As used in this chapter, the following terms
shall have the meanings indicated:
TRANSIENT BUSINESS
A business conducted at any location for the sale of goods,
wares and merchandise or services incident therewith, except ready-to-eat
food products, and which is intended to be conducted for a temporary
period of time and not permanently. Nothing contained herein shall
be construed to apply to:
A. "Rummage sales," "garage sale," "yard sales," as those
terms are generally used and also as defined and regulated by other
parts of this Code.
B. Any temporary sale of merchandise on any part of property
owned by the seller and contiguous to a place of sale of similar product(s)
also owned by the seller.
C. Any "transient business," as defined above, conducted
by and for the benefit of any nonprofit organization, including groups
connected to an education institution. Such activities might include,
but not be limited to, car washes, magazine sales, and returnable
container collections. Such activity shall be limited to operation
on one day per month per group.
No person shall conduct a transient business
within the Town without first obtaining a license therefore.
An application for a license, together with an application fee and daily fee as set forth from time to time by Town Board resolution, to conduct a transient business within the Town shall be made, by mail or otherwise, to the Town Clerk, upon blanks prepared under the authority of the Town Clerk, and the applicant shall furnish such proof of identity and proof of legal establishment of the enterprise or business, including but not limited to county DBA filing, state sales tax certificate, liability/workers' compensation/state disability insurance coverage, and proof of authorization to use the property as the Town Clerk shall, in his or her discretion, determine. Such application shall contain a statement showing the true name of the owner of such business, legal residence, office address, the nature and kinds of goods to be sold, the persons, firms and corporations from whom such goods were purchased and the period of time during which and the location where it is contemplated such business will be conducted. Such application shall be approved by the Zoning Officer to assure compliance with Chapter
178, Zoning, and with §
155-7 of this chapter.
The Town Clerk or Zoning Officer may demand,
and such merchant shall furnish, such further information relating
to stock and sales during the conduct of a transient business as deemed
necessary to comply with the purposes of this chapter.
The Town Clerk shall collect a fee in the amount
of $ 400.00 for the license and $ 100.00 per day for each day of operation
as indicated on the license. Both fees shall be collected prior to
the issuance of any license.
A license granted under the provisions of this
chapter shall be conspicuously displayed by the transient merchant
in his place of business in the Town during the conduct of such business.
No transient business will be allowed in residential
or agricultural district zones nor in any zone within 500 straight
line feet of any permanent business selling items or services that
are similar. Operation of the business is limited to no more than
five days (must be consecutive), whether sales take place on any given
day or not. Sales shall take place no longer than one hour after sunrise
to sunset. Permitted dates, both beginning and ending, must be shown
on the license. Only one such license per calendar year shall be issued
to any one business or enterprise. A transient retail business selling
a product of a nature where there is no competition by a permanently
established business entity whose primary full-time purpose is to
sell that product within one straight line mile shall be allowed to
conduct said transient business for no more than 45 days (days must
be consecutive). One ground sign, not exceeding 75 square feet, shall
be allowed; except that on a lot at an intersection with frontage
on two roads or public-rights-of-way, two ground signs not exceeding
a combined total of 75 square feet shall be allowed.
Upon the failure of the person who shall have
received a license to conduct a transient business to comply with
any or all of the terms of this chapter, the Town Clerk may, at any
time, revoke the license granted to such person. Any violation of
this chapter or any other chapter or provision of Town ordinances
or the commission of a crime, particularly, but not limited to, violation
of any provisions of the General Business Law or any provisions of
the Agriculture and Markets Law, shall be sufficient grounds for the
revocation of such license.
Anyone violating any of the provisions of this
chapter shall, upon conviction thereof, be punishable by a fine of
not more than $1,000 or by imprisonment for a term of not more than
15 days, or by both such fine and imprisonment.