[HISTORY: Adopted by the City Council of the City of Newburgh 5-27-2008 by Ord. No.
6-2008;[1] amended in its entirety 2-25-2013 by Ord. No. 2-2013. Subsequent amendments
noted where applicable.]
It shall be unlawful for any person or organization who or which
has not been issued a license as a peddler under this chapter to engage
in business as a street vendor, peddler, canvasser or solicitor, selling
wares or services from or by means of a vehicle, trailer, cart, pushcart,
wagon, mobile platform, table or other means of carrying, displaying,
offering or serving same; or using public streets or sidewalks or
other public property or calling at residences without the previous
consent of the occupant or owner for the purpose of soliciting orders,
sales, subscriptions or business of any kind or seeking donations
to or alms for any church, charity or private institution whatsoever
or selling or distributing any ticket or chance whatsoever without
first having obtained a license of a peddler under this chapter; or
calling at commercial, manufacturing or industrial places of business
without the previous consent of the owner or occupant for the purpose
of seeking donations to or alms for any church, charity or private
institution or selling or distributing any ticket or chance whatsoever
without first having obtained a license as a peddler this chapter;
provided that any home solicitation by charitable or political organizations,
or other activity subject to regulation hereunder, as those activities
are defined by law and/or described herein, shall be exempt from the
provisions of this chapter so long as they shall meet all other lawful
requirements and be exempted herefrom by force or authority of superior
law, rule or regulation, including but not limited to the Constitution
of the United States and the Constitution of the State of New York.
A.
It shall be unlawful for any person to engage in the business of vendor or peddler as defined in §§ 223-1 and 223-3 of this chapter within the corporate limits of the City of Newburgh without first obtaining a valid permit and license therefor as provided herein. No invalid, expired, suspended, revoked, altered or counterfeit licenses shall be possessed, used, represented or displayed by any person, or purported to be valid for any reason, whether in connection with peddling and soliciting or otherwise.
B.
The City Clerk shall be the licensing officer and commissioner of
licenses as provided in the General Business Law of the State of New
York and shall keep a record of all licenses and the status thereof.
A.
CANVASS or SOLICIT
CITY
DECIBEL (dB)
FALSE, FRAUDULENT, MISREPRESENTATION, INACCURATE or MISLEADING
(1)
(2)
(3)
(4)
(5)
(6)
FOOD
FOOD SERVICE ESTABLISHMENT
MOBILE FOOD VEHICLE
MOBILE FOOD VEHICLE VENDOR ("MFVV")
PERSONAL CONTACT
POLITICAL ORGANIZATION
PUBLIC SPACE and PUBLIC STREETS
RELIGIOUS OR CHARITABLE OR EDUCATIONAL ORGANIZATION
VENDOR or PEDDLER
As used in this chapter, the following terms shall have the meanings
indicated:
To make or seek to make personal contact with another, either
on the highways or streets of this City or on public or private property
other than his own, for the purpose of raising funds for, supporting
goals of or recruiting new members into a religious, charitable, educational,
or political organization or participating in a political campaign
on behalf of any candidate for public office.
The City of Newburgh, of the State of New York, unless otherwise
specified.
A unit for measuring the volume of sound, equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
20 micronewtons per square meter.
Representations that goods have manufacture, sponsorship, approval,
accessories, characteristics, ingredients, uses, benefits or quantities
that they do not have; the supplier or manufacturer has a sponsorship,
approval, status, affiliation or connection that he does not have;
goods are original or new if they are deteriorated, altered, reconditioned,
reclaimed or secondhand; or goods are of particular standard, quality,
grade, style or model if they are of another; and/or
The use, in any oral or written representation, of exaggeration,
innuendo or ambiguity as to a material fact if such use deceives or
tends to deceive; and/or
Disparaging the goods, services or business of another by false
or misleading representations of material facts; and/or
Offering goods with intent not to sell them as offered; and/or
Making false or misleading representations of fact concerning
the reasons for, existence of or amount of price reductions, or price
in comparison to prices of competitors or one's own prices at a past
or future time; and/or
Falsely stating the reasons for offering or supplying goods
at sale or discount prices.
