[HISTORY: Adopted by the Common Council of the City of Rensselaer 10-28-1988 by L.L. No.
4-1988; amended in its entirety 8-3-2011 by L.L. No.
5-2011. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall be considered synonymous with the terms "solicit" and
"solicitor."
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
Includes all personal property, provisions, items or products
intended to be sold and all types of labor or personal services to
be rendered.
To go personally from house to house, from store to store,
from place to place or from street to street or to deal out, distribute
or dispense, to sell and make immediate delivery or to offer for sale
and delivery any merchandise, goods, wares or provisions in possession
of the seller, or labor or personal services, at any place within
the City of Rensselaer other than from a fixed place of business,
but shall not include mailing.
Any person or company who peddles, as herein defined. The
words "peddler," "hawker" and "huckster" are considered synonymous
terms.
Only a natural person, whether a resident of the City of
Rensselaer or not.
To go from house to house, from store to store, from place
to place or from street to street to sell or take orders for goods,
wares, merchandise or provisions for future delivery or for labor
or services to be performed at any place within the City of Rensselaer
or to distribute advertising matter, but shall not include mailing.
Any person or company who or which solicits as herein defined.
Includes any point or distance within 0.3 of a mile in all
directions of a stationary location.
It shall be unlawful for any person or company to peddle or
solicit within the City of Rensselaer without having first obtained
a valid license therefor as provided herein.
An application for a license shall contain the following information:
A.
The name and description of the applicant; a copy of appropriate
identification such as photo identification, a driver's license or
passport, a photocopy of which shall be retained by the City of Rensselaer;
B.
The address of the applicant (local and legal);
C.
A brief description of the nature of the business and the kind of
goods or property to be peddled or solicited;
D.
If employed by the owner of a licensed vehicle, the name and address
of such employer, together with credentials establishing the exact
relationship;
E.
If for a vehicle license, a description of the vehicle, together
with the license number or other means of identification;
F.
If the applicant is a company, the name and address and title of
the officer of the company, or if a limited-liability company the
name and address of the member(s) upon whom process or other legal
notice may be served;
G.
Social security number;
H.
A statement as to whether or not the applicant has been convicted
of a felony, misdemeanor, or local law violation, the nature of the
offense or violation, the penalty or punishment imposed, the date
when and place where such offense occurred, and other pertinent details
thereof;
I.
Proof of possession of any license or permit which, under federal,
state or local law or regulations, the applicant is required to have
in order to conduct the proposed business, or which, under any such
law or regulation, would exempt the applicant from the permitting
requirements of this article; and
J.
Two unmounted, unaltered photographs of himself/herself in such position
as to show the head and shoulders of the applicant in a clear and
distinguishing manner. Photographs shall have been taken within 60
days preceding the filing of his/her application, and shall measure
two inches by two inches.
A.
The following fees shall be paid, on application to the City Clerk:
For each person, corporation or limited-liability company proposing
to peddle or solicit, whether on foot or from a licensed vehicle,
the filing fee shall be $50.
B.
The annual fee herein provided for shall be assessed on a yearly
basis, and all licenses shall expire on the 31st day of December next
succeeding the date of issuance.
A.
To each person, company, or limited-liability company or corporation
licensed under this article, the City Clerk shall issue a written
permit which shall bear the words "peddler or solicitor," the number
of the license and the calendar year for which the license is issued,
in figures plainly discernible. Such permit shall be kept on the person
of the licensee or, if a company or corporation, its employee or agent
during such time as said licensee is plying his trade.
B.
To each person licensed under this article who loses his permit issued
by the City Clerk, the City Clerk shall issue a replacement, upon
said person's submitting an affidavit setting forth the facts surrounding
the loss of said permit. The licensee shall pay a fee of $25 for a
replacement.
Every peddler, solicitor or vendor licensed under this article
shall have his license in his immediate possession at all times when
peddling or soliciting and shall display the same upon demand of any
person.
No license, license plate or badge issued under the provisions
of this article may be transferred from one person to another person
or from one vehicle to another vehicle, nor shall the badge so issued
be used or worn at any time by any other person than the one to whom
it was issued.
