[HISTORY: Adopted by the Rochester City Council 9-14-1971 by Ord. No.
71-538;[1] amended in its entirety 4-20-2016 by Ord. No. 2016-95. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Bill posting and advertising — See Ch. 35.
Fire Prevention Code — See Ch. 54.
Food trucks, trailers and carts — See Ch. 60.
Licenses – business and trades — See Ch. 68.
Parks — See Ch. 79.
Consumer protection — See Ch. 95A.
Secondhand dealers — See Ch. 96.
Transient merchants — See Ch. 109.
Vehicle and traffic — See Ch. 111.
Weights and measures — See Ch. 113.
Zoning — See Ch. 120.
[1]
Editor's Note: Section 1 of this ordinance repealed former
Ch. 62, adopted 11-25-1941.
For the purposes of this chapter, the terms used herein are
defined as follows:
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.
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.
Includes 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.
Includes all of the M-D Marina District as established pursuant to Chapter 120, Zoning Code.
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.
A person doing business through the acts of vending, selling
or offering for sale, soliciting orders for, demonstrating or making
estimates of goods, services or merchandise, and persons in the home
improvement industry, directly to the public in the public streets,
sidewalks or public places from a vending truck, vending trailer,
vending cart or special event table, or by going from house to house,
whether by appointment, referral, uninvited solicitation, route sales
or party plan, within the City of Rochester.
A special public event that is either sponsored by the City
or granted a permit by the City, including but not limited to a festival,
parade, concert, or celebration.
A nonmotorized, wheeled vending unit that is built and licensed in such a manner that it may be operated to offer nonfood merchandise for sale on a public sidewalk in accordance with § 62-6A(5) of this chapter.
A nonmotorized vending unit that is designed to be towed
by a motorized vehicle that is built, registered and licensed to be
operated on the public streets of New York State and to offer nonfood
merchandise for sale.
[Amended 7-18-2017 by Ord. No. 2017-202]
A motorized vending unit that is built, licensed and operated in such a manner that it may be operated to offer nonfood merchandise for sale from a public street in accordance with § 62-6A(6) of this chapter.
[Amended 7-18-2017 by Ord. No. 2017-202]
A cart, vehicle, trailer or table from which a solicitor
may lawfully conduct business in accordance with the requirements
of this chapter.
A.
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.
B.
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.
C.
Nothing contained in this chapter shall authorize a solicitor to engage in business in a park without a permit as required in Chapter 79, Parks.
D.
Outdoor retail displays that comply with the requirements of § 120-176 of the Zoning Code shall not require a solicitor license.
E.
All license applicants shall be required to consent to a background check by the Rochester Police Department. A license application may be denied by the Chief of Police if the background check demonstrates that the applicant has been convicted of criminal offenses that have a direct relationship to the license or that would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. Any decision to deny an application for this reason shall be made in compliance with Article 23-A of the New York State Correction Law after considering the factors set forth in that law. An applicant who is denied shall be entitled to a hearing in the manner provided for a revocation of a license by Chapter 68 of the Municipal Code.
F.
Application. Every person applying for a license shall be required
to submit with the written application, under oath, the following
information and material:
(1)
Name of applicant.
(2)
Permanent home residence.
(3)
Name and address of firm represented, if any.
(4)
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.
(5)
If the applicant proposes to offer a specialty service or merchandise
that requires a professional, occupational, environmental or health-related
license, permit, certificate or other authorization from a federal,
state or local authority, documentary proof that the applicant possesses
such authorization(s).
(6)
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.
(7)
The location at which the solicitor intends to do business.
[Amended 7-18-2017 by Ord. No. 2017-202]
A.
License
fees shall be as follows:
(1)
Commercial traveler: $150.
(2)
Solicitor: $330 for a vending truck or vending trailer license and $250 for a vending cart license which is valid outside of the Center City Vending District, the Marina Vending District and the Harbortown Vending District, and $1,000 for a vending truck or vending trailer license and $750 for a vending cart 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. Solicitor licenses for vending from trucks and trailers issued under this § 62-3A(2) shall be limited to units that are no longer than 28 feet. Solicitors using longer trucks and trailers are limited to vending at special events pursuant to § 62-9 or on private property in accordance with a temporary zoning permit issued in accordance with Zoning Code § 120-149 and must obtain a temporary solicitor permit issued under § 62-3D.
(3)
Identification: $24 each; provided, however, that there shall be
no charge for the first identification badge that is issued for each
license.
B.
All
licenses shall expire on December 31 after their date of issuance.
License fees shall not be prorated.
C.
Temporary permit. Any solicitor wishing to conduct business from a vending unit at one or more special events and who does not have a license shall apply to the City Clerk for a temporary vending unit permit and pay a fee of $100 for a permit valid for the calendar year. Any solicitor wishing to conduct business from a vending unit at a single special event and who does not have a license shall apply to the City Clerk for a three-day temporary vending unit permit and pay a fee of $56 for a permit valid for that event. Such a permit shall allow vending only during and at the location of a specified special event. Temporary permits for vending from trucks and trailers issued under this § 62-3C shall be limited to units that are no longer than 28 feet. Solicitors using longer trucks and trailers shall obtain a temporary permit issued under § 62-3D. The fees set forth in this Municipal Code § 62-3C shall be discounted by 25% for the 2021 licensing year only.
