[1]
Editor's Note: This ordinance also repealed former Art. IX
Sidewalk Vending, adopted as §§ 8-220 through 8-224
of the 1964 Code, as amended.
As used in this article, the following terms shall have the
meanings indicated:
Engaging in or carrying on any business, business activity
or otherwise at an established location, wholly or partly located
or situated upon a sidewalk, pathway, street, alley or other similar
surface regularly and generally traversed and used by the public,
regardless of whether or not the area or surface is owned publicly
or privately, and shall remain at this established location for not
less than 30 minutes on any day.
(a)
No person shall engage in stationary vending or carry on any
business, business activity or otherwise, wholly or partly located
or situated upon a sidewalk, pathway, street, alley or other similar
surface regularly and generally traversed and used by the public,
regardless of whether or not the area or surface is owned publicly
or privately, without first obtaining a license to do so from the
office of the City Clerk, nor shall any such business, business activity
or otherwise be continued after the license has expired or has been
suspended or revoked.
(b)
This article shall not apply to any lawful business, business
activity or otherwise which incidentally and occasionally may be located
or situated upon a sidewalk, pathway, street, alley or other similar
surface that is directly adjacent to the permanent quarters of the
business, business activity or otherwise and the incidental and occasional
location is intended only for the display and promotion of goods,
articles, services or things generally contained within the adjacent
quarters for commercial purposes and where the commercial activity
is in all respects in compliance with all other laws, statutes, codes
and ordinances.
The Clerk shall send a copy of the application to the Bureau
of Police Records Division in City Hall for investigation. The Bureau
of Police shall report its findings, if any, to the City Clerk within
the three-day period.
(1)
Submission; contents. Prior to conducting any stationary vending
use, an application for a license required under the provisions of
this division shall be submitted to the office of City Clerk, and
in addition to any other requirements, include the following:
a.
Name of applicant.
1.
Telephone number.
2.
Cell phone number.
3.
Social Security number.
4.
Date of birth.
5.
If the applicant represents a firm or corporation, the name
of said entity must be provided, along with the principal office address,
applicant's affiliation with said organization and a letter of authorization
on company stationery from the firm or corporation whom the applicant
purports to represent.
b.
A statement of the activity, the goods to be sold or dealt with,
the proposed structure to be used, the hours of operation, the intended
clientele and a statement of the business advantage of the activity
and location. If food or food products are to be sold, then the applicant
must provide a current permit from the County Department of Health
and must comply with all laws, regulations and rules of the Department.
c.
The length of time for which the license is required.
d.
Ask on the application whether the applicant has been convicted
of any crimes (as the term "crime," is defined by the New York Penal
Law) and the nature of those convictions. (The applicant shall be
denied if he or she provides false information.)
e.
A certificate of insurance indicating that the applicant has
secured or will secure general liability insurance of $1,000,000.
In lieu of the certificate of insurance, the applicant may submit
a signed and verified statement to the effect that the liability insurance
is or will be held by the owner of the adjacent real estate and that
the coverage expressly includes incidents occurring on and around
the area proposed to be used for stationary vending. Any insurance
policy must name the City as an additional insured.
f.
A certificate identifying the applicant's sales tax number or
proof of tax exemption status.
(2)
Review; approval. Upon verifying that the application is complete and meets the requirements of Section 2-14-265, the office of the City Clerk shall submit the application to the City of Utica Police Department Record Division, and if necessary, the Chief of Police, the Commissioner of Public Safety, the City Engineer and the Planning Director for their review. If there is no substantial objection or required modification, or if the applicant can and does comply with the required modification, then the application may be approved. Barring any complications or holidays, the applicant can expect this process to take approximately three business days from the time of submission.
