevolent order, or fraternity, or any branch thereof, whenever such solicitation is made at the regularly appointed meetings, and regular places of worship of a corporation organized under the Not-For-Profit Corporation Law or the regular exercises or services of the lodge, benevolent order or fraternity.
License, authorization card required. It shall be unlawful for any person, organization, society, association or corporation or their agents or representatives to solicit money, donations of money or property, or financial assistance of any kind upon the streets, in office or business buildings, by house-to-house canvass or in public places in the City, except upon a license issued by the City Clerk and authorization card issued by the person, organization, society, association or corporation who or which solicits. The authorization card shall at all times be carried on the person who solicits and on demand be displayed. The authorization card shall contain the following information: The name of the person, the name of the employer and the date of expiration of the employer's license. The authorization cards shall be valid only until the expiration of the license under which they are issued.
Application for license; contents. A written application upon a form to be furnished by the City Clerk to solicit financial assistance for any cause whatever as provided in this chapter shall be delivered to the City Clerk at least two weeks in advance of the first day of solicitation, or as soon as possible in advance of the first day of solicitation if the solicitation is of an immediate nature and such application shall contain the following information:
The name and purpose of the cause for which permission is sought.
The names and addresses of the officers and directors of the organization.
The time for which permission is sought and the localities and places of solicitation.
Whether or not any commissions, fees, wages or emoluments are to be expended in connection with the solicitation.
Any other pertinent information the City Clerk shall require.
Statement of finances. The City Clerk before granting permission to solicit funds or donations as provided in this section, may require the applicant to file with him a sworn statement of all moneys collected in the calendar year or the fiscal year of such organization, society, association or corporation previous to the application, the expenditures connected therewith, together with the names and addresses of all persons receiving commissions, fees, wages or emoluments and the amounts so expended in each category.
[Added 3-4-2014 by L.L. No. 1-2014]
Required all licenses within Charter for food vendors: health, general liability, etc.
Vendor is not allowed to have more than two vehicles licensed at any time.
Vendor is not allowed to have at any time more than two vehicles operating within City limits.
Vendor is prohibited from interfering with pedestrian or vehicle traffic in the City of Cortland.
Cannot be within 500 feet of any school property between 1/2 hour prior to start of school day and 1/2 hour after dismissal at end of the school day.
Cannot be within 500 feet of any standing establishment selling ice cream as its primary product.
All persons driving must be 18 years of age and have proof of drivers license.
Wherever vehicle sells product it is owner's responsibility to make sure there is no litter (papers, wrappings, any other debris or refuse) from the conduct of business.
Sound system may be used (a jingle that customers associate with); but no verbal announcements.
Vendor while conducting business on public streets is required to take precautions in making sure any pedestrian is protected from being struck by another vehicle.
Vendor while being able to travel and sell product must obey all motor vehicle laws.
[Amended 3-2-1971 by Ord. No. 1971-3]
If any section or provision of this chapter shall at any time be declared to be unconstitutional, it is the expressed legislative intent that no other section or provision hereof be thereby affected.
[Amended 3-2-1971 by Ord. No. 1971-3]
Any person violating any of the provisions of this chapter shall be guilty of a violation, punishable as provided in § 1-22 of the Code of the City of Cortland.