[Added 7-15-1996 by L.L. No. 3-1996]
As used in this article, the following terms
shall have the meanings indicated:
As used herein, shall include the singular and the plural
and shall also mean and include any person, firm, corporation, association,
club, partnership, society or any other organization other than a
not-for-profit corporation which is tax exempt under the Internal
Revenue Code as a charitable, educational, religious or cultural organization.
A person who engages or proposes to engage in a transient
retail business.
One conducted in a store, hotel, house, building, structure,
vacant lot or any other property whatever in the Village of Canton,
for the sale at retail of goods, wares and merchandise, excepting
food products, and which is intended to be conducted for a temporary
period of time and not permanently. If the place in which a business
is conducted is rented or leased for a period of six months or less,
such fact shall be presumptive that the business carried on therein
is a transient business.
The purpose of this article is to assist in
the government and management of business of the Village of Canton,
the preservation of good order and for the protection and maintenance
of the health, safety and welfare of Village inhabitants and to prevent
dishonest or unethical business practices within the Village.
No person shall engage in business as a transient
merchant within the Village of Canton unless he shall first have obtained
a license to do so from the Village Clerk. The fee for a transient
merchant's license shall be at the rate of $100 for each thirty-day
period or portion thereof.
A.
An application for a transient merchant's license
shall provide the following information:
(1)
The full name and address of each person applying
therefor.
(2)
If a corporation makes the application, the state
under the laws of which said corporation is organized.
(3)
The exact location of the principal office and place
of business of the applicant.
(4)
The names and addresses of the officers of the business
entity making said application.
(5)
The nature and location of the business engaged in
by the applicant during the five years immediately preceding the filing
of such statement.
(6)
A photostatic copy of the business' registration with
the New York State Department of Taxation and Finance, including the
business' New York State Sales Tax identification number.
(7)
The exact location within the Village where such transient
retail business is to be conducted.
(8)
The date or dates on which such person intends to
conduct business within the Village.
(9)
The applicant's Federal Taxpayer Identification Number,
and copies of appropriate New York State licenses and regulations.
B.
Before such license is issued by the Village Clerk,
the applicant will be required to post a cash deposit of at least
$1,000 with a surety company licensed to do business in this state.
Said bond shall be approved as to form and sufficiency by the Village
Attorney before such license is issued.
C.
The condition of such cash deposit or bond shall be
that said transient merchant will pay all state and local taxes applicable
to his transactions entered into in this Village; that he/she will
well and truly perform any and all contracts, warranties, guarantees
or sales orders made within the Village; and more particularly, that
if said merchant takes orders for merchandise to be delivered at a
future date and accepts payment in part or in full, that he/she will
deliver said merchandise in a satisfactory condition within a period
of four months from the date of said contract, a copy of which contract
or sales order with full particulars is to be delivered to the purchaser
at the time of sale.
D.
There shall be no forfeiture in respect to the four
months' limitation where there is proof the nondelivery was due to
strikes or other extraordinary events beyond the control of said merchant;
however, in such event, the merchant, upon demand, shall promptly
return in full the purchaser's deposit; and if he fails to do so,
the surety will be required to make restitution under said bond.
E.
Any person aggrieved by the action of a person licensed
pursuant to this article shall have a right by action for the recovery
of money or damages, but in no event shall such money or damages exceed
the amount of money paid or the cost of the goods purchased, whichever
is less. The Village of Canton shall not be liable in any way for
any act of a person licensed pursuant to this article. The Village
Clerk, for good cause shown, may require a bond or deposit in excess
of $1,000.
A.
Nothing in this article shall be held to apply to
any of the following:
(1)
Merchants having regular places for the conduct of
business within the Village of Canton.
(2)
Sales conducted pursuant to statute.
(3)
Sales conducted pursuant to the order of any court.
(4)
Any person selling articles at wholesale to dealers
in such articles.
(5)
The peddling of meats, fish, fruit and similar produce
by farmers and persons who produce such commodities or to dealers
in milk, baked goods, heating oil, fuel wood and daily newspapers.
(6)
Any honorably discharged member of the United States
Armed Forces who has procured a license under Article 4 of the General
Business Law of the State of New York.
(7)
Persons soliciting, collecting or operating a sale
on behalf of any bona fide charitable, educational, scientific, health,
religious, patriotic or other organization of worthy causes deemed
to be in the public interest. The fact that the solicitation, collection
or operation of a sale takes place on the physical location of the
organization or institution will not, without more, qualify the persons
so soliciting, collecting or operating the sale to claim the exemption.
To qualify for this exemption, the total proceeds from the sale must
be remitted to the organization or institution for which it is collected.
(8)
Sales conducted by individuals for their own benefit
on or in the residential or agricultural real property owned or rented
by such individuals.
(9)
Any person selling Christmas trees.
(10)
Flea market operators or dealers.
(11)
Sales conducted by persons under the age of
18 years, in an individual capacity, for their own benefit.
B.
This article shall not be construed so as to unlawfully
burden or interfere with interstate commerce.
Any person violating the provisions of this
article shall be guilty of disorderly conduct and, upon conviction
thereof, shall constitute disorderly conduct, punishable by a fine
of not less than $5 nor more than $50 for each offense. In default
of payment of such fine, the person or persons convicted shall be
imprisoned in the St. Lawrence County Jail. Every day that a violation
of this article continues shall constitute a separate and distinct
offense.
Licenses shall expire on the date specified
on the license. Each licensed transient merchant shall be responsible
for displaying his/her license in a conspicuous place at his/her place
of business. A separate license shall be secured for each place of
business.
No license under the provisions of this article
shall be transferred or assigned to any person or used by any person
other than the licensee to whom it was issued, his agents, employees
or duly authorized representatives (all of whom shall have been approved
by the Village Clerk).