Any raw, cooked or processed edible substances, beverages,
ingredients, condiments, ice or water used or intended for use or
for sale in whole or in part for human consumption.
A place where food is prepared and intended for individual
portion service and includes the site at which the individual portions
are provided, whether consumption occurs on or off the premises. The
term excludes food processing establishments, retail food stores,
private homes where food is prepared or served for family consumption,
and food service operations where a distinct group mutually provides,
prepares, serves and consumes the food limited to a congregation,
club or fraternal organization.
[Added 5-28-2020 by Ord.
No. 5-2020]
A commercially manufactured, self-contained, mobile unit
in which ready-to-eat food is cooked, wrapped, packaged, processed,
prepared or portioned for service, sale or distribution; or one in
which beverages are brewed, blended, chilled, bottled, portioned,
poured, or prepared for service, sale or distribution.
[Added 5-28-2020 by Ord.
No. 5-2020]
The owner of a mobile food vehicle or the owner's agent.
[Added 5-28-2020 by Ord.
No. 5-2020]
The face-to-face canvassing or solicitation of a person by
another. Mail and telephone contact does not require registration
or wearing an identification badge under this chapter.
An organization, a substantial part of the activates of which
is carrying on propaganda or otherwise attempting to influence legislation
or participating in any political campaign on behalf of any candidate
for public office.
All publicly owned property between the private property
lines on a street as such property lines are shown on City records,
including, but not limited to, a park, plaza, roadway, shoulder, tree
space, sidewalk or parking space between such property lines. It shall
also include, but not be limited to, publicly owned or leased land,
buildings, piers, wharfs, stadiums and terminals.
An organization granted tax exemption by the Internal Revenue
Service of the United States Treasury Department.
Includes any person traveling by foot, wagon, automotive
vehicle or any other type of conveyance from place to place, from
house to house or from street to street, carrying, conveying or transporting
goods, wares, merchandise, clothing, products, items for sale, meats,
fish, vegetables, fruits, garden truck, farm products or provisions,
offering and exposing the same for sale or making sales and delivering
articles to purchasers, or who, without traveling from place to place,
shall sell or offer the same for sale from a wagon, cart, pushcart,
table, platform, automotive vehicle, trailer, railroad car or other
vehicle or conveyance or other stationery location on a public street,
sidewalk or other location on City-owned property normally used for
public accommodation or travel, and further provided that one who
solicits orders and as a separate transaction makes deliveries to
purchasers as a part of a scheme or design to evade the provisions
of this chapter shall be deemed a vendor or peddler, subject to the
provisions of this chapter. The word "peddler" shall include the words
"vendor," "street vendor," "hawker" and "huckster" and other such
words carrying or conveying the same meaning and understanding and
addressing the same activities described thereby.
B.
The use of any pronoun shall be deemed to include both the masculine
and the feminine, and the singular and plural, as the sense and meaning
thereof shall appropriately require.
A.
Applicants for permits and licenses under this chapter must file
with the City Clerk a sworn application, in writing, in duplicate,
on a form to be furnished by the City Clerk, which shall give and
provide the following information:
(1)
The name and a description of the applicant and date of birth.
(2)
The applicant's legal permanent and local business and residence
addresses, telephone number(s) for home and business and cellular
telephones, and e-mail and other means of electronic communications.
(3)
A description of the nature of the business and the goods to be sold
and, in the case of products of a farm or orchard, whether produced
or grown by the applicant and, if not, the name, address and telephone
number of the producer or grower.
(4)
If employed by another, the name and address and telephone number and other information specified in Subsection A(2) hereinabove of the employer, together with credentials establishing the exact relationship.
(5)
The length of time for which the right to do business is desired.
(6)
If a wagon, cart, platform, trailer, vehicle or other method or device
is to be used, a description of the same, together with the license
number or other means of identification thereof.
(7)
If a source of power or energy is to be used in the conduct of the vending, a description of same; and a document from the City Code Compliance Department and/or Fire Department indicating its review and approval of same, pursuant to § 223-13.
