[HISTORY: Adopted by the City Council of
the City of Geneva as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Food service — See Ch. 180.
[Adopted 7-3-1968 as Ch. 17 of the 1968 Code]
As used in this article, the following terms
shall have the meanings indicated:
A building or store in which or where the person transacts
business and deals in the goods, wares and merchandise he hawks, peddles
or solicits for during regular business hours.
Any person who goes from place to place or house to house
or who stands in any street or public place taking or offering to
take orders for goods, wares or merchandise, or for services to be
performed in the future or for making, manufacturing or repairing
any article or thing whatsoever for future delivery. The term "solicitor"
shall not apply to a person selling milk or newspapers.
Any person, either principal or agent, who, from any vehicle,
or any public street or public place or by going from house to house
or place of business to place of business on foot or by vehicle, sells
or barters, offers for sale or barter or carries or exposes for sale
or barter any goods, wares or merchandise, except milk and newspapers.
A.
Nothing in this article shall be held to apply to
any sales:
(1)
Conducted pursuant to law or by order of any court.
(2)
At wholesale to dealers in such articles.
(3)
By persons under the age of 18 years.
(4)
Of meats, fish, fruit and farm produce by farmers
and persons who produce such commodities.
(5)
By any honorably discharged member of the armed forces
who has procured a license issued by the County Clerk as provided
by the General Business Law of the State of New York.
(6)
By merchants having an established place of business
within the City or their employees for soliciting orders from customers
and delivering the same.
B.
Nonprofit organizations and persons working for such
organizations shall also be exempt. However, such organizations shall
register annually with the City Clerk in the event that they plan
to engage in vending, hawking, peddling or soliciting, and shall indicate
the type of activities to be undertaken and the time when they will
be performed; provided, however, that those who shall be exempt under
the terms of this subsection shall nevertheless register with the
City Clerk before doing any of the acts regulated by this article
and receive from said Clerk a special license indicating that he has
so registered.
It shall be unlawful for any person within the
corporate limits of the City to act as a vendor, hawker, peddler or
solicitor as herein defined without first having obtained and paid
for, and having in force and effect a license therefor.
A.
Any person desiring to procure a license as herein
provided shall file with the City Clerk a written application upon
a form furnished by the City Clerk and shall file at the same time
satisfactory proof of good character. Such application shall give:
(1)
The number and kind of vehicles to be used by the
applicant in carrying on the business for which the license is desired.
(2)
The kind of goods, wares and merchandise he desires
to sell or the kind of service he desires to perform.
(3)
The method of distribution.
(4)
The name, address and age of the applicant.
(5)
The name and address of the person, firm or corporation
he represents.
(6)
The length of time the applicant desires the license.
(7)
Such other information as may be required by the City
Clerk.
B.
If applicable, such application shall be accompanied
by a certificate from the Sealer of Weights and Measures certifying
that all weighing and measuring devices to be used by the applicant
have been examined and approved.
An application for a license as a solicitor
who demands, accepts or receives payment or deposit of money in advance
of final delivery shall also be accompanied by a cash deposit of $1,000
or a surety company bond of $1,000 or other bond secured by sufficient
collateral, said bond to be approved by the City Attorney as to form
and surety conditioned for making a final delivery of the goods, wares
or merchandise ordered or services to be performed in accordance with
the terms of such order or failing therein, that the advance payment
on such order be refunded. Any person aggrieved by the action of any
licensed solicitor shall have a right of action on the bond for the
recovery of money or damages, or both. Such bond shall remain in full
force and effect, and in case of a cash deposit, such deposit shall
be retained by the city, for a period of six months after the expiration
of any such license, unless sooner released by the City Council.
Upon the filing of the application, bond and certificate as provided in the preceding section, the City Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 256-3 signed by said Clerk and setting forth the date of issuance and the effective date of said license, which latter date shall be three days after the date of issuance counting the date of issuance as the first day. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
A license shall not be assignable. Any holder
of such license who permits it to be used by any other person, and
any person who uses such license granted to any other person shall
each be guilty of a violation of this article.
Whenever a license shall be lost or destroyed
on the part of the holder or his agent or employee, a duplicate in
lieu thereof, under the original application and bond, may be issued
by the City Clerk upon the filing with him by the licensee of an affidavit
setting forth the circumstances of the loss, and what, if any, search
has been made for its recovery.
[Added 8-2-2023 by Ord. No. 7-2023[1]]
All licenses shall be numbered in order of issuance
and shall state clearly the kind of vehicle to be used, the kind of
goods, wares and merchandise to be sold or service to be rendered,
the number of the license, the date of issuance and expiration of
the license, fee paid and the name and address of the licensee.
[1]
Editor's Note: This ordinance also repealed former § 256-9,
Licenses to be issued from book.
Such licenses shall automatically expire on
December 31 following the date of issuance of such licenses, but such
licenses may specifically state and provide for an earlier expiration
date.
Such license shall include the right to use
only one vehicle in carrying on the business for which the person
is licensed. No license shall be granted to a person under 18 years
of age. No applicant to whom a license has been refused or who has
a license which has been revoked shall make further application until
a period of at least six months shall have elapsed since the last
previous rejection or revocation, unless he can show that the reason
for such rejection no longer exists. Every licensee, while exercising
his license, shall carry the license with him and shall exhibit the
same upon demand.