[Amended 7-20-2021 by Ord. No. 2021-233]
D.
Temporary permit for over-length vending trucks and trailers. Any solicitor wishing to conduct business from a vending truck or vending trailer that is more than 28 feet long at one or more special events pursuant to § 62-9 or on private property in accordance with one or more temporary zoning permits issued pursuant to Zoning Code § 120-149 shall apply to the City Clerk for a temporary solicitor's permit and pay a fee that is based on the length of the vending unit as follows: $150 for a unit that is up to 39 feet long, $200 for a unit that is more than 39 feet and up to 50 feet long, and $250 for a unit that is more than 50 feet and up to 61 feet long. Any solicitor wishing to conduct business from a vending truck or vending trailer that is more than 28 feet long at a single special event pursuant to § 62-9 or on private property in accordance with a single temporary zoning permit issued pursuant to Zoning Code § 120-149 shall apply to the City Clerk for a three-day solicitor's permit and pay a fee that is based on the length of the vending unit as follows: $84 for a unit that is up to 39 feet long, $112 for a unit that is more than 39 feet and up to 50 feet long, and $140 for a unit that is more than 50 feet and up to 61 feet long. The three-day permit shall allow vending only during and at the location of a specified special event. A temporary permit issued under this § 60-6D shall not be used to authorize vending from a truck or trailer that is more than 61 feet long. It shall not authorize the applicant to vend at a special event, unless the solicitor provides to the City Clerk a written statement from the event's sponsor authorizing the solicitor to vend at a spot that is large enough to accommodate the specified length of the applicant's truck or trailer. It shall not authorize the applicant to vend at an event on private property that has been granted a temporary zoning permit, unless the solicitor provides to the City Clerk a written statement from the private property owner authorizing the solicitor to vend at a spot that is large enough to accommodate the specified length of the applicant's truck or trailer. The fees set forth in this Municipal Code § 62-3D shall be discounted by 25% for the 2021 licensing year only.
[Amended 7-20-2021 by Ord. No. 2021-233]
E.
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.
F.
There shall be a fee of $10 for replacement of a lost license or
identification badge.
G.
A solicitor who is an eligible veteran and has a Soldiers' and Sailors'
Certificate issued by the Monroe County Clerk pursuant to § 32
of the NYS General Business Law or who is a disabled veteran as defined
by § 35 of the General Business Law holding such a certificate
shall be exempt from the fees contained in this section.
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
$1,000,000 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 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 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.
A.
No
person acting, performing, attempting or purporting to act or perform
as a commercial traveler or solicitor shall:
(1)
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 City Clerk.
(2)
Stop, stand or park a nonmotorized vending unit on any roadway, except
when actually loading or unloading.
(3)
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.
(4)
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.
(5)
Place on any public place or sidewalk, including any tree, lawn or
other portion of the public right-of-way that is not within the roadway,
any goods, tables, blankets, booths or any type of merchandise for
sale or any vending unit or other equipment used in vending, except
that a licensed solicitor may sell merchandise on a public sidewalk
from a nonmotorized vending unit or units (hereinafter, referred to
as "vending cart") for which a license has been procured from the
City Clerk and is prominently displayed thereon and upon which all
merchandise and peripheral equipment is attached or placed, which
unit or units meet all the following requirements:
(a)
A vending unit or units when fully opened for business shall not
exceed, including all peripheral equipment 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.
(b)
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.
(c)
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.
(d)
Vending units shall have all peripheral equipment attached thereto,
including seating, if desired, for the person tending the unit.
(e)
Vending units shall have a self-contained and secure storage place
for all 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.
(f)
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.
(6)
Engage in vending from a public street, except that a licensed solicitor
may engage in vending from a vending truck for which a license has
been procured from the City Clerk and is prominently displayed thereon
and upon which all merchandise and peripheral equipment is attached
or placed, which unit or units meet all the following requirements:
(a)
Is a vehicle licensed and able to be operated on the public
streets of New York State.
(b)
No trailer shall be used for such purpose.
(c)
No vending unit shall operate within any public right-of-way
within 100 feet of any property zoned Low-Density Residential (R-1).
Medium-Density Residential (R-2), or High-Density Residential (R-3).
(d)
No vending unit shall operate in a location that has the effect
of obstructing access to or egress from any structure or the free
flow of vehicular and pedestrian traffic.
(e)
Operates in a permissible on-street parking spot where stopping,
standing, parking or vending is not prohibited and in compliance with
all parking and vehicle and traffic laws, ordinances, rules and regulations
applicable to the particular location, including but not limited to
durational restrictions, for no greater than four consecutive hours
between the hours of 7:00 a.m. and 2:00 a.m., provided that the Traffic
Control Board may further limit the permissible locations and hours
for such vending in particular neighborhoods in accordance with regulations
established by the Traffic Control Board.