(8)
Two identical photographs of the applicant, taken within 60 days
immediately prior to the date of the filing of the application, which
pictures shall be two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner. One such photograph
shall remain on file with the application in the records of the City
Clerk, and one shall be permanently affixed to the permit issued by
the City.
(9)
The fingerprints of the applicant.
(10)
A statement as to whether or not the applicant has been convicted
of or pleaded guilty to any crime, misdemeanor or violation of any
federal, state or municipal ordinance, the date(s) of any and all
such convictions, the nature of the offense and the punishment or
penalty assessed therefor.
(11)
A statement whether any license similar to or like that provided
in this chapter was issued or denied to the applicant within the current
or any prior year, whether in the City of Newburgh or elsewhere, and,
if issued, whether such license had been revoked or suspended, setting
forth the reasons for said revocation or suspension.
(12)
If the applicant is applying for a renewal of a license issued
in the year immediately preceding the year of such application, or
if the applicant has ever been licensed by the City within the past
five years of such application as a vendor or peddler, the applicant
shall submit with such application records showing the following:
proof of payment of New York State sales tax for the most-recent prior
such year for which the applicant was licensed by the City.
B.
If the applicant is offering food for sale under this chapter, he
shall file with his application a statement by a physician licensed
by the State of New York, dated not more than 10 days prior to submission
of the application, certifying the applicant to be free of infectious,
contagious or communicable disease.
C.
At the time of filing the application, a nonrefundable application fee as set forth in Chapter 163, Fees, of this Code shall be paid to the City Clerk to cover the cost of investigation and other City administrative costs relating to same.
D.
If the applicant and the activity regulated hereunder is also subject
to the Health and Sanitary Code administered by the Orange County
Department of Health, or to any other applicable law, code, rule,
regulation or permit condition, he must submit satisfactory proof
of compliance with all such, including, but not limited to, the proper
issuance of any permits required, copies of which shall be provided
to the City as part of the application required hereunder.
E.
Whenever any information provided on the application for a license
or for a renewal thereof has changed, the applicant and/or licensee
shall notify the City Clerk of all such changes within 10 days thereof.
Each licensed vendor shall notify the City Clerk within 10 days if:
(1)
He has committed or been found by a court to have committed one or
more violations of any of the provisions of this chapter on separate
occasions; or
(2)
He has failed to answer a summons, appear for a hearing or pay a
fine imposed by a court for violation of this chapter within 30 days
of its due date.
F.
The applicant shall submit proof of a valid, current certificate
of authority from the New York State Department of Taxation and Finance
to collect sales tax on all sales subject thereto by law.
G.
The applicant shall provide proof of certification and approval by
the County Sealer of Weights and Measures of all scales and measuring
devices used by the applicant in the conduct of business.
A.
Upon receipt of such application, the original shall be referred
to the Chief of Police and the Fire Chief, who shall cause such investigation
of the applicant's business and moral character to be made as they
deem necessary for the protection of the public good.
B.
If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Chief
of Police and/or the Fire Chief shall endorse on such application
his disapproval and his reasons for the same and return the application
to the City Clerk, who shall notify the applicant that his application
is disapproved and that no permit and license will be issued. The
applicant shall be entitled to receive, upon request, a copy of such
disapproval.
C.
If, as a result of such investigation, the character and business
responsibility of the applicant are found to be satisfactory, the
Fire Chief may endorse the application and forward same to the Chief
of Police, who may endorse on the application his approval, execute
a permit addressed to the applicant for the carrying on of the business
applied for and return said permit, along with the application, to
the City Clerk, who shall, upon payment of the prescribed license
fee, deliver to the applicant his permit and issue a license. Such
license shall contain the signature and seal of the issuing officer
and shall show the name, address and photograph of said licensee,
the class of license issued and the kind of goods to be sold thereunder,
the amount of fee paid, the date of issuance and the length of time
the same shall be operative, as well as the license number and other
identifying description of any vehicle used in such peddling. The
Clerk shall keep a permanent record of all licenses issued.
B.
Basis for fees. For the purpose of this chapter, the full yearly
or seasonal amount will be due during any period of time during the
course of a calendar year. There shall be no prorated fees.
