Bill posting and advertising — See Ch. 35.
Pawnbrokers — See Ch. 80.
Consumer protection — See Ch. 95A.
Secondhand dealers — See Ch. 96.
Transient merchants — See Ch. 109.
Weights and measures — See Ch. 113.
§ 62-2License required.
§ 62-3Fees and expiration of license.
§ 62-5Authorization of agent to receive
service of summons.
§ 62-6General regulations.
§ 62-7Additional Center City District,
Marina and Harbortown provisions.
§ 62-8Parades and special events.
§ 62-9License and regulations for special
§ 62-10Rules and regulations.
§ 62-11General licensing provisions;
revocation of licenses.
For the purposes of this chapter, the terms used herein are defined as follows:
- CENTER CITY VENDING DISTRICT
- Shall include all of the Center City Zoning District, as
established pursuant to Chapter 120, Zoning Code, and in addition,
as set forth in a map on file in the City Clerk’s office, an
area extending generally easterly from the Center City Zoning District
which is bounded on the west and north by the Center City Zoning District
boundary extending from the southerly side of East Avenue to the center
of Alexander Street at approximately 417 Alexander Street, then continuing
southerly down the center of Alexander Street to the center of University
Avenue, then continuing easterly along the center of University Avenue
to the center of Goodman Street, then continuing southerly along the
center of Goodman Street to and including the southerly side of East
Avenue, then continuing westerly along the southerly side of East
Avenue to the Center City Zoning District boundary. The Center City
Vending District shall also include both sides of Alexander Street
southerly from Gardiner Park to the southerly side of Tracy Street
and its extension westerly, as set forth in the map on file in the
City Clerk’s office.[Added 11-14-2006 by Ord. No. 2006-358]
- COMMERCIAL TRAVELER
- A person or group of persons doing business through the act
of renting a room or suite of rooms in a hotel, motel or inn, commercial
building or private dwelling within the City of Rochester for a period
of less than 90 consecutive days for the purpose of using said premises
to sell, offer for sale or solicit orders for goods, services or merchandise,
including vendors of food or food products and persons in the home
improvement industry, to or from members of the public. This definition
shall not apply to the renting of rooms, halls, auditoriums or open
spaces for the sole purpose of demonstrating or exhibiting goods to
businesses and/or the public in connection with sales promotions or
marketing campaigns or for the purpose of exhibiting and selling works
of art.[Amended 5-25-1982 by Ord. No. 82-197]
- HARBORTOWN VENDING DISTRICT
- Shall include all of the H-V Harbortown Village Zoning District
as established pursuant to Chapter 120, Zoning Code, which is north
of the new O’Rorke Bridge, and those lands zoned O-S Open Space
which border the southern boundary of Ontario Beach Park and are east
of Estes Street.[Added 11-14-2006 by Ord. No. 2006-358]
- MARINA VENDING DISTRICT
- Shall include all of the M-D Marina District as established
pursuant to Chapter 120, Zoning Code.Editor's Note: See § 120-77.2.[Added 5-22-2012 by Ord. No. 2012-198]
- PUBLIC PLACE
- Any area or building owned, operated or controlled by or
on behalf of any government, municipality or public authority or corporation
within the boundaries of the City of Rochester, or portion of such
place, which is generally accessible to the public, including but
not limited to streets, sidewalks, skywalks, parking garages and lots,
parks, playgrounds, recreation areas, cemeteries, places of employment
or operations and schools and school grounds; as well as private property,
other than inside a building, upon which members of the public are
solicited.[Added 12-21-2004 by Ord. No. 2004-404Editor's Note: This ordinance provided an effective date of 1-1-2005.
- A person doing business through the acts of selling or offering
for sale, soliciting orders for, demonstrating or making estimates
of goods, services or merchandise, including vendors of food or food
products and persons in the home improvement industry, directly to
the public in the public streets, sidewalks or public places or by
going from house to house, whether by appointment, referral, uninvited
solicitation, route sales or party plan, within the City of Rochester.[Amended 5-25-1982 by Ord. No. 82-197; 2-14-2006 by Ord. No. 2006-22]
Commercial traveler. Every person who engages in business as a commercial traveler, as defined herein, is hereby required to apply for and procure a license, to be issued by the City of Rochester, for the purpose of conducting such business, prior to commencing operations within the City of Rochester.
Solicitor. Every person who engages in business as a solicitor, as defined herein, is hereby required to apply for and procure a license, to be issued by the City of Rochester, for the purpose of conducting such business, three days prior to commencing operations within the City of Rochester. This requirement shall not be applicable to any person who applies for and procures a special promotional events license.
