[Adopted as Ch. 110 of the 1967 Code]
[Amended 5-31-1972; 12-18-1997 by L.L. No. 8-1997]
A tax shall be levied upon all persons now conducting or who
may hereafter conduct a transient retail business in the City of Glens
Falls. Such tax shall be based upon the gross amount of sales and
shall be at the same aggregate rate as other property is taxed in
the City for city, school, county and state purposes. If the rate
for the current year has not been ascertained at the time the tax
herein provided for is to be paid, the same shall be estimated by
the Assessors. Every applicant shall file with the City Clerk an application,
in writing, which shall contain such information as may be requested
by the City Clerk, and the following:
A.
The full name and address of each of such persons and, if a corporation,
the state under the laws of which organized, the exact location of
its principal office and place of business and the names and addresses
of its officers.
B.
The exact nature and location of business engaged in by such person
or corporation during the five years immediately preceding the filing
of such statement and, in the case of a corporation organized less
than five years, since its organization.
C.
The exact location within said City where such transient retail business
is to be conducted.
D.
The date on which such person, firm or corporation intends to begin
doing such business within said city.
E.
The name and address of the landlord from whom the premises are rented.
F.
A detailed description of the type and kind of goods, wares and merchandise
to be offered for sale to the public, together with an itemized statement
of the cost price to the applicant of such goods, wares and merchandise.
G.
The place where such stock or merchandise was or is to be purchased,
the manner in which the same was or is acquired and the place where
such stock or merchandise was or is to be aquired.
H.
The purpose of the business to be conducted, specifying whether the
same is for the sale only of a particular stock of goods, wares and
merchandise already acquired and on the premises, or to be acquired
and delivered to the premises for sale to the public, or whether the
same is for the sale of any particular type or kind of goods, wares
or merchandise to be continued only until public demand for such merchandise
is satisfied, stating whether it is the intention of the applicant
to establish a permanent place of business within the City for the
continuing sale to the public of such merchandise.
As used in this Article, the following terms shall have the
meanings indicated:
One conducted in a store, hotel, house, building or structure
for the sale of retail goods, wares or merchandise, excepting food
products, and which is intended to be conducted for a temporary period
of time and not permanently. If the place in which a business is conducted
is rented or leased for a period of six months or less, or for a period
of six months or more under a lease or agreement giving to the applicant
the option to cancel such lease on 90 days' notice or less, to
the landlord, with or without penalty, or for the purpose of the sale
to the public of a particular stock of goods already acquired and
on the premises, or for the sale of any particular type or kind of
merchandise to be continued only until public demand for such merchandise
is satisfied, without the intention of establishing a permanent place
of business in the City for the continuing sale to the public of such
merchandise, such fact shall be presumptive evidence that the business
carried on therein is a transient business.
[Amended 5-31-1972]
[Amended 5-31-1972]
It shall be unlawful for any person to conduct a transient retail
business without obtaining a license therefor from the City Clerk.
Said license shall state the place where the business is conducted
and the period of time covered by the license. Upon filing the application
for a license as a transient or itinerant merchant, the applicant
shall pay the City Clerk a fee of $200 for the first $10,000 of retail
price of said goods, wares and merchandise and an additional fee of
$100 for each additional $10,000 of retail price thereof.
Before any such license is issued, the applicant shall file
with the City Clerk an approved surety bond in an amount not less
than $1,000, to be executed by a bonding company authorized to do
business in the State of New York, which bond shall be conditioned
that such applicant will faithfully comply with all the provisions
of this Article, of the General Municipal Law in relation to taxation
of transient merchants[1] and with all other provisions of law. Such bond shall
be approved by the City Attorney as to form and execution and the
City Clerk as to its sufficiency. In lieu of any such surety bond,
the applicant may make a cash deposit with the City Clerk in an amount
to be fixed by the City Clerk, which deposit shall be deemed to be
surety to the same extent as said surety bond. The condition of such
bond shall be that said transient merchant shall well and truly perform
any and all contracts or sales orders made within the city, and more
particularly, that if said merchant takes orders for merchandise to
be delivered at a future date and accepts payment in part or in full
therefor, he shall deliver said merchandise in a satisfactory condition
within a period of four months from the date of said contract; a copy
of which contract or sales order with full particulars is to be delivered
to the purchaser at the time of sale. There shall be no forfeiture
in respect to the four months' limitation where there is proof
that nondelivery was due to strike or other extraordinary events beyond
the control of said merchant; however, in such event, the merchant,
upon demand, shall promptly return in full the purchaser's deposit,
and if he fails so to do, the surety will be required to make restitution
under said bond.
[1]
Editor's Note: See § 85-a of the General Municipal
Law.
[Amended 5-31-1972]
Every applicant to whom a license is granted shall each week
make a verified written report and file the same with the City Clerk,
showing all additions to stock and all gross sales during the period
covered, and, at the termination of such business, shall file a final
verified report showing the total amount of stock and all gross sales.
The tax herein required to be paid shall be made in weekly installments
based upon the gross sales of the previous week, and at the termination
of such business, such applicant shall forthwith pay the balance of
such tax computed as herein provided.
[Amended 5-31-1972; 12-18-1997 by L.L. No. 8-1997]
In case any such person, firm or corporation shall fail to file
such verified statements or files incorrect statements or fails to
pay the tax when the same is due and payable, as above provided, or
shall fail to comply with any and all provisions of this Article,
the permit granted such person, firm or corporation shall thereupon
be revoked by the Mayor and become null and void, and any person,
firm or corporation failing to pay said tax or failing to obey the
provisions of this Article shall be guilty of misdemeanor and punishable
according to law, as provided by Section § 85-a of the General
Municipal Law.
A.
No person, firm or corporation, except resident taxpayers or those
having an established place of business for that purpose in the City
of Glens Falls, New York, shall directly or through any agent or solicitor
go from place to place soliciting orders to take photographs of any
person, object or place or to copy, enlarge or reproduce by any photographic
process any picture or photograph without first having obtained a
license so to do from the City Clerk.
B.
Any person, firm or corporation desiring to engage in any of the
activities above mentioned shall apply, in writing, to the City Clerk
for a license therefor, giving the name and address of the applicant,
a description of the particular business intended to be carried on,
his experience and the nature of the proposed business and such other
information in reference to the applicant as the City Clerk shall
require to determine the character, responsibility and ability of
the applicant. No person of notoriously bad character shall be granted
a license.
C.
For each order solicited and received, the licensee or his representative
shall deliver to the customer a receipt, in writing, signed by the
licensee and the solicitor, stating, in substance, the work to be
done, the date on or before which the completed work is to be delivered,
the total amount to be paid by the customer and the amount paid on
account, if any. The receipt shall also show the number of the license
issued to the solicitor or to his principal.
[Amended 12-18-1997 by L.L. No. 8-1997]
The license fee shall be at the following rates per year:
Each license issued pursuant to this Article shall expire on
the 30th day of April next succeeding its issue unless sooner revoked
or suspended.
[Amended 12-18-1997 by L.L. No. 8-1997]
Any person violating any of the provisions of the foregoing
sections of this Article shall be subject to a fine or penalty of
not more than $250 or imprisonment for a term not to exceed 15 days,
or both, for each offense. Each and every day upon which said person,
firm or corporation shall continue to violate any of the provisions
of this Article shall constitute a separate and distinct offense hereunder.
The City Clerk may also, in his or her discretion, for cause
and without rebate, revoke any license issued hereunder in the manner
provided by law.