C.
Any and all licenses issued hereunder shall expire on December 31
of the year in which same were issued.
A.
The following activities are excepted and/or exempt from the provisions
of this chapter related to licensing and fees:
(1)
The sale of farm or garden produce by the actual farmer or grower.
(2)
The door-to-door delivery or sale of newspapers, milk, bakery goods,
eggs and cream along a regularly established route.
(3)
The activities of nonprofit, charitable or other organizations or
individuals who are holding fairs or other similar functions on City
property with the permission of the City Manager for a definite short
period of time and/or as same may be authorized by the City under
the terms of a special event or permit and/or as authorized under
the provisions of the City Code. For purposes of this regulation,
a nonprofit association shall be deemed to be any governmental agency;
any charitable, educational, religious or political organization or
any association incorporated in accordance with or subject to the
provisions of the New York Not-For-Profit Corporation Law; or any
other organization or association which does not exist for purposes
of pecuniary profit or financial gain and no part of the assets, income
or profit of which is distributable to its members, directors or officers.
(4)
Persons with a bona fide affiliation with a street fair, block party
or festival (hereafter "street fair"). For purposes of this regulation,
a street fair is any event in a public space for which all permits
required by law in order for the event to be held have been obtained
from the appropriate City agencies by the association sponsoring same.
A "bona fide affiliation" shall be deemed to mean residence on the
block on which the fair is taking place, in the case of a fair sponsored
by a block association; or membership in the association, where the
association does not have as its sole function the sponsorship of
street fairs. Any nonprofit association, as defined herein, holding
a street fair, and any person who operates as a general vendor at
such street fair, is exempted from the provisions of this chapter
relating to licensing and fees, as long as:
(a)
The person has a bona fide affiliation with the sponsor of the
street fair, is not acting as a general vendor other than at a street
fair and is making a contribution to the sponsoring association through
participation in the street fair; or
(b)
The person who sells or offers to sell goods or services has
a location during the fair on the street or sidewalk in front of a
store normally maintained by that person. The sponsoring association
must submit to the City Clerk, Police, Fire, and Code Enforcement
Offices a copy of any permits required by the Orange County Department
of Health under the Health and Sanitary Code and a certification,
which shall include the name and address of each person qualifying
for the exemption, prior to the opening of the street fair.
(5)
Any activity which is exempt to such extent or degree from the provisions
of this chapter by the terms, force or effect of superior law, rule,
regulation or authority, including, but not limited, to the Constitution
of the United States and the Constitution of the State of New York.
B.
No exception provided for hereunder shall be deemed to be an exception
or waiver of any other requirement or condition imposed by any other
provision of any law, code, rule or regulation of the City or of any
other agency with jurisdiction thereover.
C.
Registration and identification badge required. Any person who wishes
to canvass or solicit for a religious, charitable, educational or
political organization or on behalf of any candidate for public office,
either on public or private property within the City, must first register
with the City Clerk and must thereafter wear an identification badge
when canvassing or soliciting.
A.
No license issued under the provisions of this chapter shall be used
at any time by any person other than the one to whom it was issued
and whose picture appears thereon, nor shall any vendor or peddler
allow any other person to carry on or conduct the business of vending
from, of or with the goods, vehicle, pushcart or stand used by or
belonging to such licensee.
B.
Each vendor licensed hereunder shall be allowed to employ up to two
assistants to assist such vendor in his operations. The license issued
to such vendor shall allow such assistants to assist in such vendor's
operations; such assistants shall not be required to be separately
and individually licensed. Such licensed vendor shall be fully and
completely responsible for all acts of such assistants, and the acts
of such assistants shall be considered the acts of the licensee for
the purposes of enforcement of this chapter. While acting as assistant
to the licensed vendor, such person shall remain no farther than 15
feet from the location of such vendor.
[Amended 5-28-2020 by Ord. No. 5-2020]
A.
General provisions.
(1)
It shall be unlawful for any person to operate a mobile food vehicle
within the public space or public streets within the City of Newburgh
without first having obtained a valid mobile food vending license
as prescribed in this article. Operation of a mobile food vehicle
on private property shall continue to be regulated and prohibited
in accordance with all applicable provisions of the City Code.
