City of Saratoga Springs, NY
Saratoga County
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[HISTORY: Adopted by the City Council of the City of Saratoga Springs 1-21-1992; amended in its entirety 12-21-2004. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Handbills and posters — See Ch. 132.
Newsracks — See Ch. 145.
Noise — See Ch. 148.
Pawnbrokers — See Ch. 159.
Vehicles and traffic — See Ch. 225.

§ 165-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
OUTDOOR VENDOR DISPLAY
Includes racks, shelves, and other similar fixtures used to display goods, wares or merchandise, and shall also include devices of this type commonly known as "vendor carts" or "pushcarts." The terms shall also include booths, structures and motor vehicles used in the outdoor display of merchandise.
PERSON
Includes individuals, corporations, partnerships, associations, and all other legal entities, whether acting as principal or agent.
PUBLIC PLACE
A place to which the public or a substantial group of persons has access, but the term shall not mean the interior floor space of any building or store, exclusive of porches, patios, and other similar areas not enclosed by solid walls.
VENDOR
Includes, except as hereinafter expressly provided, any person, who, in any public street or public place, or by going from place to place, sells or trades in any goods, wares or merchandise, whether or not delivery is made or payment is collected at the time of sale. Persons who solicit orders by telephone shall not be considered vendors for purposes of this section.

§ 165-2 Exemptions.

Nothing in this chapter shall be held to apply to any of the following:
A. 
Sales conducted pursuant to statute or by order of any court.
B. 
Any person selling goods, wares or merchandise at wholesale to dealers in such articles.
C. 
Farmers and gardeners who sell or dispose of products of their farms and gardens, either from a place located on the property where such products are grown or produced, or from a farmers' market or other place designated by the City of Saratoga Springs for such a purpose.
D. 
Persons operating a sale on behalf of any charitable organization or not-for-profit corporation, as that term is defined in the Not-for-Profit Corporations Law, except that such persons shall be required to obtain a vendor license, at no cost and without bond, and shall be subject to all the restrictions set forth in § 165-8. The Commissioner of Accounts may, in his absolute discretion, refuse to issue a license to any such person or persons until they have satisfactorily demonstrated to the Commissioner that they qualify for this exemption. The Commissioner of Accounts may, in appropriate cases, waive the insurance and indemnification requirements of § 165-8G and H for such person or persons.
E. 
Any person selling his or her own personal property at a garage sale held at his or her private residence, provided that no such garage sale may be conducted for more than four days in a month.
[Amended 9-4-2012 by L.L. No. 2-2012]
F. 
Any person selling his or her own personal property at a garage sale held at his or her private residence.
G. 
Persons who sell milk, newspapers, books, or periodicals.

§ 165-3 License required.

It shall be unlawful for any person, within the corporate limits of the City of Saratoga Springs, to act as a vendor, as herein defined, without obtaining a license pursuant to this chapter.

§ 165-4 Application for license; bond.

A. 
Every person who wishes to obtain a license under this chapter shall make application to the Commissioner of Accounts on forms provided by the Commissioner. Two or more persons who wish to participate in a group vending activity may submit a single unified application. Each application shall state:
(1) 
The name, address and phone number of the applicant.
(2) 
If the applicant is an agent, the name, address and phone number of the person, firm, corporation or legal entity that he or she represents, and, the names, addresses and phone numbers of all vendors participating in the application.
(3) 
A detailed description of the goods, wares or merchandise that the applicant will sell or trade in, along with a description of any vehicles or devices to be used by the applicant.
(4) 
The area or areas within the City where the applicant proposes to conduct his or her activities.
(5) 
Any other information as may be required by the Commissioner of Accounts to properly and adequately review the application.
B. 
Such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
C. 
The Commissioner of Accounts shall have authority to require a bond for any applicant who applies for a license to sell goods, wares or merchandise by accepting payment in advance of delivery.
D. 
Applications for licenses under this chapter may be made between January 1 and December 31 in each and every year and shall be valid until December 31 of that year, unless a shorter period of validity shall be specified on the license by the Commissioner of Accounts.
E. 
The Commissioner of Accounts shall have authority to refer any application to the Saratoga Springs Police Department for the making of such investigation of the applicant as the Department deems necessary for the protection of the public good. A report of such investigation shall be made to the Commissioner of Accounts.
F. 
Each application shall be accompanied by two recent photographs of the applicant, or, if the applicant is not an individual, two photographs of the person who will be conducting the vending activities. In any case if more than one person will be conducting the vending activities, two photographs of each person must be submitted. All photographs must be of passport size and requirements.

