[HISTORY: Adopted by the Town Board of the Town of Cortlandville 11-3-1982; amended in its entirety 10-15-2008 by L.L. No. 4-2008. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Circuses and carnivals — See Ch. 74.
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.