(2)
It shall be unlawful for a MFVV to park, stand, or operate in a location
which is:
(a)
Within 25 feet of a sidewalk corner;
(b)
Within 25 feet of a street intersection;
(c)
Within 25 feet of an area operating pursuant to a valid sidewalk
cafe permit;
(d)
Within 1,000 feet of the boundary line of any fair, carnival, circus, festival, special event or civic event that is licensed or sanctioned by the City, except when the vendor has obtained a permit to so operate from the City in accordance with Chapter 110 of the City of Newburgh Code of Ordinances;
(e)
Within 10 feet from other parked vehicles in the front and rear
of the MFVV;
(3)
Each and every MFVV must at all times carry on the vehicle a "measuring
wheel" with a measuring capacity of no less than 500 feet as a condition
of its licensure. The failure of any MFVV to carry such a "measuring
wheel" or abide by the proximity distance restrictions included in
this article shall constitute a violation of this article.
(4)
All MFVVs must abide by all parking and vehicle and traffic laws,
ordinances, rules and regulations at all times, except that a mobile
food vehicle that is of such a length that it occupies all or a portion
of two vehicle parking spaces may park in said spaces so long as it
abides by all other City parking requirements.
(5)
No MFVVs shall attach or have attached any flashing or revolving
light or lights on a vehicle used in aid of the mobile food vendor's
business.
(6)
MFVVs are prohibited from using tangible City property meant for
public use to enhance their business. Such City property includes,
but is not limited to, picnic tables and garbage cans.
B.
Mobile food vehicle requirements. All mobile food vehicles must comply
with the following:
(1)
Make available for inspection each vehicle to the Fire Department
to determine that the vehicle meets the current standards of the New
York State Uniform Fire Prevention and Building Code.
(2)
Affix side-by-side, in a conspicuous location on the mobile food vehicle where it may be readily observed by all patrons, its license for food service issued by the Orange County Department of Health and its license for operation in the City of Newburgh, as prescribed in § 223-9C.
(3)
Any signage must be permanently affixed to the mobile food vehicle.
No accessory signage shall be placed outside or around the mobile
food vehicle.
(4)
Be equipped with trash receptacles of a sufficient capacity that
shall be changed as necessary to prevent overflow or the creation
of litter or debris.
(5)
Not exceed 10 feet in width or 40 feet in length.
(6)
Have a serving window that shall be adjacent to the sidewalk when
parked.
(7)
If equipped with an engine or generator, said engine or generator must operate in accordance with § 223-13.
(8)
Receive inspection and approval from the Fire Department for all
fuel storage and diesel or propane generators, including those fueled
directly from a vehicle fuel tank.
(9)
No more than two 100-pound propane tanks are allowed (200 pounds
aggregate).
(10)
No storage or use of LPG cylinders or tanks shall be allowed
within the vehicle at any time. Any generator or LPG storage compartments
located on the exterior of the vehicle must be enclosed, with venting
to the exterior and must not allow any venting to the interior of
the vehicle.
(11)
Have a bumper that extends beyond the compartment to provide
added impact protection if an LPG storage compartment is located on
the rear of the truck.
(12)
Be properly placarded to indicate the storage of any combustible
or flammable gases.
(13)
Comply with New York State Department of Transportation ("NYSDOT")
standards if a belly tanks is installed and/or located within the
truck body frame for additional structural protection.
(14)
Be equipped with "Class 1 Commercial" kitchen hoods and suppression
systems for any vehicle with a grill, stove, or fryolator.
(15)
Be equipped with an eight-inch noncombustible splash shield
when a grill, stove, or fryolator are adjacent to each other.
(16)
Affix a sticker in a conspicuous location that indicates a cleaning
and service of the hood and exhaust systems within the past 365 days
measured from the date of inspection.
(17)
Have all piping, interior gas appliances and commercial kitchen
hood suppression systems be professionally installed by a licensed
plumber and permitted through the City of Newburgh Plumbing Inspector.