(f)
When located within the Center City District, Marina, Harbortown or any subsequently designated vending district, the vending unit shall abide by the additional provisions of § 62-7 of this chapter.
(g)
No vending unit shall operate within 500 feet of the boundary
line of any festival, special event or civic event that is permitted
or sponsored by the City, except when the vendor has obtained a permit
to so operate from the City.
(h)
Each vending unit shall carry on the vehicle at all times a
measuring device with a measuring capacity of no less than 500 feet
as a condition of its licensure.
(7)
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.
(8)
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.
(9)
Place, stop, operate or sell from a vending unit on a public sidewalk:
(a)
Within 10 feet of any other vending unit on a public sidewalk;
(b)
Within 10 feet of a curb cut;
(c)
Within five feet of a crosswalk;
(d)
Within five feet of a fire hydrant;
(e)
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);
(f)
Within 10 feet of a street tree;
(g)
Within two feet of a trash receptacle;
(h)
Within two feet of a newspaper vending machine;
(i)
Within two feet of an historic marker;
(j)
Within five feet of a pedestrian bench;
(k)
Within two feet of a sidewalk planter;
(l)
Within two feet of a sidewalk grate or opening;
(m)
Within two feet of a fire alarm box; or
(n)
Within one foot of a light pole.
(10)
Cry out or make loud noises in any public street, sidewalk or place
for the purpose of selling any merchandise.
(11)
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.
(12)
Sell or offer for sale any 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.
(13)
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.
(14)
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.
(15)
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.
(16)
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.
(17)
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:
(a)
The vending unit, 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.
(b)
For a vending unit 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.
(c)
Vending units with heating devices shall be equipped with a
fire extinguisher with a 1A-10BC classification.
(d)
A vending unit with a heating device shall be inspected by the
Fire Safety Division of the City of Rochester for firesafety 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.
(e)
The Fire Marshal is hereby authorized to promulgate such additional
rules and regulations as may be necessary to assure the firesafety
of vending units.
(18)
Shall request or accept any tip or gratuity where no exchange of
merchandise is effected or no service is rendered.
(19)
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.
(20)
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.
(21)
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.
B.
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 or other
communications device when 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 other products, the sale of which shall be governed
by the provisions of the law and ordinances applicable thereto.
C.
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.
A.
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:
(1)
No person shall place, stop, operate or sell from a vending unit
or place, sell or attempt to sell any 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).
(2)
No person shall place, locate, operate or sell from a vending unit
on a public sidewalk or place any 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.
(3)
No person shall load or unload a vending unit, 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.
(4)
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 without procuring and prominently
displaying a Center City or Marina or Harbortown license authorizing
such activity and without doing business in the location designated
by the City. The City Clerk is 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 for
the implementation of a lottery to determine priority for the use
of vending locations and for standards to be met in order to retain
a Center City or Marina or Harbortown license, which standards may
govern the frequency of use of a location and the frequency of violations.
(5)
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.
(6)
No solicitor shall operate 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
vending, which hours shall not be greater than between the hours of
7:00 a.m. and 2:00 a.m. No solicitor shall be parked in a specific
parking space for more than four consecutive hours.
A.
The Chief of Police is authorized to promulgate rules and regulations
governing vending trucks, trailers, carts, and tables at special events
that are operated during parades and special events in the City. Such
rules and regulations may require vending activities to be conducted
in areas located 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.
B.
The Commissioner of Recreation and Human Services shall establish
requirements for vending in parks regulated by the City. Any solicitor
operating in such a park shall have a valid license pursuant to this
chapter.
[Amended 10-13-2020 by Ord. No. 2020-316]
C.
The County of Monroe shall establish requirements for vending in
parks regulated by the County.
A.
Any
solicitor vending from a vending truck, trailer or cart at a special
event that is sponsored by the City or granted a permit by the City
shall have either a license issued pursuant to this chapter or a temporary
permit issued by the City Clerk, or a three-day temporary permit issued
by the City Clerk. The solicitor so licensed or permitted may vend
at a special event if such vending is approved by the sponsor of said
event.
B.
An applicant for a temporary permit shall be required to submit a valid copy of all necessary licenses, permits or certificates required by the County of Monroe or the State of New York or federal government, including, but not limited to, a valid New York State Department of Motor Vehicles registration and certificate of inspection and valid driver's licenses of all vehicle operators, a valid authorization to offer any specialty service or merchandise that requires a professional, occupational, environmental or health-related license, permit, certificate or other governmental authorization, and a copy of a valid 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 shall submit proof of insurance coverage that meets the requirements of § 62-4.
C.
A
solicitor may vend from a table only at a special event. Such vending
must be approved by the sponsor of said event and will not require
a license or temporary permit pursuant to this chapter.
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 tranquility of the public streets,
sidewalks and places.
A.
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.
B.
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:
A.
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.
B.
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.