[Amended by Ord. No. 79-12, eff. 7-11-1979; 5-1-2002 by Ord. No. 3-2002]
The City Clerk may, at any time, for a violation
of this or any other ordinance or any law, revoke any license. When
a license shall be revoked, no refund of any unearned portion of the
license fee shall be made. Notice of such revocation and the reason
or reasons therefor in writing shall be served by the City Clerk upon
the person named in the application or by mailing the same to the
address given in the application.
A.
It shall be unlawful for any person to enter upon
private property for the purpose of peddling or soliciting before
the hour of 9:00 a.m. of any day or after the hour of 7:00 p.m. of
any day except upon the invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor
in plying his trade to ring a bell or knock upon or enter any building
within the downtown business district or enter any building or home
wherein there is painted or otherwise affixed or displayed to public
view any sign containing any or all of the following words: "No Peddlers,"
"No Solicitors," "No Agents"; or any other wording, the purpose of
which purports to prohibit peddling or soliciting on premises.
[Amended 1-5-1994 by Ord. No. 94-2]
C.
No peddler or solicitor shall peddle, vend or sell
his goods or wares within 200 feet of any place occupied exclusively
as a public or private school or for school purposes, nor shall he
permit his cart, wagon or vehicle to stand on any public highway within
said distance of such school property.
D.
No peddler or solicitor shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered
for sale. No person shall by any trick or device or by any false representation
obtain or attempt to obtain admission to the house or building of
any person in the city.
E.
No peddler or solicitor shall blow a horn, ring a
bell or use any other noisy device to attract public attention to
his wares, or shout or cry out his wares.
F.
No sidewalk or street vendors shall be permitted unless
they own commercial property or operate an established place of business
in the City and locate their vending site on or immediately adjacent
to said commercial property or established place of business.
[Amended 1-5-1994 by Ord. No. 94-2]
G.
No private, for profit vendors associated with a City
authorized festival or special event shall be permitted unless approved
by the City Manager.
[Added 1-5-1994 by Ord. 94-2]
All orders taken by licensed solicitors who
demand, accept or receive payment or deposit of money in advance of
final delivery shall be in writing made in duplicate, stating the
terms thereof and the amount paid in advance, and one copy shall be
given to the purchaser at the time the deposit is paid to the solicitor.
It shall be the duty of the City Clerk to keep
a record of all applications and of all licenses granted under the
provisions of this article giving the number and date of each license
fee paid and the date of revocation of all licenses revoked.
[Amended by Ord. No. 72-12, eff. 7-5-1972]
[Adopted 7-3-1968 as Ch. 24 of the 1968 Code]
As used in this article, the following terms
shall have the meanings indicated:
One conducted in a store, hotel, house, building or structure
for the sale at retail of goods, wares or 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 evidence that the business carried on therein
is a transient business.
A tax is hereby levied upon all persons conducting
a transient retail business in the city. Such tax shall be based upon
the gross amount of sales made by such person during the year in which
such business is conducted and shall be at the same rate as other
taxable real and personal property is taxed for the year in the city.
If at any time such tax becomes due and payable, the tax rate of the
City for the current year has not been fixed, such rate shall be estimated
by the Assessor. Such tax shall be due and payable immediately upon
the expiration of the permit hereinafter mentioned or immediately
upon the termination of such business, if the same is terminated prior
to the expiration of such permit, and shall be paid to the City Comptroller.
No person shall engage in, manage or conduct
a transient retail business in the City unless a permit for the carrying
on of such business as herein provided for shall have been obtained
and shall be in force.
A.
Every person desiring to conduct a transient retail
business in the City shall present to the City Manager a verified
application setting forth the following facts:
(1)
The name and place of residence of the person desiring
to conduct such business.
(2)
The place where and the time during which such business
is to be conducted.
(3)
The name of the person who will be in personal charge
of such business.
(4)
A description of the kind of merchandise in which
such person proposes to deal.
B.
Such application shall also have annexed thereto a
consent and agreement, duly acknowledged, that, if the applicant shall
fail or neglect to file at the proper time any verified report of
gross sales, as herein required, the City Clerk may estimate the amount
of such gross sales for the period for which such report shall not
have been filed and that the amount so estimated shall be deemed the
amount of gross sales for such period for the purpose of computing
the tax herein provided for.
Every person shall present to the City Manager
with such application a bond with a sufficient surety or sureties
in the penalty of $500, conditioned that the person to whom such permit
is granted will pay the tax imposed by this article when due and that
he will obey all the provisions of this article. Before any permit
is issued, such bond must be approved by the City Manager as to the
sufficiency of the surety or sureties and by the City Attorney as
to form and must be filed with the City Clerk.
Every person receiving such permit shall on
Monday of each week after receiving such permit file with the City
Clerk a verified report of the gross sales made in such business during
the week preceding the filing of such report. In case that any such
person shall fail to file such report when due, the City Manager may,
in his discretion, immediately revoke the permit granted to him.
