[HISTORY: Adopted by the Town Board of the Town of Clifton Park 9-6-1988
by L.L. No. 18-1988. Amendments noted where applicable.]
[Amended 11-13-2006 by L.L. No. 19-2006]
This chapter is enacted for the purpose of regulating the conduct and
business practices of transient merchants within the Town of Clifton Park
in order to protect the health, welfare and safety of the Town’s residents
and visitors. It is also enacted to require conformity with the Town’s
Comprehensive Plan and Zoning and Sign Laws so that the community’s
land use and planning goals are not unduly interfered with or defeated by
unregulated enterprises.
As used in this chapter, the following terms shall have meanings indicated:
An individual, firm, partnership, corporation, voluntary association,
incorporated association and principal or agent thereof.
A retail or wholesale business conducted in a temporary structure
or tent; from a truck, van or trailer; on a parking lot or vacant parcel of
land; on a part of public right-of-way; or in any other place for a temporary
period of time. Lack of a rental or leasing agreement of three months or more
duration, sealed by monetary consideration, shall be presumptive of a temporary
situation. The type of merchandise being offered for sale will have no bearing
on the designation.
The purpose of this chapter is to assist the government of the Town
of Clifton Park, the management of its business, the preservation of good
order and the peace, health, safety and welfare of its inhabitants and the
protection and security of their property.
A.
No person shall engage in business as a transient merchant
unless he shall first have obtained a license to do so from the Town Clerk
no later than two business days before the first date of business.
B.
The fee for a transient merchant's license shall be at
the rate of $300 per day.
[Amended 11-13-2006 by L.L. No. 19-2006]
C.
Persons soliciting, collecting or operating a sale on behalf
of any bona fide charitable, educational, scientific, health, religious or
patriotic not-for-profit organization shall not be required to pay a fee or
provide a bond for a transient merchant license but must complete and be approved
for a license as otherwise provided herein.
[Added 11-13-2006 by L.L. No. 19-2006]
D.
Each applicant for a transient merchant license shall be limited
to one license per calendar year. The maximum licensing period for a transient
merchant license shall be seven days per calendar year per applicant.
[Added 11-13-2006 by L.L. No. 19-2006]
An application for a transient merchant's license shall provide the
following information:
A.
The address of the applicant's residence.
B.
The firm or firms represented, together with copies of
documents establishing the firm's state or county, form of organization, ownership
and qualifications to do business in the state and the exact relationship
between the firm and the transient merchant.
C.
A brief description of the firm and kind of goods or
commodities he desires to sell.
D.
The hotel, room or other location where the applicant
proposes to sell such merchandise, and the time during which said business
is to be conducted.
E.
Bond or certified funds. Before any license authorized herein
shall be issued, the applicant shall file with the Town Clerk proof of a bond
executed by a surety company or insurance company licensed to do business
in the State of New York or an irrevocable one-year letter of credit issued
by a licensed banking institution in the sum of $10,000 for the purposes of
saving harmless the citizens of the Town of Clifton Park from any and all
damages which may be incurred by said citizens as a result of false or fraudulent
unlawful sales practices by any person licensed hereunder. In lieu of the
foregoing bond or irrevocable letter of credit, cash or certified funds in
the amount hereinbefore set forth shall be deposited with the Town Clerk.
Such funds shall be held for a period of one year from deposit. Interest earned
shall be the property of the applicant. The funds shall be used to satisfy
any judgment obtained in judicial proceedings for damages incurred by citizens
of the Town of Clifton Park as a result of false, fraudulent or unlawful sales
practices by any person licensed hereunder.
[Added 11-13-2006 by L.L. No. 19-2006]
This chapter shall not be held to apply to any of the following:
A.
Sales conducted pursuant to statute.
B.
Sales conducted pursuant to an order by any court.
[Amended 11-13-2006 by L.L. No. 19-2006[1]]
[1]
Editor's Note: Former Subsection C, regarding the sale of personal property at wholesale, former Subsection F, regarding sales on behalf of charities or other worthy organizations, and former Subsection H, concerning the sale of Christmas trees, were repealed 11-13-2006 by L.L. No. 19-2006. This local law also provided for the redesignation of former Subsections D, E and G as Subsections C, D and E, respectively.
C.
The sale of fruits and vegetables raised on the property
where being sold.
D.
Any honorably discharged member of the United States
Armed Forces who has procured a license under Article 4 of the General Business
Law of the State of New York.
E.
Garage sales and farmers' markets.
[Amended 11-13-2006 by L.L. No. 19-2006]
The Zoning Ordinance of the Town of Clifton Park[1] shall apply to all licenses granted under this chapter. The Town
reserves the right to revoke any license which violates such ordinance.
[Amended 11-13-2006 by L.L. No. 19-2006]
No owner or person in possession of real property in the Town of Clifton
Park shall allow said real property to be used for the purpose of conducting
transient retail business unless the transient merchant shall first have been
licensed as required by this chapter.
[Amended 4-6-1998 by L.L.
No. 2-1998; 5-2-2005 by L.L. No. 4-2005]
Any person found to have violated any of the provisions of this chapter
shall be guilty of a violation and, upon conviction thereof, shall be subject
to a fine not to exceed $500 or a term of imprisonment not to exceed 15 days,
or both such fine and imprisonment, and, further, shall be directed to obtain
a license pursuant to this chapter, paying the appropriate fee. Every day
that a violation of any provision of this chapter shall continue shall constitute
a separate and distinct offense.
No transient retail business shall be located or operated outdoors along
any of the following thoroughfares or within the specified radius of the identified
intersections, as these are deemed to be high-traffic areas which may present
a danger to the health or safety of motorists, cyclists or pedestrians:
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Route 9 from Kinns Road south to Route 146
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Route 146 west to Vischer Ferry Road and Route 146A
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Maxwell Road from Plank Road to Southside Drive
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Southside Drive
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Northside Drive
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Park Avenue
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Wall Street
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Old State Route 146
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Fire Road
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Clifton Country Road
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Clifton Park Center Road from Southside Drive to Clifton Country Road
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Vischer Ferry Road from Clifton Park Center Road to Route 146
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Crescent Road from Northway ramp to Moe Road (this includes Okte)
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Not within 500 feet of Moe Road and Grooms Road
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Not within 500 feet of Routes 146 and 146A
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Not within 500 feet of Longkill/Main/MacElroy/Hatlee
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Not within 500 feet of Ushers and Van Patten Drive
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Not within 500 feet of Route 146 and Balltown Road
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Not within 500 feet of Riverview and Balltown Roads
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