Vendors of food or food products must have a current permit from the Monroe County Department of Health and must comply with all laws, rules and regulations of said Department.
License fees shall be as follows:
Commercial traveler: $150.
Solicitor: $250 for a license which is valid outside of the Center City Vending District, the Marina Vending District and the Harbortown Vending District, and $750 for a license which includes the Center City Vending District, the Marina Vending District or the Harbortown Vending District, which licenses shall include a solicitor's license and a license for one vending unit. Each additional vending unit shall require payment of a full fee. Persons operating businesses in buildings within the Center City Vending District, the Marina Vending District or the Harbortown Vending District shall be entitled to a discount of 1/3 of the fee for a license to vend in an approved location outside of their business.
Identification: $24 each.
All licenses shall expire on December 31 after their date of issuance. License fees shall not be prorated.
A nonrefundable fee of $7 shall be required for the receipt of application materials. Said fee shall be credited toward the license fee upon submission of an application.
There shall be a fee of $10 for replacement of a lost license.
Before any license authorized herein shall be issued, the applicant shall file with the City proof of insurance, issued by an insurance company licensed to do business in the State of New York and approved by the Director of Finance as to form, which insurance must be kept continuously in force during the term of the license. At the time of application, applicants shall provide proof of insurance that extends for the entire license period. The insurance shall be not less than $100,000 comprehensive/general liability insurance. Such insurance shall not expire, nor be canceled, altered or amended except on 10 days' written notice to the City Treasurer served personally or by certified mail. Municipal operations, employees and property shall not be excluded from coverage. The insurance must name the City as an additional insured party.
Before any individual, partnership, company or corporation who is a nonresident of the State of New York shall have a commercial traveler's or solicitor's license issued, either to the individual or to the agents or representative of a company, partnership or corporation, proof of authorization of the Secretary of State to receive service pursuant to the Business Corporation Law § 304 must be filed with the city, or a certificate appointing the City Clerk of the City of Rochester as a duly authorized agent for the purpose of accepting service of summons of said nonresident individual, company, partnership or corporation shall be filed with the application for said license. In the case of a company, partnership or corporation, this authorization of an agent to accept service shall be signed by the executive officer(s) with the authority to bind the company, partnership or corporation to a contract.
No person acting, performing, attempting or purporting to act or perform as a commercial traveler or solicitor shall:
Engage in business as a commercial traveler or solicitor without procuring and prominently displaying on his or her person a license or identification badge therefor issued by the Chief of Police.
Stop, stand or park a nonmotorized vending unit on any roadway, except when actually loading or unloading.
Engage in business or attempt to engage in business as a solicitor on any public street, sidewalk or place so as to obstruct access to or egress from any place or the free flow of vehicular and pedestrian traffic.
Operate, stop, stand or park any motorized vending unit on any public sidewalk, including that part of the sidewalk between any paved portion of the sidewalk and roadway.
Place any goods, tables, blankets, booths or any type of food or merchandise for sale or any vending unit or other equipment used in vending on any public place or sidewalk, including that part of the sidewalk between any paved portion of the sidewalk and roadway, except that a licensed solicitor may sell food or merchandise on a public sidewalk from a nonmotorized vending unit or units for which a license has been procured from the Chief of Police and is prominently displayed thereon and upon which all food and merchandise and peripheral equipment is attached or placed, which unit or units meets all the following requirements:
A vending unit or units when fully opened for business shall not exceed, including all peripheral equipment and food and merchandise for sale, six feet in width by 10 feet in length and five feet in height, excluding only a canopy, awning or umbrella, with the top surface of the vending unit(s) and any seating for the person(s) tending the unit(s) at least 28 inches above the ground. Shopping carts shall not be allowed as vending units.
Separate units may be used in one operation, provided that when they are fully opened for business the total space occupied by said units does not exceed the maximum set forth in Subsection A(5)(a) above, and provided further that the units are kept adjacent to each other and that each separate unit is at all times tended by at least one person.
All vending units shall be on rubber-tired wheels, at least four inches in diameter, with a leg or legs or brakes which shall keep the unit stationary when it is not intended to be moved, and which unit is fully mobile and able to be immediately moved by a single person tending the unit.
Vending units shall have all peripheral equipment attached thereto, including seating, if desired, for the person tending the unit.
Vending units shall have a self-contained and secure storage place for all food and merchandise and peripheral equipment used in the vending operation, so that the same can be quickly and safely stored if the vending unit has to be moved.
