[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.
All licenses shall be issued from a properly bound book with proper
reference stubs kept for that purpose, numbered in that order in which they
are issued 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 his license, the date of issuance and expiration of the license,
fee paid and the name and address of the licensee.
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.