No peddler, solicitor or vendor shall have any exclusive right
to any location in the public streets, nor shall any be permitted
a stationary public location, nor shall he be permitted to operate
for longer than 10 minutes in any one public location. No peddler
or solicitor shall peddle or solicit within 1,000 feet of the Walter
S. Pratt Memorial Playground (Baby Pool) on East Street.
A.
It shall be unlawful for any person to engage in peddling or soliciting
before the hour of 9:00 a.m. of any day or after the hour of 7:00
p.m. of any day.
B.
It shall be unlawful for any peddler or solicitor in plying his trade
to enter upon any premises or property or to ring the bell or knock
upon or enter any building whereon there is painted or otherwise affixed
or displayed to public view any sign containing any or all of the
following words: "No peddlers," "No solicitors," "No agents" or other
wording, the purpose of which purports to prohibit peddling or soliciting
on the premises.
C.
No peddler or solicitor shall peddle, vend or sell his goods or wares
within 200 feet of any church or place of worship or any place occupied
exclusively as a public or private school or for school purposes,
nor shall he permit his cart, wagon or vehicle to stand on any public
highway within said distance of such school property.
A.
Upon the
Police Chief's or his designee's review of the application, he may
refuse to issue a permit to the applicant under this article for any
of the following reasons:
(1)
The location and time of peddling would endanger the safety and welfare
of the peddlers or their customers;
(2)
An investigation reveals that the applicant falsified information
on an application.
(3)
No permit shall be issued to a person who has been convicted of a
felony within a period of five years prior to an application for such
permit. The Chief of Police or his designee may deny the issuance
of a permit if the results of his/her investigation reveal a criminal
history which, in his/her opinion, demonstrates a likelihood that
the applicant may victimize citizens of the City if such permit is
issued. The provisions of Articles 23 and 23-A of the New York State
Correction Law shall be considered by the Chief of Police or his designee
during his review of the applicant's history.
(4)
The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit or misrepresentation has been entered
within the five years immediately preceding the date of the application.
(5)
The applicant offers no proof of authority to serve as an agent.
(6)
The applicant has been denied a permit under this article within
the immediate past year, unless the applicant can and does show to
the satisfaction of the Clerk that the reasons for such earlier denial
no longer exist.
(7)
The applicant has had a permit revoked in the last three years.
B.
The Clerk's disapproval and the reasons for disapproval shall be
noted on the application, and the applicant shall be notified that
his/her application is disapproved and that no permit will be issued.
Notice shall be mailed to the applicant at the address shown on the
application form, or at the applicant's last known address.
Any permit issued under this article may be revoked or suspended
by the Chief of Police, his designee or the City Clerk after notice
and hearing, for any of the following reasons:
A.
Fraud, misrepresentation or false statement contained in the application
for a permit;
B.
Fraud, misrepresentation or false statement made by the permittee
in the course of conducting peddling activities;
C.
Conducting peddling activities contrary to the provisions in the
permit;
D.
Conviction for any crime involving moral turpitude; or
E.
Conducting peddling activities in such a manner as to create a public
nuisance constitute a breach of the peace or endanger the health,
safety or general welfare of the public.
No person shall request a donation of money or thing of value
or solicit or peddle in an aggressive manner, to be defined as follows:
A.
Intentionally or recklessly making physical contact with or touching
another person in the course of the solicitation without consent.
B.
Following the person being solicited if that conduct is reasonably
likely to intimidate the person being solicited or put the person
in fear of harm or a criminal act.
C.
Continuing to solicit within five feet of the person being solicited
after that person has made a negative response and has asked the solicitor
to discontinue.
D.
Intentionally or recklessly blocking the safe or free passage of
the person being solicited whether on foot, or in a vehicle, or other
means of transportation.
E.
Using obscene or abusive language or gestures while soliciting a
person.
F.
Soliciting within 15 feet of a bank, or automated teller machine,
during hours of business or operation, without the expressed consent
of the owner of the property.
If the applicant for a peddler's, solicitor's or vendor's license
uses scales or measures in his business, he shall also file with his
application for a license a certificate issued by the Rensselaer County
Sealer of Weights and Measures that his scales or measures have been
tested and sealed.
A.
Religious, charitable, educational and not-for-profit organizations,
political associations and the Rensselaer City School District shall
be exempt from the provisions of this chapter.