§ 165-5 License.

A. 
Upon the completion of the foregoing requirements to the satisfaction of the Commissioner of Accounts and the Departments of Public Safety and Public Works, the Commissioner of Accounts shall issue the applicant a license. Except as hereinafter provided, no license shall be refused except for a stated reason as to why the application is not satisfactory.
B. 
The Commissioner of Accounts may, in the Commissioner's sole discretion, impose conditions upon the use of any license, including but not limited to the times of day, days of the week, and geographical limits within which the licensee may perform the activities permitted by the license.
C. 
A license shall not be assignable. Any holder of a license who permits it to be used by any other person and any person who uses a license granted to any other person shall each be guilty of a violation of this chapter.
D. 
Whenever a license shall be lost or destroyed on the part of the licensee or his or her agent or employee, a duplicate license, subject to all the terms and conditions of the original, may be issued by the Commissioner of Accounts upon the filing by the licensee of an affidavit setting forth the circumstances of the loss. The Commissioner of Accounts shall have authority to charge a fee of $25 for a replacement license.
E. 
Each license shall be assigned a number and shall indicate the licensee's name and address, the date of issue, the expiration date, the goods, wares or merchandise to be sold or traded in, the amount of the fee paid, and the vehicles or other devices used by the licensee.
F. 
All licenses shall expire on December 31 in the year issued, unless the Commissioner of Accounts has specified an earlier expiration date.
G. 
No license shall be issued to a person under 18 years of age.
H. 
No licensee who has had his or her license revoked shall make another application until a period of at least 12 months shall have elapsed since the revocation, unless he or she can demonstrate to the satisfaction of the Commissioner of Accounts good cause for the earlier submittal of an application.

§ 165-6 License fees.

A. 
For all licenses, except those given under written agreement pursuant to § 165-69B, the license fees shall be as follows:
License for Fee
Vendors, food or nonfood sales from fixed stands or other similar established location $250
Vendors, food or nonfood sales from, trailers, or other mobile devices $250
Vendors, food or nonfood sales from outdoor vendor displays as per § 165-9 $65
Vendors, all other $250
Veterans licensed by Saratoga County under Article 4 of the General Business Law No fee
B. 
A person 70 years of age or older may make application to waive the fee for any license required by this chapter, and the Commissioner of Accounts shall grant such waiver upon the applicant's submitting satisfactory proof of age. Such waiver shall be rescinded if at any time the applicant shall cease to be the sole person engaged in the licensed activity.

§ 165-7 Revocation of license.

The Commissioner of Accounts may, upon due notice, revoke or suspend any license issued for a violation of any of the provisions of this chapter or for any other act or omission that demonstrates the licensee's inability to safely and properly conduct the licensed activity. When a license shall be revoked or suspended, no refund of any portion of the license fee shall be made. Notice of such revocation or suspension and the reason or reasons therefor in writing shall be served by the Commissioner of Accounts upon the licensee or mailed to the licensee's address as stated on the application.

§ 165-8 Restrictions.