"Flex pipe" shall be allowed from the LPG tank to a regulator, but
the regulator to the appliance must be "hard piped" by a licensed
City of Newburgh plumber.
(18)
Be equipped with a Class K extinguisher of sufficient size and
a 20 BC extinguisher installed inside the vehicle.
(19)
Be equipped with NSF/ANSI or equivalent certified hand washing
sinks, with capacity for tempered hot/cold water under pressure, and
soap and towels with splash guards.
(20)
Be equipped with NSF/ANSI or equivalent certified three-compartment
sinks with integral drain boards, and with capacity for tempered hot/cold
water under pressure.
(21)
Have interior lighting with a minimum of 35 footcandles of light
on the preparation, hand washing sink, and three-compartment sink
surfaces.
(22)
Have a fifteen-gallon fresh water supply, a water heater that
provides no less than 10 gallons per hour of 120° F. (+2°) of hot water, and a waste water tank that is
at least 15% larger than the combined capacity of fresh and hot water
tanks.
(23)
Comply with NFPA 96 standards for ventilation control and fire
protection of commercial cooking operations.
C.
License required; additional application requirements.
(1)
In addition to the requirements set forth in § 223-4, any person desiring to operate a mobile food vehicle shall provide the following information:
(a)
Name, address, phone number, email address, and signature of
the owner (if a natural person) of the mobile food vehicle, or the
same information for any business entity and any officer or member
of the business entity that owns the mobile food vehicle.
(b)
If the applicant is a business entity, the name and address
of its registered agent.
(c)
Names, addresses, email addresses, and phone numbers of all
individuals who will operate the mobile food vehicle, either to drive
the mobile food vehicle to a particular location, or to prepare or
sell food to the public.
(d)
A valid copy of all licenses, permits or certificates required
by the County of Orange, the State of New York or any subsidiary enforcement
agencies or departments thereof.
(e)
A valid copy of New York State Department of Motor Vehicles
registration and certificate of inspection and valid driver's
licenses of all vehicle operators.
(f)
Address used for the base of operations for all cleaning, disposal
of wastewater, and mobile food vehicle servicing operations.
(g)
A signed statement that the vendor shall hold harmless the City
and its officers and employees, and shall indemnify and hold harmless
the City and its officers and employees for any claims for damage
to property or injury to persons which may be occasioned by any activity
carried on under the terms of the license.
(2)
The vendor shall furnish and maintain such public liability, food
products liability, and property insurance, as will protect the vendor
and the City from all claims for damage to property or bodily injury,
including death, which may arise from the operations under the license
or in connection therewith. Such insurance shall provide coverage
of not less than $500,000 per occurrence. The policy shall further
provide that it may not be canceled except upon 30 days' written
notice served upon the City Clerk.
(3)
All license applicants shall submit to a Newburgh Police Department background check for criminal convictions that the City Council has deemed related to the proposed activity. A license application shall be denied if the Chief of Police, upon review of a criminal background check, determines that any mobile food vehicle operators, as defined in § 223-9C(1)(c) have been convicted of:
(a)
Any felony in the 10 years preceding the date of the application
for a crime involving: theft, fraud, the sale of marijuana, the sale
of controlled substances, or an alcohol-related offense; or
(b)
Any misdemeanor in the five years preceding the date of the
application for a crime involving: theft, fraud, the sale of marijuana,
the sale of controlled substances, or an alcohol-related offense;
All peddlers and vendors must adhere to and comply with Chapter 212, Noise, of the Newburgh City Code.
A.
No vendor or peddler shall have any exclusive right to any location
in the public streets, nor shall one be permitted a specified stationary
location, nor shall be be permitted to operate in any congested area
where his operations reasonably would or might impede or inconvenience
the public or cause congestion or public disorder or block or impede
the free flow of pedestrian or vehicular traffic. For the purpose
of this chapter, the judgment of a police officer or other City officer
or official charged with the duty or possessing the authority to enforce
the City Code and any applicable laws, rules or regulations, exercised
in good faith, shall be deemed conclusive as to whether the area is
congested or the public is impeded or inconvenienced or the use made
by the vendor or peddler is contrary to the provisions hereof. Such
officer or official shall have the authority to compel any vendor(s)
or peddler(s) to move to a different location in order to relieve
congestion or otherwise resolve any disputes and restore calm and
order at any public location.