B.
The provisions of §§ 136-2 to 136-8, inclusive, of this chapter shall not apply to the peddling of farm produce by persons who produce such commodities. This exemption shall apply only to natural persons and shall not be construed to include farmers or other persons who buy goods for resale, as well as selling their own produce, or to any helper or employee of such exempt person.
It shall be unlawful for any solicitor or peddler, either licensed
or unlicensed, to enter any privately owned building for the purpose
of selling merchandise without receiving a request by the owner or
lessee of that property inviting the peddler or solicitor to enter
upon that building for the purpose of making a sale.
It shall be the duty of any police officer of the City of Rensselaer
to:
A.
Licenses issued under the provisions of this chapter may be revoked
by the Chief of Police, his designee or the City Clerk of the City
of Rensselaer after notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for a license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as a peddler or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of peddling in an unlawful manner or in such
a manner as to constitute a menace to the health, safety or general
welfare of the public.
B.
Notice of a hearing for revocation of a license shall be given in
writing, setting forth specifically the grounds of the complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for hearing.
C.
The City Clerk, upon receiving information giving him reasonable
cause to believe that the holder of any license issued hereunder has
violated any provisions of this chapter or has been convicted of any
violation referred to in this section or indicted or charged with
or for any crime or offense or has been convicted of any crime or
offense, may forthwith temporarily suspend such license until a hearing
is held by him as provided herein and the City Clerk shall have issued
his determination thereon.
D.
The Chief of Police or his designee may deny a license based on causes
or creation of a problem or interference with the general public,
any event or other vendors.
Any person aggrieved by the action of the Police Department or the City Clerk in the denial of the application for license as provided in § 136-10 of this chapter or in the decision of City Clerk with reference to this revocation of a license as provided in § 136-17 of this chapter shall have the right to appeal to the Common Council of the City of Rensselaer. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds of such appeal. The Common Council shall set a time and place for a hearing or such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Common Council on such appeal shall be final and conclusive.
Any person committing an offense against any provision of this
chapter shall be guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both
such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
As used in this article, the following terms shall have the
meanings indicated:
Fruits, vegetables, farm products or provisions, dairy products,
fish, game, poultry, meat, plants, flowers, appliances, wearing apparel,
jewelry, ornaments, artwork, cosmetics and beauty aids, health products,
medicines, household needs, or furnishings, food of any kind, whether
or not for immediate consumption, confections, or drinks.
Any vehicle used for displaying, storing, or transporting
articles for sale by a vendor which is required to be licensed and
registered by the state clerk of motor vehicles of any state.
All City-owned parks and City-owned property within street
rights-of-way, including any roadways and sidewalks.
All areas legally open to public use such as public streets,
sidewalks, roadways, highways, parkways, alleys, parks, as well as
the area surrounding and immediately adjacent to public buildings.
Any wheeled vehicle approved by the Clerk in accordance with
this article designed for carrying property and for being pushed by
a person without the assistance of a motor or motor vehicle.
All that area legally open to public use as a pedestrian
public way between the curbline and the legal building line of the
abutting property.
Any occasion, including but not limited to fairs, shows,
exhibitions, Citywide celebrations, and festivals taking place within
a specifically defined area of the municipality for a period of time
not to exceed three days.
Any showcase, table, bench, rack, handcart, pushcart, stall
or any other fixture or device that is used for the purpose of displaying,
exhibiting, carrying, transporting, storing, selling or offering for
sale any food, beverages, goods, wares or merchandise upon a sidewalk.
All that area legally open to public streets, and sidewalks,
roadways, highways, parkways, alleys and any other public way.
Every device in, upon, or by which a person or property may
be transported or drawn upon a street or sidewalk, including, but
not limited to, devices moved by human power.