A licensed vendor shall:
A. 
Not falsely or fraudulently misrepresent any article or articles offered for sale or offer for sale any unwholesome, tainted or contaminated goods, wares, or merchandise.
B. 
Permit the City Health Officer to inspect any equipment used or foods offered for sale at any time.
C. 
Horns and bells.
(1) 
Not blow a horn, ring a bell or use any other noisemaking device to attract public attention, or shout or cry out to attract attention, except under the following circumstances:
(a) 
When required to do so by the New York State Vehicle and Traffic Law, or by other applicable law.
(b) 
When actually operating a motor vehicle for the purpose of selling food.
(2) 
For purposes of this subsection, noise made by such a licensee shall not be continuous and uninterrupted, nor shall it be of a type that a reasonable person, under the circumstances, would not tolerate.
D. 
Not permit any automobile or other vehicle used by him or her to stop or remain on any crosswalk.
E. 
Not position himself or herself nor place any object in such a manner so as to obstruct any street, sidewalk or public place and shall keep the area within 10 feet of his or her vending operation clean and free from debris.
F. 
Not purchase any gold, silver or other precious metals or jewelry or antiques, objects of art, collectibles, or other articles without obtaining the name and address of the seller or sellers and without permitting the City Police Department to inspect the articles purchased and the names and addresses of the seller or sellers at any time.
G. 
Have in full force and effect a commercial general liability insurance policy, including personal injury liability insurance, and completed products and operations insurance, in the amount of $1,000,000 per occurrence aggregate. The City shall be included as an additional insured on said insurance solely for the permit process.
H. 
Provide proof of statutory workers compensation and employers liability insurance for all employees, or a waiver of same as permitted by law.
I. 
If an automobile is used in the vending activity, have in full force and effect combined single limit automobile insurance for all owned and nonowned vehicles used.
J. 
Execute a hold harmless agreement, in a form satisfactory to the City, by which the applicant shall indemnify and save harmless the City and its agents and employees from and against all claims, damages, loss and expense (including but not limited to attorneys fees), arising out of or resulting from the licensed activity, sustained by any person or persons, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property caused by the tortious act or negligent act or omission of the applicant, or the applicant's employees, agents or subcontractors.
K. 
Not occupy, obstruct or in any way interfere with the normal public use of any bench or other structure established by the City for public use.
L. 
Comply with any requirements or regulations promulgated either by the Commissioner of Accounts or the Commissioner of Public Safety. It shall be the responsibility of the licensee to obtain information about any such standards from the Department of Accounts.
M. 
Display his or her photo license prominently at all times while engaging in the licensed activity.
N. 
Not sell from a motor vehicle or other vehicle or trailer anywhere in the T-6 Downtown Business District, except as may be allowed under a special event permit issued under Chapter 69 of the City Code.

§ 165-9 Outdoor vendor displays and other similar devices.

