[HISTORY: Adopted by the Board of Trustees
of the Village of Scotia 8-13-1969 as Ch. 2, Art. I, of the 1969 Code of Ordinances. Amendments
noted where applicable.]
GENERAL REFERENCES
Mass gatherings — See Ch. 169.
[Amended 7-11-2007 by L.L. No. 7-2007]
A.
No person shall engage in or conduct a temporary or
transient business of vending, canvassing, soliciting, peddling or
otherwise dispensing merchandise, magazine subscriptions, photography
or other goods or services within the Village of Scotia without first
obtaining a permit therefor, whether such business is conducted by
traveling from house to house; upon the streets, sidewalks or other
public grounds; or from a room, store, office or other place of business
or otherwise. Each location, cart, booth, trailer, vending table,
ride or such vending device shall display a valid vendor permit. Each
vendor working at said location, cart, booth, trailer, vending table,
ride or such vending device shall display on their person a Village
of Scotia vendor permit tag.
B.
All permitted vendors must be at least 18 years old.
Any person working at a location, cart, booth, trailer, vending table,
ride or such vending device shall be in the immediate company of a
permitted vendor. Hours for door-to-door activities under this chapter
shall be restricted to the hours of 9:00 a.m. to 7:00 p.m.
[Amended 8-11-2021 by L.L. No. 6-2021]
C.
Food trucks.
[Added 5-10-2017 by L.L.
No. 1-2017]
(1)
Definitions.
(a)
FOOD TRUCK — A motorized vehicle registered and able
to be operated on the public streets of New York State in which ready-to-eat
food is cooked, prepared, packaged or portioned for sale or distribution.
(b)
FOOD TRUCK VENDOR — The owner or operator or workers
of a food truck or the owner's agent, hereinafter referred to as the
"vendor."
(2)
It
shall be unlawful for a mobile food truck vendor to conduct business
within a public right-of-way.
(3)
A food
truck vendor for a given food truck may obtain a permit pursuant to
this chapter for a maximum of six months in a twelve-month period.
All other zoning requirements for the property must be complied with,
as well as rules and regulations adopted by the Board of Trustees
for food trucks.
[Amended 7-11-2007 by L.L. No. 7-2007]
A.
Application shall be made to the Village Clerk-Treasurer
at least 10 days before such permit shall be effective. The applicant
shall fill out the application giving his or her name, home address,
social security number, drivers' license, other photo identification
or U.S. Visa, name and address of the person or firm by whom he or
she is employed, business tax identification number, the nature and
character of the goods to be sold or services to be rendered and the
name of the last community in which he or she has recently been permitted
for such purpose and any other information requested. The applicant
shall provide the dates of vending and the property upon which the
vending shall occur. Vendor permits or vendor permit tags may be denied
to any person who is deemed to be not of good character or reputation.
B.
Each vendor permit application shall be accompanied
by appropriate documentation issued from Schenectady County such as
a valid Public Health Certificate, certificate from the Sealer of
Weights and Measures, or other county agencies as required by New
York State law or local law.
C.
Each vendor permit application shall be accompanied
by a letter of permission from the property owner where the vending
shall occur if other than public rights of way. Each vendor permit
application shall be accompanied by written permission from the appropriate
Village Board when vending shall occur on Village of Scotia-owned
property. Each vendor permit application shall be accompanied by written
permission from the Scotia Business Improvement District Special Events
Committee when vending shall occur during a Scotia Business Improvement
District event.
[Amended 10-13-1993 by L.L. No. 3-1993; 7-11-2007 by L.L. No. 7-2007]
Each applicant for a vendor permit shall furnish
a liability insurance policy, underwritten by an insurance company
acceptable to the Village of Scotia, naming the Village as an additional
insured on a temporary rider or otherwise, in the amount of $1,000,000.
[Amended 6-14-2000 by L.L. No. 6-2000; 7-11-2007 by L.L. No.
7-2007]
A.
The applicant shall pay a fee according to a fee schedule
established by the Village Board of Trustees. The fee for such permit(s)
and tag(s) shall be prepaid.
B.
The vendor permit fee shall be waived when the applicant
is recognized as: educational group or club, religious, civic or charitable
organization, sports team or club having its home base within the
Town of Glenville. The vendor permit fee shall be waived for applicants
having an established place of business within the Village of Scotia.
C.
The vendor permit tag fee shall not be waived.
[Amended 5-8-1996 by L.L. No. 4-1996; 7-11-2007 by L.L. No.
7-2007]
A.
This chapter shall not apply to sales of newspapers.
B.
The provisions of this chapter shall not apply to
any duly enrolled and approved vendor operating within any farmers'
market program sanctioned by the Village Board of Trustees.
C.
The provisions of this chapter shall not apply to
any established place of business within the Village of Scotia when
vending on property of the primary business.
D.
The provisions of this chapter shall not apply to youths under the age of 18 vending or selling door to door for the purpose of raising funds in support of recognized groups considered under § 232-4 or to subsidize costs of admission or tuition of social or educational youth activities. Youths who qualify for this exemption shall apply for and receive a vendor permit tag at no charge.
[Added 4-9-2014 by L.L. No. 7-2014]
A.
Any owner
or lawful occupant of any residence within the Village who wishes
to prohibit door-to-door commercial solicitation at his or her residence
may register the address of such residence within the Village by completing
a form prepared by the Village, which form may be submitted to the
Village either in person, by mail or on the Village’s website.
B.
The Village Clerk shall maintain a no-solicitation list consisting of all residential addresses that have been registered under Subsection A of this section. The list shall be provided to all persons obtaining a vending permit.
C.
For all addresses registered under Subsection A of this section, all door-to-door commercial solicitation at such address shall be prohibited.
D.
Door-to-door
commercial solicitation shall be prohibited on residential property
which has displayed a sign bearing the words "No Soliciting" or words
of like intent. No solicitor shall remain on the premises after the
owner or occupant thereof shall have requested his departure therefrom.
E.
Neither
the Village nor any of its officers, employees, agents or authorized
volunteers shall be liable to any person for any injuries, damages
or liabilities of any kind arising from or relating to any errors
or omissions that may occur in compiling or maintaining the no-solicitation
list.
[1]
Editor's Note: Former § 232-6, Identification
cards, added 7-12-1983, was repealed 7-11-2007 by L.L. No. 7-2007.
[Added 10-13-1993 by L.L. No. 4-1993]
Any person, firm or corporation violating any
provision of this chapter shall, upon conviction thereof, be punishable
by a fine of not more than $250 or imprisonment for a term not exceeding
15 days, or both.
[Added 4-9-2014 by L.L. No. 7-2014]
A.
Any permit
or tag granted pursuant to the provisions of this chapter may be revoked
by the Village Police Chief only after notice, in writing, and an
opportunity to be heard is given to the permit or tag holder. Written
notice of intent to revoke a license shall be given by registered
or certified mail to the address set forth on the application. The
Village Police Chief may revoke the permit or tag of any holder where:
B.
A permit
or tag shall be confiscated by a member of the Police Department and
suspended until a hearing, if requested, is held. If no hearing is
requested within five days of notice, the permit or tag shall be revoked.
No permit or tag shall be issued to any person whose permit or tag
has been revoked within a period of one year from the date of revocation.