Any person, traveling by foot, wagon, vehicle or any other
type of conveyance from street to street carrying, conveying, or transporting
goods, wares or merchandise and offering and exposing them for sale,
or making sales and delivering articles to purchasers; or who, without
traveling from place to place, exhibits, displays, sells or offers
for sale such products from a wagon, handcart, pushcart, motor vehicle,
conveyance or displays, sells or offers for sale such products from
a wagon, handcart, pushcart, motor vehicle, conveyance or from his
person while on the public ways of the City; includes any street vendor,
hawker, huckster, itinerant merchant or transient vendor. This definition
does not include a door-to-door peddler or solicitor, nor does this
definition include a "sidewalk sale" of an established business, nor
a "garage sale," "lawn sale," nor "estate sale," as they are commonly
known, at a private residence.
It shall be unlawful for any person to engage in the business
of vending unless he has first obtained a license from the City Clerk.
All licenses shall be issued according to regulations established
by the Common Council.
The application for a vending license shall contain, at a minimum,
the following:
A.
The applicant's full name, current address, telephone number, social
security number and proof of identity in the form of appropriate photo
identification such as a driver's license or passport, a photocopy
of which shall be retained, together with two unmounted, unaltered
photographs of himself/herself in such position as to show the head
and shoulders of the applicant in a clear and distinguished manner.
Photographs shall have been taken within 60 days preceding the filing
of his/her application, and shall measure two inches by two inches.
B.
A brief description of the nature, character and quality of goods,
wares or merchandise to be offered for sale.
C.
The specific location, if any, at which the vendor intends to conduct
business.
D.
If the applicant is employed by another, the name and address of
the person, firm, association, organization, company or corporation.
E.
If a motor vehicle is to be used, a description of the vehicle, together
with the motor vehicle registration number and license number.
F.
A complete listing of any other licenses or permits issued to the
applicant by the municipality within the five years immediately preceding
the date of the application.
G.
A statement as to whether or not the applicant has been convicted
of a felony, misdemeanor, or local law violation, the nature of the
offense or violation, the penalty or punishment imposed, the date
when and place where such offense occurred, and other pertinent details
thereof.
H.
The City of Rensselaer may require a criminal history of the applicant
via fingerprint submission every three years at the cost of the applicant.
If the applicant wishes to utilize a City park or other facility,
the applicant may, in the discretion of the Youth Director, be required
to fill out and execute a use of municipal facilities form and provide
proof of applicable insurance. Having a City vendors permit does not
automatically entitle a vendor to go into a sponsored event unless
he/she has permission from the organization to be there.
A.
Applications for a license required by this article, with photographs
attached, shall forthwith be sent to the Chief of Police or his designee
if not already in his possession.
B.
The applicant shall be notified in writing by the City Clerk of the decision to issue or deny the vending license not later than 10 days after the applicant has filed a completed application, or as soon as practicable. The reasons for denial set forth in § 136-10B of this chapter shall apply to this section unless otherwise superseded by this article.
C.
Upon satisfactory fulfillment of the requirements of this article,
there shall be issued to the applicant, by the Clerk, a license which
shall be in such form as to contain a photograph and signature of
the licensee.
D.
Each license shall show the vendor license number, name of the vendor,
address, signature, type of vehicle, vehicle plate number, date of
issue and expiration date of permit.
Having a vendors permit from the City of Rensselaer does not
automatically entitle a vendor to go into a privately sponsored event
in Riverfront Park or any other park in the City.
A.
Any vendor
granted a license under this article shall pay an annual license fee
of $100 for a period of one year.
B.
Any vendor
may apply for a one-day permit for special events and pay a special
permit fee of $50. All provisions of this chapter shall apply to the
recipient of the one-day permit.
[Added 6-20-2018 by L.L. No. 6-2018]
All vendors shall assure that a current and correct name, residence
address and mailing address are on file with the City Clerk. Whenever
either the name or address provided by a licensed vendor on his application
for a vending license changes, the licensee shall notify the City
Clerk's office in writing within 10 days of such change and provide
the same with the name change or address change.
Vendors shall be allowed to engage in the business of vending
only between the hours of 9:00 a.m. and 9:00 p.m. unless given special
permission for special events. No vending station, conveyance or other
item related to the operation of a vending business shall be located
on any City sidewalk or other public way during nonvending hours;
nor shall any vehicle be parked, stored or left overnight other than
in a lawful parking place.
Vendors shall keep the sidewalks, roadways and other spaces
adjacent to their vending sites or locations clean and free of paper,
peelings and refuse of any kind generated from the operation of their
businesses. All trash or debris accumulating within 10 feet of any
vending stand shall be collected by the vendor and deposited in a
trash container.
