[HISTORY: Adopted by the Rochester City Council 11-25-1941. Amendments
noted where applicable.]
When used in this chapter, unless otherwise expressly stated or unless
the context or subject matter may otherwise require, the following words shall
have the meanings given to them by this section:
Includes natural persons, corporations, partnerships, joint-stock
companies and all other entities of any other kind capable of being sued.
The sale of solid fuel in less than car or cargo lots, except the
sale of quantities of one-fourth (Â 1/4) ton or less, and the sale for
the purpose of resale.
Any anthracite, semianthracite, bituminous, semibituminous or lignite
coal briquets, boulets, coke, gashouse coke, petroleum coke, petroleum carbon
or any other manufactured or patented fuel not sold by liquid or metered measure,
except charcoal.
Includes any person engaged in the business of selling solid fuel
at retail in quantities in excess of 1/4 ton.
Permission granted by the City of Rochester to sell solid fuel at
retail in the corporate limits of the City of Rochester.
Permission granted by the City of Rochester to transport and deliver
solid fuel in quantities in excess of 1/4 ton in the corporate limits
of the City of Rochester.
The net ton of 2,000 pounds avoirdupois.
Any truck, wagon, cart or other conveying device used in the streets,
alleys or other thoroughfare in the city, but not including railroad cars.
[Amended 5-11-1954; 1-27-1970
by Ord. No. 70-36; 5-28-1974
by Ord. No. 74-180]
It shall not be lawful for any person to engage in the sale of solid
fuel at retail in the corporate limits of the City of Rochester, without first
having applied for and obtained from the Chief of Police an annual license
as herein provided.
[Amended 5-11-1954; 2-14-2006
by Ord. No. 2006-22]
All applicants for a license to engage in the business of retail seller
of solid fuel shall file a verified application with the Comptroller, which
application shall be in the form provided by him or her, setting out, among
other things, the name and address of the applicant, principal place of business,
the assumed business name, if any, if a copartnership, the names of all the
members and, if a corporation, joint-stock association, society or unincorporated
association, the president and secretary thereof and also the principal office
and place of business and branch offices, if there are any.
[Amended 5-11-1954; 1-27-1970
by Ord. No. 70-36; 5-28-1974
by Ord. No. 74-180]
Upon full compliance with the provisions relating to the application
and upon payment of the fee hereinafter provided, the Chief of Police shall
issue a license to each applicant to sell solid fuel at retail in the City
of Rochester. Such license shall be known as the "solid fuel dealer license."
Each license so issued shall entitle the licensee to engage in the business
of selling or offering for sale solid fuel at retail in the City of Rochester
until the first day of May immediately following the date of the license if
issued for the full year or any part thereof. A full annual fee shall be paid,
whether the license is issued for the full year or any part thereof.
[Amended 5-11-1954; 1-27-1970
by Ord. No. 70-36; 5-28-1974
by Ord. No. 74-180; 2-14-2006 by Ord.
No. 2006-22]
The Chief of Police, at the time of issuing such solid fuel dealer license
or thereafter during the period of such license and upon payment of the fee
therefor, shall issue to such solid fuel dealer a license plate or plates
bearing the words "solid fuel dealer." The license plates and the color thereof
shall be changed yearly and shall bear the same number as the license number
of the solid fuel dealer. The license plate of the solid fuel dealer shall
be prominently displayed on the right-hand side of the body or cab of each
vehicle transporting within the corporate limits of the City of Rochester
solid fuel sold by the solid fuel dealer, and each license issued hereunder
shall be publicly displayed in the main office of the licensee. Whenever a
vehicle is engaged in the transportation or delivery of solid fuel for more
than one solid fuel dealer, the license plates of each such solid fuel dealer
shall be affixed to such vehicle. The license plate shall not be removed from
such vehicle without the consent of such solid fuel dealer and must be removed
and surrendered to such solid fuel dealer upon demand or to the Chief of Police
upon revocation of such solid fuel dealer license. The solid fuel dealer shall
write or stamp his or her license number on each delivery ticket issued by
him or her, which delivery tickets shall be the regular delivery tickets of
the solid fuel dealer issued by him or her pursuant to the provisions of the
laws of the State of New York relating to weights and measures of coal. Any
variation from the conditions hereinabove specified governing the use of solid
fuel dealer license plates shall be deemed a violation of this chapter. Any
use of solid fuel dealer license plates on trucks other than those actually
or customarily engaged in the delivery of licensee's own orders for solid
fuel shall be deemed a violation of this chapter.