In addition to and not in limitation of the other provisions of this chapter, it shall be lawful for vendors to operate an outdoor vendor display under the circumstances described in this section, and under no other circumstances. Nothing in this section shall be construed so as to limit the provisions of City Code § 203-5, relative to the placement of goods, wares, and merchandise within 30 inches of a building.
A. 
Outdoor vendor displays in the T-6 Downtown Business District.
(1) 
Any person, firm, corporation or other legal entity who lawfully operates in the T-6 Central Business District a business at a fixed location for the sale at retail of food, goods, wares and/or merchandise may make application in the manner herein provided for a permit to operate an outdoor vendor display on any sidewalk adjacent to his or her place of business. All requirements established by this subsection shall be in addition to and not in limitation of the other requirements imposed by this chapter.
(2) 
Each applicant for a permit under this subsection shall submit an application to the Department of Accounts. The application shall contain the following information:
(a) 
A copy of the applicant's state license or licenses to sell food, goods, wares and/or merchandise at retail, and a copy of the applicant's sales tax certificate.
(b) 
A detailed drawing or photograph of the proposed display, showing its dimensions, colors, and the materials of which it is to be constructed.
(c) 
A sketch plan showing the placement of the proposed display relative to the building, and relative to all sidewalks, curbs, awnings and landmarks adjacent to the building. The plan shall also include the location of all trees, flower beds, and plantings on the property.
(d) 
An inventory list of all items to be sold from the display.
(e) 
Drawings or examples of all signs, lettering, symbols and logos to be used on the proposed display.
(f) 
Any other information that the Commissioner of Accounts shall deem necessary in the public interest.
(3) 
The application submitted to the Department of Accounts shall be referred to the Department of Public Works, the Department of Public Safety and the Design Review Commission for comments and recommendations. The Commissioner of Public Works and the Commissioner of Public Safety shall have authority to impose such restrictions or modifications upon any application that will, in their judgment, be necessary in the interest of public health, safety and welfare.
(4) 
Upon the completion of all reviews by the Department of Public Works, the Department of Public Safety and the Design Review Commission, the Commissioner of Accounts shall have the authority to issue a permit for the proposed display, together with any restrictions or modifications imposed. Such permit shall be valid until October 31 in the calendar year in which it is issued. Before the issuance of the permit, the applicant shall provide the following to the Commissioner of Accounts:
(a) 
An agreement by the applicant to repair, at the applicant's expense, any damage caused to the sidewalk or public property by the operation of the display. The Commissioner may require a bond, in an amount to be fixed by the Commissioner, to be filed by the applicant.
(b) 
Have in full force and effect a commercial general liability insurance policy, including personal injury liability insurance, and completed products and operations insurance, in the amount of $1,000,000 per occurrence aggregate. The City shall be included as an additional insured on said insurance solely for the permit process.
(c) 
Provide proof of statutory workers compensation and employers liability insurance for all employees, or a waiver of same as permitted by law.
(d) 
If an automobile is used in the vending activity, proof that the applicant has in full force and effect combined single limit automobile insurance for all owned and nonowned vehicles used.
(e) 
Execute a hold harmless agreement, in a form satisfactory to the City, by which the applicant shall indemnify and save harmless the City and its agents and employees from and against all claims, damages, loss and expense (including but not limited to attorneys fees), arising out of or resulting from the licensed activity, sustained by any person or persons, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property caused by the tortious act or negligent act or omission of the applicant, or the applicant's employees, agents or subcontractors.
(f) 
If food is to be sold from the display, proof that the applicant has been issued all applicable licenses.
(5) 
A vendor authorized to operate a display under this subsection shall:
(a) 
Comply with all plans, restrictions and modifications imposed by this subsection and by the Commissioner of Public Works, the Commissioner of Public Safety and the Design Review Commission.
(b) 
Not sell or give away any alcoholic beverages at any display.
(c) 
Not sell or give away any food, goods, wares or merchandise that has not been specifically listed and described in the inventory list submitted with the application.
(d) 
Not play music or call out in any manner to attract attention to the display.
(e) 
Not construct the display sooner than April 1, and shall remove the display no later than October 31, in any year for which a permit is granted.
(f) 
Comply with all other provisions of this chapter and all other chapters of the City Code.
(6) 
The Commissioner of Accounts is hereby authorized to further regulate the operation of outdoor vendor displays through the promulgation of appropriate rules, regulations and specifications in the public interest.
(7) 
Upon a finding by the Commissioner of Accounts that a permit holder under this subsection has violated any of the provisions of this subsection, the Commissioner shall give written notice to correct said violation within 24 hours of the issuance of said notice. Upon failure to correct said violation within 24 hours, the Commissioner may revoke or suspend the permit. The Commissioner shall have the authority to give an applicant reasonable time to correct a violation of this subsection.
B. 
Outdoor vendor displays outside the T-6 Central Business District. In addition to and not in limitation of the other provisions of this chapter, the City Council shall have the authority to establish, from time to time, designated fixed locations in the City for the operation of outdoor vendor displays, except that this authority shall not extend to anywhere in the T-6 Central Business District, to any area where a special event permitted under Chapter 69 of the City Code is being conducted, to any area designated by the City Council as a farmers' market, or to Congress Park. Outdoor vendor displays on Frank Sullivan Place, Wright Street, Union Avenue, East Avenue, or any street or public way adjacent to the property on which the Saratoga Race Course is located may be established only upon a four-fifths vote of the Council. The Council shall establish any such fixed location or locations as follows:
(1) 
The Council shall establish, or cause to be established, a specific location for each display, and shall create a map or diagram showing each display's location in relation to buildings, streets, sidewalks, crosswalks, driveways, traffic signals, public utilities and public ways.
(2) 
The Council shall create, or cause to be created, specifications for the operation of each display. Such specifications shall include but not be limited to:
(a) 
The design of the display.
(b) 
The materials of which the display is made.
(c) 
The size and dimensions of the display.
(d) 
The signage, graphics and lettering, if any, displayed on the display.
(e) 
The goods, wares, merchandise and/or services to be sold at the display.
(f) 
The hours of operation for the display.
(g) 
The insurance that the vendor shall be required to maintain while operating the display.
(h) 
The licensing required for the display and/or the vendor, including City, state and federal licenses where applicable.
(i) 
The approval requirements from City departments and/or agencies, including the Design Review Commission, where applicable.
(j) 
Any other requirements that the City Council shall deem necessary in the public interest.
(3) 
Upon the adoption, by resolution, of display locations and specifications, the Council shall advertise for proposals from vendors to operate each display. Advertisements for proposals shall be published in the official newspaper and shall state a time by which proposals shall be opened and made available for public inspection.
(4) 
The Council shall review all proposals and may designate any officer, employee, or committee to provide advice and recommendations during the review process. Thereafter, the Council may reject all proposals or may award one or more vendor display locations to responsible vendors whose proposals meet the established specifications.
(5) 
A vendor who has been awarded one or more vendor display locations shall enter into a written agreement with the City. Said agreement shall incorporate all requirements established in the specifications, and shall establish the fee to be paid.