No vendor shall be permitted to operate in the following areas
of public space:
A.
Within five feet of any street intersection or pedestrian crosswalk.
B.
Within 10 feet of any driveway, loading zone or bus stop.
C.
Within 20 feet of another vending location assigned to another vendor
on a public sidewalk.
D.
Within a minimum of five feet of unobstructed pedestrian space.
E.
In any area within 10 feet of a building entrance or exit.
F.
On the median strip of a divided roadway.
G.
Against display windows of fixed-location businesses.
H.
Any area within 50 feet of a school.
I.
Within 30 feet of any fire hydrant or fire escape.
J.
Within 15 feet of any parking space or access ramp designated for
persons with disabilities.
K.
Within 1,000 feet of the Walter S. Pratt Memorial Playground (Baby
Pool) on East Street.
No person authorized to engage in the business of vending under
this article shall do any of the following:
A.
Unduly obstruct pedestrian or motor vehicle traffic flow, except
for up to 15 minutes to load or unload vending stations and/or vending
merchandise.
B.
Obstruct traffic signals or regulatory signs.
C.
Stop, stand or park any vehicle, pushcart or any other conveyance
upon any street for the purpose of selling during the hours when parking,
stopping and standing have been prohibited by signs or curb markings.
D.
Leave any conveyance unattended at any time or store, park, or leave
such conveyance in a public space overnight.
E.
Use any conveyance that, when fully loaded with merchandise, cannot
be easily moved and maintained under control by the licensee, his
employee, or an attendant.
F.
Sound any device that produces a loud and raucous noise or operate
any loudspeaker, public address system, radio, sound amplifier, or
similar device to attract public attention, or otherwise violate applicable
noise restrictions in this City Code.
G.
Conduct his business in such a way as would restrict or interfere
with the ingress to or egress from the abutting property owner or
tenant, create a nuisance, increase traffic congestion or delay, constitute
a hazard to traffic, life or property, or obstruct adequate access
to emergency and sanitation vehicles.
A.
In addition to the penalties contained in this article, a license
issued pursuant hereto may be suspended for:
(1)
Fraud, misrepresentation or knowingly false statement contained in
the application for the license.
(2)
Fraud, misrepresentation or knowingly false statement in the course
of carrying on the business of vending.
(3)
Conducting the business of vending in such a manner as to create
a public nuisance, cause a breach of the peace, constitute a danger
to the public health, safety, welfare or morals, or interfere with
the rights of abutting property owners.
(4)
Conducting the business of vending in any manner contrary to the
condition of the license.
(5)
Cancellation of health authorization for a food or beverage vending
unit due to uncorrected health or sanitation violations.
B.
The City Clerk shall provide written notice of the suspension or
revocation in a brief statement setting forth the complaint, the grounds
for suspension or revocation, and notifying the licensee or permittee
of his right to appeal. Such notice shall be mailed to the address
shown on the license holder's application by certified mail, return
receipt requested.
C.
If the Chief of Police, his designee or the City Clerk revokes a
vending license or permit, the fee already paid for the license or
permit shall be forfeited. A person whose license or permit has been
revoked under this section may not apply for a new license for a period
of one year from the effective date of revocation.
If the Chief of Police, his designee or 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 Chief of Police's, his designee's or the City Clerk's decision to the Common Council following the same procedures as set forth in § 136-18 of this chapter.
A vending license may be renewed, provided an application for
renewal and license fees are received no later than the expiration
date of the current license. Any application received after that date
shall be processed as a new application. The Chief of Police, or his
designee, and the City Clerk shall review each application for renewal
and, upon determining that the applicant is in full compliance with
the provisions of this article, shall issue a new license.
Violation of any of the provisions of this article shall, upon
conviction, be punishable by a fine up to $250 and/or 15 days in jail.
No part of this article or the article itself shall be construed
to be an amplification or derogation of the rights or responsibilities
of abutting property owners. Any remedies rights or obligations provided
to such property owners or their successors in interest under the
law of real property or the laws of the State of New York shall be
in addition to the remedies, rights, obligations or penalties provided
hereunder.
