[Adopted 9-23-2013 by L.L. No. 2-2013]
As used in this article, the following terms shall have the
meanings indicated:
One conducted in a store, hotel, house, building, motor vehicle,
tent, railroad boxcar or boat or on any street, alley or other place
for the sale of goods, wares, or merchandise and which is intended
to be conducted for a temporary period of time and not permanently.
If the place in which the business is conducted is rented or leased
for a period of six months or less, such fact shall be presumptive
evidence that the business named or carried on therein is a "transient
business."
This article shall not be held to apply to any of the following:
A.
Door-to-door sales by civic groups, churches, Girl or Boy Scouts,
Rotary Clubs, Lions Clubs, and like civic-minded groups;
B.
Events promoted by the Medina Tourism Committee or other nonprofit
groups;
C.
Persons who sell Avon products, Tupperware, Mary Kay cosmetics and
like groups that conduct sales of wares in residences with permission
of the owner thereof;
D.
Sales conducted pursuant to local statute or otherwise regulated
pursuant to the Village of Medina Code;
E.
Sales conducted pursuant to the order by any court;
F.
The Medina Farmer's Market;
G.
Sale of fruits and vegetables raised on the property where being
sold or raised locally to the Medina area;
H.
Persons soliciting, collecting or offering a sale on behalf of any
bona fide charitable, educational, scientific, health, religious,
patriotic or other organization of worthy cause to be in the public
interest; and
I.
Any persons selling personal property at a garage sale held lawfully
at his/her residence.
It shall be unlawful for any person, firm or corporation to
conduct or operate or permit to be conducted or operated a transient
business within the Village of Medina without first obtaining, at
least 10 days prior to the event, a license from the Village Police
Department of the Village of Medina. All licenses shall be nontransferable.
The transient merchant shall exhibit the same at any time upon demand
by the Village Police Department or any other officer of the Village
designated by the Village. Said license shall be obtained in full
at least 10 days before the first operation of the transient business.
The fee for the license required by this article shall be as
determined by the Village of Medina Board of Trustees.
Any vendor carrying, keeping or using scales, measures or other
appliances for weighing or measuring shall first have the same inspected
by the County Sealer of Weights and Measures; and if the latter shall
find such appliances correct and true, he shall issue his certificate
to that effect, and such certificate shall be affixed thereto in a
conspicuous place. A vendor shall not carry, keep for use or use any
such appliances which shall not be correct and true and do not give
a record and give the weight and quantity claimed by said vendor.
Pursuant to the authority granted by § 85-a of the
General Municipal Law, a tax is hereby levied upon all persons now
conducting or who may hereafter conduct a transient business within
the Village.
The tax imposed pursuant to this article herein shall be based
upon the gross amount of sales by the transient merchant and shall
be at the same rate as real property is taxed for the year in the
Village; provided, however, that if at the time such tax becomes due
and payable the tax rate for the current year of the Village has not
been fixed, the same shall be the rate for the immediately prior year.
No person shall conduct a transient business within the Village
until he shall have obtained a license, in writing, to conduct such
business from the Village Clerk/Treasurer and shall have deposited
with the Village Clerk/Treasurer the sum of $500 in cash as security
for the payment of the tax imposed by this article. Upon the filing
with the Village Clerk/Treasurer of satisfactory proof that the business
so making such deposit has discontinued such transient business, the
Village Clerk/Treasurer shall return said cash deposit or so much
thereof as shall remain in the Village Clerk/Treasurer's hands
after deducting all sums due the Village under the provisions of this
article. In the event that reports are not filed, such deposit shall
be forfeited, and no further license shall be issued to the applicant
until said reports are filed.
The application for the license shall include a statement verified
by the person or persons who are to conduct such transient business
and, if a corporation, by the president and treasurer thereof, containing
the following information:
A.
The full name and address of each of such persons and, if a corporation,
the state under the laws of which it is organized, the exact location
of its principal office and place of business and the names and addresses
of its officers.
B.
The exact location and nature of the business engaged in by such
persons 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 the Village where such transient business
is to be conducted.
D.
The date on which such person intends to begin doing such business
within the Village.
E.
The sales tax number issued to the applicant by the New York State
Department of Taxation and Finance.
F.
A brief description of the firm and the kind of goods or commodities
that the applicant desires to sell.
No person shall conduct a transient business within the Village at any place other than that named in the statement filed in the office of the Village Clerk/Treasurer pursuant to § 178-21 herein.
In the event that any person fails to begin the conduct of any transient business at the place specified in the statement filed pursuant to § 178-21 within 90 days after the filing of such statement, such person shall not thereafter conduct any such transient business within the Village until a new license application, duly verified and containing the information set forth in said section, and a new security deposit have been filed with the Village Clerk/Treasurer and a new license has been issued.
The Village Clerk/Treasurer, Village Police Department, or any
officer, investigator, or other person designated by the Village for
such purpose shall have the power and authority to enter any store
or building, structure or location in which a transient business may
be carried on at any time during business hours for the purpose of
ascertaining the amount of stock or merchandise therein or sales made
and shall at all times have access to the books of such transient
merchant, and may issue appearance tickets for violations of the law.
Every person conducting such transient business shall, on Monday
of each week, present or mail to the Village Clerk/Treasurer at the
Village Office a verified statement showing the total sales made during
the preceding week and the amount of stock or merchandise in his possession
for sale at the closing of business on the preceding Saturday and
shall pay on Monday of each week, in person or by mail, to the Village
Clerk/Treasurer the amount of tax as hereinbefore provided for sales
made during said previous week.
A transient merchant shall not conduct activities in such a
manner as will interfere with a pedestrian or vehicular use of the
public streets and places; nor shall be directly or indirectly cause
or permit the public streets and places to be littered with papers,
wrappings or other debris or refuse; nor shall be enter in or upon
any house or building or on any land or property where there is posted
on the front of the building or premises a written notice stating
that vendors are not desired, unless the vendor has received the prior
consent of the occupant thereof; and he shall make no false statements
or representations in the course of his activities and shall conduct
himself at all times in an orderly and lawful manner; nor shall be
use or blow upon or ring or sound any instrument or thing or shout
or cry out for the purpose of attracting attention to his wares or
giving notice of his approach; nor shall be sell any confectionery
or ice cream within 250 feet of any school property between the hours
of 8:00 a.m. and 4:00 p.m. on any school days.
Any license may be revoked by the Village Clerk/Treasurer, Village
Police Department, or any other officer, investigator, or other person
designated by the Village, if the holder fails to comply with any
of the sections contained in this article herein, or if it is found
that the holder has made a false statement in its application.
A.
Criminal penalty. Any person who violates any provision of this article
shall, upon conviction thereof, be subject to a fine not to exceed
$250 or to imprisonment for a term not to exceed 15 days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed as well as by prosecution of the offender as provided in Subsection A of this section or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this article.
(2)
Neither a judgment in nor the pendency of a criminal prosecution
for an alleged violation of the provisions of this article nor a judgment
in or the pendency of a civil action of law or in equity shall be
a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this article shall
not excuse the violation or permit it to continue, and the remedies
herein provided for penalties and civil action to enjoin or abate
a violation shall be cumulative.
The purpose of this article is to assist in the government of
the Village, the management of the business, the preservation of good
and order and the peace, health, safety and welfare of its inhabitants
and the protection and the security of their property.
