[HISTORY: Adopted by the Town Board of the Town of Southeast 11-15-1990 by L.L. No. 5-1990. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 103.
It is the intent of this chapter to establish reasonable restrictions and procedures for the outdoor sale of Christmas trees and related holiday decorations in the Town of Southeast, New York.
It shall be a violation of this chapter for any person to store or sell Christmas trees and related holiday decorations in the Town of Southeast without having a license therefor.
It shall be a violation of this chapter for any owner to allow his property to be used for the outdoor storage and sale of Christmas trees and related holiday decorations by any person or persons who do not have a license therefor.
All applications for licenses that allow the outdoor storage and sale of Christmas trees and related holiday decorations shall be made to the Town Zoning Enforcement Officer on a form prescribed by the Town Board.
The application shall be accompanied by a plan, drawn to scale, showing the general location of the lot where such storage and sales of trees and related holiday decorations are to take place and also showing provisions for site access and parking, together with the written consent of the owner of the lot.
Within 10 days after the application has been fully submitted, the Zoning Enforcement Officer shall approve, with conditions, said application and issue a temporary license or disapprove the application. If the application is disapproved, the Zoning Enforcement Officer shall state his/her reasons for disapproval, in writing.
Any applicant may appeal the decision of the Zoning Enforcement Officer to disapprove such application to the Town Board, who shall either affirm the decision of the Zoning Enforcement Officer or approve the application with conditions.
The application shall be accompanied by a nonrefundable processing fee, plus a site restoration deposit as set forth in the Town of Southeast Fee Schedule. These fees shall be collected by the Town Clerk. The site restoration fee shall be refunded in full within one week after termination of the license if the lot on which the trees were sold has been cleaned up and restored to a condition that existed prior to the temporary sale, as determined by the Zoning Enforcement Officer, or refunded in full if the application is disapproved. In the event that the site is not restored to its prior condition within one week after termination of the license, the site restoration fee shall be forfeited to the Town of Southeast.
Editor's Note: Said Fee Schedule is on file in the office of the Town Clerk.
The outdoor sale may be permitted on any commercial lot in the Town of Southeast, New York, or on any property owned by a not-for-profit or philanthropic organization.
The Zoning Enforcement Officer shall approve an application and issue a license if the lot is suitable for the sale in terms of vehicular access, parking and pedestrian safety. For built-up lots, the Zoning Enforcement Officer shall also make certain that other uses on the lot will permit vehicular access and parking, if such sales are also permitted on the lot.
The license may be revoked at any time if the licensee deviates from the plan as submitted and/or if the sale is deemed to create a public health or safety hazard. If the license is revoked, all sales shall be terminated immediately and shall not be permitted until the licensee complies with the plan and the Zoning Enforcement Officer is satisfied that all safety and health hazards are eliminated.
All licenses shall commence on November 15 and shall terminate on December 30.
Any person committing an offense against any provision of this chapter shall be guilty of a violation and shall be punished by a fine of not less than $100 per day up to a maximum of $1,000 in addition to the loss of such applicant's site restoration deposit.
This chapter shall not apply to garden shops, florists or nurseries which are open for business during the other parts of the year.