No canopy, awning or umbrella shall be placed on a sidewalk in conjunction with vending activities, except that a vending unit may have attached to it a canopy, awning or umbrella which is no greater in size than the maximum size set in Subsection A(5)(a) above for a vending unit, and which is a minimum of 7 1/2 feet above the level of the sidewalk when opened if it extends beyond the sides of the unit itself and a maximum of nine feet above the level of the sidewalk when opened, provided that no canopy, awning or umbrella shall extend into a street tree or within two feet of the curbline.
Place, stop, operate or sell from a vending unit on a public sidewalk, except on the curbside of the sidewalk and at least two feet from the curb.
Place, stop, operate or sell from a vending unit on a public sidewalk in such a manner that a portion of the sidewalk at least four feet in width is not maintained free and clear of obstructions to pedestrian traffic.
Place, stop, operate or sell from a vending unit on a public sidewalk:
Within 10 feet of any other vending unit on a public sidewalk;
Within 10 feet of a curb cut;
Within five feet of a crosswalk;
Within five feet of a fire hydrant;
Which abuts or obstructs a bus stop zone or shelter or is located within 60 feet in advance of a bus stop or shelter (on the side of the stop or shelter from which a bus approaches) or within 10 feet beyond a stop or shelter (on the side of the stop or shelter from which a bus leaves the stop or shelter);
Within 10 feet of a street tree;
Within two feet of a trash receptacle;
Within two feet of a newspaper vending machine;
Within two feet of an historic marker;
Within five feet of a pedestrian bench;
Within two feet of a sidewalk planter;
Within two feet of a sidewalk grate or opening;
Within two feet of a fire alarm box; or
Within one foot of a light pole.
Cry out or make loud noises in any public street, sidewalk or place for the purpose of selling any food or merchandise.
Falsely or fraudulently misrepresent the quality, character or quantity of any article offered for sale or falsely or fraudulently represent services to be rendered or the cost thereof or offer for sale any unwholesome, tainted or diseased food or merchandise.
Sell or offer for sale any food or merchandise which does not materially conform to any samples or models demonstrated or brochures or pamphlets given to a prospective customer as to size, materials, use, application and quality of workmanship.
Fail to identify himself or herself as a salesperson upon approaching a citizen in a public place or at a private dwelling or fail to explain one's purpose, whether it be direct sales, solicitation of orders or the demonstration of goods and merchandise, or any combination of such purposes.
Chain or otherwise attach any signs, goods, merchandise, chairs, stools or vending units or other equipment used in vending to any tree, parking meter, hydrant, sign or post, light pole, telephone pole or other street appurtenance or leave any such items unattended on a public street, sidewalk or place. Items left in violation of this subsection shall be seized by the police.
Place, stop, operate or sell from a vending unit on a public street, sidewalk or place unless that vending unit, including any canopy, awning or umbrella and all peripheral equipment, is maintained in a clean and neat condition, free of all stains, holes and rust, and with all wood surfaces painted, treated or varnished.
Dispose of any litter or trash generated from the vending operation in public trash receptacles. Vendors shall store such litter or trash during the day in a trash receptacle firmly attached to the vending unit and carry the same with them at the end of the day. Vendors shall also be responsible for keeping the immediate area of their vending unit free and clear of any litter, trash or spillage from the unit.
Place, stop, operate or sell from a vending unit which generates heat on a public street, sidewalk or place, unless the following requirements are met:
On or after January 1, 1991, all vending units, including all compartments thereof but not including wheels and any awning, canopy or umbrella, shall be made of a noncombustible material, preferably stainless steel. All heating devices using gas shall be equipped with one-hundred-percent shutoff safety devices to automatically stop the flow of gas.
For vending units using propane, the propane shall be stored in the open air or in a properly vented compartment. A propane storage compartment shall be made of a noncombustible material and shall be used only for storing propane, and no food, merchandise, goods or equipment shall be placed therein. Propane tanks shall be securely fastened to the vending unit whether they are stored in the open air or in a vented compartment. Propane tanks shall be kept in an upright position, unless such tank is designed and approved for horizontal positioning. Compartments in which propane is stored shall be labeled "PROPANE" in letters at least 1 1/2 inches high. All valves shall be easily accessible. Only approved hoses with proper LPG labeling shall be used for the flow of gas, and such hoses shall be properly mounted so as to be free of vibrations, kinks and/or tension and so as to be easily accessible. Propane cylinders shall be stored outdoors at all times.