Before any solid fuel dealer license is granted as hereinbefore provided,
there shall be paid by the applicant an annual license fee of $75 and the
further sum of $1 for each license plate in excess of one. One license plate
only shall be furnished without additional charge to each solid fuel dealer.
Such license shall be in effect from the date of issuance to and including
the 30th day of April of each year thereafter, at which date it shall expire.
Such license may be renewed annually upon proper application therefor upon
the payment of the license fee. The conduct of business under one or more
assumed names shall constitute the person or persons so using such name or
names as a separate dealer for each such name so used, and the use of one
or more assumed business names shall not be permitted to any person required
to obtain a license hereunder unless a separate license is obtained for each
assumed business name.
[Amended 5-11-1954]
A.Â
Transportation without license prohibited. It shall be
unlawful for any person to use or cause to be used a vehicle for the transportation
or delivery of solid fuel in quantities in excess of 1/4 ton upon the
public streets and highways within the City of Rochester unless he or she
shall first obtain a solid fuel trucker license.
[Amended 2-14-2006 by Ord. No. 2006-22]
B.Â
Application. Application blanks for solid fuel trucker
licenses shall be in such form as the Chief of Police may prescribe and shall
be obtained from and filed with the Comptroller. The application shall be
in the form provided by the Chief of Police and shall set forth, among other
things, the following:
[Amended 1-27-1970 by Ord.
No. 70-36; 5-28-1974 by Ord.
No. 74-180]
(1)Â
The name and address of the applicant, if a partnership,
the names and residence addresses of all the partners and, if a corporation,
the names, residence addresses and official titles of the principal officers.
(2)Â
The following information separately stated with respect
to each vehicle used by such applicant in the transportation or delivery of
solid fuel:
C.Â
License fee. A license fee of $5, and for each vehicle
in excess of one, $1 per vehicle in addition thereto, shall be paid to the
Comptroller at the time of filing of such application for each annual period
or fraction thereof. Such license shall be in effect from the date of issuance
to and including the 30th day of April of each year thereafter at which date
it shall expire. Such license may be renewed annually upon proper application
therefor upon the payment of the license fee.
D.Â
License and plates. Upon full compliance with the provisions
relating to the application and upon payment of the fee herein provided, the
Chief of Police shall issue to such applicant a solid fuel trucker license,
together with a metal plate or metal plates on which shall be clearly set
forth the words "solid fuel trucker." The solid fuel trucker license plate
shall be affixed to a conspicuous and indispensable part of the body of such
vehicle. The design or color of the metal plate shall be changed at the beginning
of each license year, which shall be May 1 of each year. It shall be the duty
of the holder of a license for the transportation of solid fuel issued under
the provisions of this section to file with the Chief of Police not later
than February 1 in each year the registration number of such truck for such
year.
[Amended 1-27-1970 by Ord.
No. 70-36; 5-28-1975 by Ord.
No. 74-180]
[Amended 5-11-1954; 1-27-1970
by Ord. No. 70-36; 5-28-1974
by Ord. No. 74-180; 2-14-2006 by Ord.
No. 2006-22]
Any license issued pursuant to this chapter may, in his or her discretion,
be revoked by the Chief of Police on legal proof of the violation of the provisions
of this chapter or of the laws of the State of New York in relation to the
sale or distribution of solid fuel or upon legal proof of any false statement
of any material fact in the written application made by the licensee for the
purpose of procuring a license, and a new or renewal license shall not be
granted to any applicant whose license has been so revoked until after the
expiration of one year from the date of the revocation or thereafter unless
the Chief of Police shall approve the issuance thereof. A licensee whose license
has been revoked by the Chief of Police shall be entitled to a review of certiorari
or other similar proceeding of such revocation. No license issued under the
provisions of this chapter shall be subject to any rebate for any unexpired
portion of the term for which it is issued.
Coal and coke shall be sold by weight. No person shall sell or deliver
or attempt to sell or deliver or offer to sell or deliver or start out for
delivery less than 2,000 pounds by weight to the ton of coal or coke, or a
proper portion thereof in quantities less than a ton, and such coal and coke
shall be duly weighed by a licensed weighmaster of the State of New York,
on stationary scales which have been tested and sealed. A tolerance at the
rate of 30 pounds to the ton shall be allowed for unavoidable wastage and
unavoidable variation in scales.
