[Adopted 6-2-1982 by L.L. No. 3-1982;
amended in its entirety 10-4-1989 by L.L. No. 11-1989]
[Amended 1-16-2002 by L.L. No. 1-2002]
As used in this article, the following terms
shall have the meanings indicated:
One conducted in a store, hotel, house, building,
structure or open lot for the sale at retail of 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, such fact shall be presumptive evidence that the business
carried on therein is a transient business. If the place in which
a business is conducted is rented or leased under a lease or rental
agreement granting an option or options to either party thereto to
cancel said agreement or lease within a period of six months or less
following the inception of said lease or rental agreement, such fact
shall be presumptive evidence that the business carried on therein
is a transient business.
For the purpose of this definition, all qualified
religious, charitable, educational, public interest and political
organizations and their supportive committees, ad hoc or constituted,
shall be exempt from this definition, but only as to fund-raising
or signature solicitation activities that are pursuant to their valid
and qualified functions.
[Amended 1-16-2002 by L.L. No. 1-2002]
This article shall not apply to sales in a residence
when the retail merchant has a permanent residence within the Town
of Union and shall not apply to door-to-door sales by civic groups,
churches, Girl or Boy Scouts, Rotary Clubs, Lions Clubs, Kiwanis and
like civic-minded groups, nor to garage and lawn sales. Further, the
provisions of this article shall not apply to persons engaged in the
sale of cosmetics, Tupperware, pots and pans and like items of personal
property; provided, however, that such sales occur solely and exclusively
within a residence by permission of the owner thereof. It is the intent
of this section to except such 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.
It shall be unlawful for any person, firm or
corporation to conduct or operate or permit to be conducted or operated
a transient retail business within the Town of Union without first
obtaining a license from the Town Clerk of the Town of Union.
The fee for a license required by this article
shall be as set from time to time by resolution of the Town Board.
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 retail business
within the Town of Union outside the area of the incorporated Villages
of Johnson City and Endicott.
The tax imposed pursuant to § 151-17 herein shall be based upon the gross amount of sales by the transient retail merchant and shall be at the same rate as other property is taxed for the year in the Town; provided, however, that if at the time such tax becomes due and payable the tax rate for the current year of the Town has not been fixed, the same shall be the rate for the immediately prior year.
No person shall conduct a transient retail business
within the Town until he shall have obtained a license in writing
to conduct such business from the Town Clerk and shall have deposited
with the Town Clerk the sum of $500 in cash as security for the payment
of the tax imposed by this article. Upon the filing with the Town
Clerk of satisfactory proof that the person so making such deposit
has discontinued such transient retail business, the Town Clerk shall
return said cash deposit or so much thereof as shall remain in her
hands after deducting all sums due the Town under the provisions of
this article.
The application for the license shall include
a statement verified by the person or persons who are to conduct such
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 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 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 Town where such transient
retail business is to be conducted.
D.
The date on which such person intends to begin doing
such business within the Town.
Upon the filing of the statement required herein,
the Town Clerk shall immediately cause an investigation to be made
of the parties named in such statement, along with the merchandise,
and after such examination the Town Clerk may refuse to issue a license
to conduct such business if, in the judgment of the Clerk, the public
interest so requires.
No person shall conduct a transient retail business within the Town at any place other than that named in the statement filed in the office of the Town Clerk pursuant to § 151-20 herein.
In the event that any person fails to begin the conduct of the transient retail business at the place specified in the statement filed pursuant to § 151-20 within 90 days after the filing of such statement, such person shall not thereafter conduct any such retail transient business within the Town 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 Town Clerk and a new license has been issued.
The Town Clerk and any other officer of the
Town designated by the Town Board for such purpose shall have the
power and authority to enter any store or building in which a transient
retail business may be carried on at any time during business hours
for the purpose of ascertaining the amount of stock of merchandise
therein or sales made and shall at all times have access to the books
of such business.
Every person conducting such transient retail
business shall, on Monday of each week, present to the Town Clerk
at her office a verified statement showing the total sales made during
the preceding week and the amount of stock of merchandise in his possession
for sale at the closing of business on the preceding Saturday and
shall pay on Monday of each week to the Town Clerk the amount of tax
as hereinbefore provided for sales made during said previous week.
[Amended 1-16-2002 by L.L. No. 1-2002]
Any and every violation of the provisions of
this article shall be deemed to be an offense against this article,
punishable by a fine not exceeding $250 or imprisonment for not to
exceed 15 days, or both. Each day's continued violation of this article,
after written notice thereof, shall constitute a separate and additional
violation. In addition to the above-provided penalty or in lieu thereof,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of this article.