B.
No vendor or peddler shall engage in any vending business on any
sidewalk unless such sidewalk has at least an eight-foot-wide clear
pedestrian path, to be measured from the boundary of any private property
to any obstructions in or on the sidewalk or, if there are no obstructions,
to the curb. In no event shall any pushcart or stand be placed on
any part of a sidewalk other than that which abuts the curb.
C.
No vendor or peddler shall occupy more than 25 linear feet of public
space parallel to the curb in the operation of a vending business;
and, in addition, no vendor or peddler operating any vending business
on any sidewalk shall occupy more than four linear feet, to be measured
from the curb toward the property line.
D.
No vending vehicle, trailer, pushcart, stand, goods or any other
item related to the operation of a vending business shall touch, lean
against or be affixed permanently or temporarily to any building or
structure, including, but not limited to, lampposts, parking meters,
mailboxes, traffic signal stanchions, fire hydrants, tree boxes, benches,
bus shelters, refuse baskets or traffic barriers.
E.
A vendor or peddler shall not place a vehicle, trailer, pushcart
or stand, or conduct a general vending business, at a location in
the roadway where stopping, standing or parking is prohibited or during
a time period when stopping, standing or parking is restricted.
F.
A vendor or peddler shall not place a vehicle, trailer, pushcart
or stand, or conduct a general vending business, in the roadway in
a metered parking space unless such vendor has complied with the coin
requirements of such meter. A vendor or peddler shall not remain in
a metered parking space for a period of time in excess of the maximum
time permitted at such space. A vendor or peddler shall not allow
any vehicle, stand, platform or other device used to display or carry
wares, food, merchandise or other products for sale to extend beyond
the delineated limits of such parking space.
G.
A vendor or peddler shall not place a vehicle, trailer, pushcart
or stand or conduct a general vending business in the roadway within
15 feet of a fire hydrant or within a safety zone.
H.
No vending pushcart, trailer, stand or goods shall be located against
display windows of a fixed-location businesses, nor shall they be
within 20 feet from an entranceway to any building, store, theater,
movie house, sports arena or other place of public assembly.
I.
No vendor or peddler shall vend within any bus stop or taxi stand,
or on the sidewalk immediately adjacent thereto, or within 10 feet
of a crosswalk at any intersection or within 10 feet of any driveway.
J.
Each vendor or peddler vending from a pushcart, trailer or stand
in a street or roadway shall obey all traffic and parking laws, rules
and regulations as now exist or as may be promulgated, but in no case
shall a vendor or peddler vend so as to restrict the continued maintenance
of a clear passageway for vehicles.
K.
Where exigent circumstances exist and a police officer, or other
officer or employee of any City agency authorized to enforce this
chapter, gives notice to a vendor or peddler to temporarily move from
any location, such vendor or peddler shall not vend from such location.
(1)
For the purposes of this subsection, "exigent circumstances" shall
include, but not be limited to, unusually heavy pedestrian or vehicular
traffic, existence of any obstructions in the public space, an accident,
fire or other emergency situation, a parade, demonstration or other
such event or occurrence at or near such location.
(2)
When a vendor or peddler has received notice to temporarily move
from any location where exigent circumstances exist, such vendor or
peddler shall immediately stop all vending business and, within one
minute, begin to and as quickly as possible move his goods, vehicle,
pushcart or stand from the entire area in which the exigent circumstances
exist, as determined and stated by a police officer or other authorized
person giving such notice to move. A vendor or peddler shall not return
to the area of the exigent circumstances while such condition continues
to exist. In the absence of a statement to the contrary by an authorized
person, it shall be presumed that the exigent circumstances will continue
to exist in such area for a period of two hours from the time notice
to move was given to the vendor or peddler.
L.
No vendor or peddler licensed under this chapter shall leave any
items, wares, goods, merchandise, vehicles, trailer(s), pushcart(s),
stand(s), platform(s), boxes, bales, containers, trash or other equipment
or material on any City or other public property or on private property
without the permission of the owner thereof overnight, but he or she
must remove same to a private, secured location at the close of business.