No person, upon the sale of coal or coke shall deliver or cause to be
delivered or to be started out for delivery any coal or coke without each
lot being accompanied by a weight ticket, and a duplicate thereof, on each
of which in ink, typewriting or indelible pencil there shall be distinctly
expressed in pounds, the net weight of the delivery including the net weight
of each size or kind of coal or coke, the name and address of the purchaser,
the name and address of the seller, the date when weighed, and the full signature
of the licensed weighmaster by whom weighed. One of such tickets shall be
delivered to the purchaser specified thereon at the time of delivery and prior
to unloading, and the other retained by the seller. When coal or coke is sold
in lots of less than 100 pounds, the provisions of this section shall not
apply, provided the coal or coke is delivered in a bag or other container,
plainly and conspicuously marked with the correct weight and size of the contents,
and name of seller.
[Amended 2-14-2006 by Ord. No. 2006-22]
No weighmaster shall issue a weight ticket for any delivery or for each
and every separate delivery of solid fuel unless that vehicle to be loaded
with solid fuel shall have been first weighed to determine the weight of each
vehicle unloaded, but with unusual equipment. The vehicle then shall be loaded
immediately with solid fuel and shall forthwith return to the scales to be
weighed by the weighmaster for gross weight and the net weight then computed
by him or her. The weight tickets shall be numbered serially and consecutively.
Void or canceled weight tickets must be submitted together with all other
weight tickets for the inspection of a weights and measures official on his
or her demand.
[Amended 9-10-1968 by Ord.
No. 68-283; 2-14-2006 by Ord. No. 2006-22]
The Sealer of Weights and Measures of the County of Monroe, or any authorized
deputy, or any weights and measures officials of the state, county or city,
who finds any quantity of coal or coke ready for or in process of delivery,
may direct the person in charge of the coil or coke to convey the same to
an available stationary scale, located within the City of Rochester, New York,
and which has been tested and sealed by the official charged with such testing.
Such official shall thereupon determine the gross weight of the coal or coke
and the vehicle in which it is carried, and shall direct such person in charge
to return to such scales forthwith upon unloading the coal or coke, and upon
such return, the official shall determine the weight of the vehicle without
load. No seller or driver or other person in charge of the vehicle containing
such coal or coke or from which such coal or coke has been unloaded, shall
fail to take the vehicle, upon the direction of the County Sealer of Weights
and Measures or authorized deputy or weights and measures official, to scales
as aforesaid or refuse to permit the coal, coke or vehicle to be weighed by
him or her.[1]
All vehicles used in the transportation of coal or coke shall have conspicuously
marked with permanent letters on the exterior of the right and left sides
thereof, in plain view and easily discernible, the name of the owner, together
with the word "coal" or "coke," or both such words. The letters of the words
"coal" and "coke" shall be at least seven inches in height and not less than
1Â 1/2 inch in width.
A.Â
No licensed weighmaster shall make or issue a false or
incorrect weight ticket, nor shall any person solicit him or her to do so.
[Amended 2-14-2006 by Ord. No. 2006-22]
B.Â
No person shall knowingly use a weight ticket not bearing
the signature of a licensed weighmaster.
C.Â
No licensed weighmaster shall knowingly permit any weight
ticket to be issued or used which purports to bear his or her signature and
was not in fact signed by him or her, or which expresses a weight not ascertained
by him or her.
[Amended 2-14-2006 by Ord. No. 2006-22]
D.Â
No person shall knowingly use a false or incorrect weight
ticket.
E.Â
No person shall alter or change the weight figures on
any weight ticket issued by a licensed weighmaster.
F.Â
No person shall deliver solid fuel in connection with
any retail sale in any vehicle not having securely and conspicuously attached
thereto a solid fuel dealer license plate as provided in this chapter in addition
to the solid fuel trucker license plate.
G.Â
No person shall deliver solid fuel without a weight ticket
except as herein provided.
H.Â
No person shall fail, neglect or refuse to deliver a
correct and lawful weight ticket to the purchaser of solid fuel.
I.Â
No person shall permit any diminution of the load of
solid fuel after the weight has been certified by a weighmaster designated
to weigh solid fuel and before its delivery to the purchaser or purchasers
thereof.
J.Â
No person shall transfer his or her license plates or permit the use thereof by any other person, except that nothing herein contained shall be construed to prevent the use of license plates of a solid fuel dealer as provided in § 101-5 hereof.
[Amended 2-14-2006 by Ord. No. 2006-22]
K.Â
No person shall alter the body of a licensed truck in
such a manner as to change the cubic content of such body, unless and until
a new application which records such new cubic content has been filed with
and approved by the Chief of Police.
[Amended 5-11-1954; 1-27-1970
by Ord. No. 70-36; 5-28-1974
by Ord. No. 74-180]
[Added 9-28-1965]
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, and any violation of this chapter shall be punishable as provided in § 68-15 of said Code.