(a)
Upon approval of the application for the license required under
the provisions of this division, the applicant shall remit to the
Office of the City Clerk the fee for a license in the sum of $150
for the vendors of food or food products for one year; $100 for half
year (six months); or $15 per day or fraction of a day for any stationary
vending activity, or $550 for all other stationary vendors; $300 for
half year (six months); or $25 per day or fraction of a day for any
stationary vending (nonfood) activity and, thereupon, the license
shall be issued for a term of one year from the date of issuance.
(b)
Disabled american veterans based on federal guidelines will
be exempt from all fees.
Within 30 days prior to the expiration of the term of the license
required under the provisions of this division, an application shall
be made for renewal which need not contain the full disclosures as
required for a new location but shall require a statement, signed
under oath, to the effect that all conditions of the license have
been observed and complied with and that there are no material changes
from the facts stated in the original application.
No license for stationary vending may be issued for a location
not meeting the following general and specific standards:
(1)
The stationary area shall not be less than 10 feet in width
between the established curbline and any abutting building or structure.
(2)
The stationary area shall not be within 20 feet of any fire
hydrant, street intersection, vehicle driveway, parking meter, utility
access, building accessway, fire escape, traffic control equipment
or other things requiring access.
(3)
The stationary area to be occupied by a stationary vending use
shall not exceed 50% of the established width between the curbline
and adjacent building or that area regularly available for the use
by the general public, to the end that the use and enjoyment of the
area by the general public shall not be curtailed to less than five
feet in any case and shall not result in any hazard to the public.
(4)
Stationary vending shall not take up more than two legal parking
spaces. Additionally, vending should be conducted on the sidewalk
at all times.
Any license issued for stationary vending shall be conditioned
upon the following:
(1)
The stationary vending activity shall continuously comply with all of the standards of location specified in Section 2-14-265 subsequent to issuance.
(2)
The activity shall be restricted to only that which was specified
in the application and no other.
(3)
Any structure, appliance, equipment or other paraphernalia related
to the stationary vending activity shall be strictly maintained in
good condition, free from defects and in a visually attractive and
acceptable appearance.
(4)
The activity will not be allowed to interfere with any other
public or private activity or become a nuisance and shall continue
to fulfill a general need and convenience.
(5)
The City of Utica Police Department has the authority to approach
any stationary vendor for the purpose of public safety and further
has the authority to have him or her move, if it is in the interest
of public safety.
(6)
Prohibited areas. Stationary venders are prohibited within 500
feet of the property lines for Utica public, parochial and private
schools between the hours of 7:00 a.m. and 4:00 p.m. on school days.
(a)
A license required pursuant to the provisions of this division
may be summarily revoked by the City Clerk for a violation of the
terms of the license, the violation of any ordinance, local law or
state or federal statute or for falsification in applying for a license.
Written notice of the revocation, stating the terms of the revocation,
shall be personally served upon the licensee or mailed to the address
given in application. Upon the filing of notice of revocation in the
City Clerk's office, with affidavit of service by mailing, the license
shall be revoked.
(b)
If a license is revoked pursuant to the provisions of this section
or if a license is denied to any applicant by the Clerk or the Chief
of Police refuses to countersign a license, the licensee or applicant
may request a hearing within a period of 30 days after the revocation,
refusal and denial. The request shall be in writing and shall be made
to the Common Council and filed with the City Clerk within the thirty-day
period. The Common Council shall hear the licensee's or applicant's
request for a review of the determination of the City Clerk or the
Chief of Police at the next regularly scheduled meeting of the Common
Council following the filing of the application for review with the
City Clerk. The Common Council may grant a license to the applicant
if the Council should determine that the refusal on the part of the
Clerk or the Chief of Police was arbitrary or otherwise in error.
If the Common Council, after the hearing, determines that the decision
of the City Clerk or Chief of Police was not arbitrary and was justified
under the circumstances, the Common Council shall refuse the license.
The decision on any hearing shall be rendered by the Common Council
in writing within 45 days after the hearing and shall be entered in
the minutes of the Common Council.
[Added 2-12-2018 by Ord. No. 7]