Vending units shall be equipped with holding pans designed and attached to the unit so as to catch all of the grease produced by the heating device. No person shall operate a vending unit in a manner such that grease may be spilled from the vending unit onto a public street, sidewalk or place.
Vending units with heating devices shall be equipped with a fire extinguisher with a 1A-10BC classification.
All vending units with heating devices shall be inspected by the Fire Safety Division of the City of Rochester for fire safety prior to the issuance of any license or permit therefor. Heating devices shall be free of defects and constructed or positioned so that combustibles will be protected from the heating source. A current annual sticker from the Fire Safety Division shall be procured and prominently displayed on all such vending units. Any modifications and/or repairs to stoves, grills and propane equipment shall require the approval of the Fire Safety Division before such vending unit may be placed on a public street, sidewalk or place.
The Fire Marshal is hereby authorized to promulgate such additional rules and regulations as may be necessary to assure the fire safety of vending units.
Shall request or accept any tip or gratuity where no exchange of food or merchandise is effected or no service is rendered.
Sell or offer for sale food or food products without a current permit from the Monroe County Department of Health.
Conduct any vending activities in violation of any rule or regulation promulgated by the Chief of Police, Commissioner of Environmental Services or Fire Marshal pursuant to this chapter or by the Monroe County Health Department with respect to vending of food or food products.
No person shall engage in business as a solicitor or attempt to engage in business as a solicitor except at the location reported by said person to the City.
Sell, offer for sale or deliver goods or services from a sidewalk or alongside a roadway to an operator or occupant of a motor vehicle that is stopped, standing or parked on a street where stopping, standing or parking is prohibited.
Sell or offer for sale goods or services from a motorized vending unit stopped, standing or parked on a street where stopping, standing, parking or vending is prohibited.
Nothing herein contained shall be construed so as to prevent any person having an established place for the transaction of business within said City from soliciting orders in such line of business from customers at such place of business or from taking orders by telephone when telephone orders are received at such place of business and from filling and delivering the same nor so as to prevent the sale of newspapers or milk, the sale of the latter to be governed by the provisions of the law and ordinances applicable thereto.
The owner of a vending unit shall be responsible for the acts of any person working at that vending unit, and a license holder shall be responsible for the acts of any person while engaging in business through an identification badge issued under the license holder's license.
Application. Every applicant for a license is required to submit with the written application, under oath, the following information and material:
Name of applicant.
Permanent home residence.
Name and address of firm represented, if any.
The length of time for which the license is required.
A description of the goods, wares, commodities or services to be offered for sale or to be used for the purpose of bidding for services.
To the application must be appended a document of authorization from the firm which the applicant purports to represent.
To the application must be appended a copy of a validated certificate of authority issued by the New York State Department of Taxation and Finance empowering the applicant to collect both the New York State sales and compensating use taxes and any similar local taxes, or proof acceptable to the Director of Finance that the applicant is exempt from registering with the state for the collection of sales and compensating use taxes.
The location at which the solicitor intends to do business.
In addition to the general provisions set forth in § 62-6 of the Municipal Code, the following regulations shall also apply to solicitors in the Center City Vending District, the Marina Vending District and the Harbortown Vending District:
No person shall place, stop, operate or sell from a vending unit or place, sell or attempt to sell any food or merchandise or place any equipment used in vending operations on the public sidewalk or in a public place except in locations specifically designated by the City for vending activities. In order to facilitate pedestrian and bus movement along Main Street, no designated vending space shall be located within 30 feet beyond a bus shelter (on the side of the shelter from which a bus leaves the shelter) or 90 feet in advance of a bus shelter (on the side of the shelter from which a bus approaches).
No person shall place, locate, operate or sell from a vending unit on a public sidewalk or place any food, merchandise or equipment on any public sidewalk in such a manner that a portion of the sidewalk at least eight feet in width is not maintained free and clear of obstructions to pedestrian traffic.
No person shall load or unload a vending unit, or food or merchandise or equipment to be used in vending activities, from a vehicle on Main Street. The commercial loading/unloading zones designated by the Traffic Control Board on intersecting streets must be used for this purpose.