§ 165-10 (Reserved)

§ 165-11 Orders.

All orders taken by licensees who accept payment in full or in part prior to delivery shall be in writing, stating the terms of the sale and the amount paid in advance, and one copy shall be given to the purchaser at the time of the order.

§ 165-12 Records.

A. 
It shall be the duty of the Commissioner of Accounts to keep a record of all applications and all licenses granted under the provisions of this chapter, giving the number and date of each license, the name and address of the licensee, the amount of the license fee paid and also the date of revocation of all licenses revoked.
B. 
It shall be the duty of any vendor who deals in any goods, the sale of which shall not be exempt from sales tax, to keep records adequate for the Commissioner of Accounts to determine what sales taxes were incurred and paid.

§ 165-13 Application of Zoning Ordinance.

Nothing in this chapter shall be construed as granting the Commissioner of Accounts any power to confer rights upon license holders to do or perform any activity in contravention of any duly adopted zoning regulations or ordinance in effect in the City of Saratoga Springs. It shall be the responsibility of the licensee to determine if his or her activity complies with the applicable zoning ordinances.

§ 165-14 Review Committee.

The Commissioner of Accounts shall cause the provisions of this chapter to be reviewed each year, during the month of September, by a committee that shall report its conclusions to the Commissioner. Said committee shall include representatives from the Departments of Accounts, Public Works and Public Safety, and the City Attorney's office. The Commissioner shall also encourage participation on said committee by representatives of business organizations, including but not limited to the Chamber of Commerce, the Downtown Business Association, the Saratoga Convention and Tourism Bureau, and the Downtown Special Assessment District. Nothing in this section shall be construed so as to prohibit the Commissioner from reviewing the provisions of this chapter more frequently, in the Commissioner's discretion.

§ 165-15 Enforcement.

The Police Department and the Department of Code Administration are hereby authorized to enforce the provisions of this chapter, and are further authorized to issue appearance tickets for violations thereof.

§ 165-16 Penalties for offenses.

Any person who, by himself or herself or by an agent or employee, shall act as a vendor as herein defined, without a license, or who shall violate any of the provisions of this chapter, or who, having had a license revoked or suspended, shall continue to act as a vendor, shall, upon conviction, be subject to the penalties set forth in Chapter 1, General Provisions, Article III, of the Code.