No person shall engage in business as a solicitor or attempt to engage in business as a solicitor on a public street or sidewalk or in a public place in the Center City Vending District, the Marina Vending District or Harbortown Vending District from April 15, 2006, through December 31, 2006, and thereafter throughout each calendar year, without procuring and prominently displaying a Center City or Marina or Harbortown permit authorizing such activity and without doing business in the location designated by the City. Such permit shall be granted through a lottery to be conducted by the City Clerk each year. The City Clerk is hereby authorized to establish rules and regulations governing such lottery, which rules and regulations shall allow for each licensed solicitor applying for the lottery to have one chance in each round of the lottery. The Commissioner of Environmental Services is further authorized to promulgate rules and regulations governing the use of the Center City or Marina or Harbortown vending locations, which rules and regulations may also provide standards to be met in order to retain a Center City or Marina or Harbortown permit, which standards may govern the frequency of use of a location and the frequency of violations. The lottery shall determine priority for use of the vending locations. If all vending locations are not filled through the lottery process, locations may be filled through a waiting list established by the City Clerk. The name of a solicitor may appear only once at a time on such list. The designated location may only be used for placement of a vending unit licensed to the successful applicant, and no successful applicant shall sell, lease or transfer a designated location for placement of a vending unit by any other person.
No person shall engage in business as a solicitor or attempt to engage in business as a solicitor from a parking space on a public street except from a motorized vending unit that is not greater than 28 feet in length and which is licensed and able to be operated on the public streets of New York State. No trailers shall be used for such purpose.
No person shall engage in business as a solicitor or attempt to engage in business as a solicitor from a parking space on a public street except in parking spaces reviewed by the Traffic Control Board and approved by the City Clerk and in accordance with regulations established by the Traffic Control Board. The Traffic Control Board may establish the hours that each parking space shall be available for a solicitor’s use, which hours shall not be greater than between the hours of 7:00 a.m. and 8:00 p.m. No solicitor shall be parked in a specific parking space for more than four consecutive hours.
The Chief of Police is authorized to promulgate rules and regulations governing vending during parades and special events in the City. Such rules and regulations may require vending activities to be conducted in areas located away from the curb so that citizens may be able to have unobstructed views of the parade or special event. In conjunction with such activities, including any street closing for a special event, the Chief of Police may suspend the applicability of the regulations found in this chapter to allow for the operation of the special event.
Every person who engages in business by selling or offering for sale goods, services or merchandise, including vendors of food or food products and persons in the home improvement industry, directly to the public in the public streets, sidewalks or public places of the City of Rochester, or by going from house to house, whether by appointment, referral, uninvited solicitation, route sales or party plan, within the City, for a period of three consecutive days or less, shall apply for and obtain a special promotional events license to be issued by the City three days prior to commencing operations within the City of Rochester, unless such person has applied for and obtained a solicitor's license.
A license for special promotional events shall be issued for three days only and shall not be issued to the same person or sponsoring organization more than four times in a year. The fee for the license shall be $56 for a license for an owner and for one cart, plus $24 for each identification card or button. Each additional cart shall require the payment of a full fee. There shall be a fee of $10 for replacement of a lost license.
A holder of a special promotional events license shall comply with the regulations set forth in § 62-6 for commercial travelers and solicitors.
No person engaged in the business of soliciting for any article in any public street or place, for which a license is required by this chapter, shall accept any tip or gratuity where no exchange of merchandise is effected or service rendered.
The Chief of Police may promulgate rules and regulations governing solicitors, commercial travelers and special promotional events so as to provide for the orderly operation of their business and to ensure the public safety and the peace and tranquillity of the public streets, sidewalks and places.
The provisions of Chapter 68 of the Municipal Code, being general licensing provisions relating to business and trades, shall be applicable to all licenses under this chapter the same as if specifically set forth herein.
The Chief of Police shall revoke, without a hearing, the license of any person found guilty of five or more violations of this chapter during any period of two years. Nothing herein shall prevent the Chief of Police from revoking a license of any person with fewer than five violations, on written charges and an opportunity for a hearing thereon, pursuant to § 68-10 of the Municipal Code.
A person violating any section of this chapter shall be subject to the penalties set forth in § 13A-11 of the Municipal Code.
The following activities shall be exempted from the requirements of this chapter:
Garage sales, basement sales, porch sales, yard sales and other such events at which a person desires to sell or trade his or her personal used items, household goods, furniture or equipment upon his or her premises, said premises not being a regular place of business for purchase or sale of goods. No more than two such sales shall be conducted by the same person or persons upon the same premises within one calendar year, and each such sale shall not exceed 10 consecutive days.
The sale of homemade food or drinks at a residence by the owner or occupant thereof, provided that a commercial vending unit is not used and the aggregate size of any table or tables or other display, preparation and storage areas shall not exceed four feet wide by eight feet long.
If any provision of this chapter is declared invalid or unconstitutional for any reason, the remaining provisions shall be severable and shall continue in full force and effect.