M.
No vendor or peddler shall trespass upon private property where the
owner or proprietor thereof shall have prohibited such activity thereon.
No person, whether holding a license or not, shall sell, offer or expose for sale any foodstuffs, items or merchandise within Delano-Hitch Recreation Park or within Downing Park or upon or along any street or public place which forms a boundary of said parks or within one block of either park in any direction. This section shall not apply to operators of food stands at Delano-Hitch Recreation Park who have been granted franchises pursuant to Chapter 13, Sale or Lease of City Real Property, of this Code, or to any separate contract or agreement or special events or other permits authorized or issued by the City providing therefor.
No vendor or peddler shall employ a generator or other independent source of power while vending in the City limits, unless such generator is preapproved by the Fire Chief and/or Code Enforcement and conforms to the City Noise Ordinance, Chapter 212 of the Newburgh City Code, and does not exceed a maximum noise output of 80db, and is subject to inspection of same.
Garbage and waste materials generated in the course of business,
whether generated by the vendor or peddler or the customers thereof,
shall not be permitted to accumulate or to become a nuisance but shall
be placed in separate, secure and sanitary containers provided for
such purpose by the vendor or peddler. The garbage receptacles and
their contents shall be properly removed by the vendor or peddler
whenever necessary to prevent spillage and accumulation of trash and
at the close of each business day. Vendors and peddlers shall not
use public trash receptacles or storm or sewer lines, mains or systems
for disposal of such containers and trash, or other organic or inorganic
waste, but shall take such containers and trash away with them and
dispose of same privately and lawfully at their own expense. Vendors
and peddlers shall remain responsible for keeping the area immediately
surrounding their location of operation, within a fifteen-foot radius,
clean and free of all trash and debris at all times.
Vendors shall not sell any foodstuffs, confectionery, drink
or ice cream on the grounds of any school or on the public streets
bordering any school or within one block of any school in any direction
between the hours of 8:00 a.m. and 4:00 p.m. on days when school is
in session.
Any vendor carrying, keeping or using scales, measures or other
appliances for weighing or measuring shall first have the same inspected
by the Sealer of Weights and Measures or other municipal official
with authority over same; and, if the latter shall find such appliances
correct and true, his certificate to that effect shall be affixed
to said scales, measures or other appliances in a conspicuous place.
No vendor shall carry or use any such appliance which is not correct
and true and does not record and give the weight and quantity accurately
and as claimed by said vendor.
Vendors and peddlers are required to display all of their permits
and/or their licenses visibly and prominently on their person, or
at the location where they are operating, and produce same at the
request of any citizen or City official or officer.
A.
No vendor shall make, portray or communicate any misrepresentations
or false, fraudulently inaccurate or misleading information concerning
any merchandise. All items sold or offered for sale by general vendors
shall have conspicuously displayed, at the point of offering for sale,
the total selling price, exclusive of tax, by means of:
B.
Each general vendor shall offer a consumer a serially numbered receipt
for any purchase. The receipt must include:
C.
Each general vendor shall retain a duplicate copy of each receipt,
which shall be produced for inspection upon request by police or other
code enforcement personnel. The receipts shall be presented for review
to any City enforcement officer by the general vendor upon request.
A.
It shall be the duty of any police officer or other authorized law
or code enforcement officer of the City of Newburgh to require any
person seen peddling and who is not known by such officer to be duly
licensed to produce his peddler's license and to enforce the provisions
of this chapter against any person found to be violating the same.
B.
Any City police or code enforcement officer who determines that a
vendor has committed or is committing one or more violations of this
chapter relating to vending without a valid license, failure to pay
fees or fines, improper use of streets, improper management of waste,
inaccurate weighing and measuring, or false and misleading misrepresentations
to consumers may confiscate by taking physical custody and possession
the goods, merchandise and wares of such vendor and any platform or
vehicle used for such vending.
C.
A vendor who has had any goods, or any vehicle, platform, pushcart or stand, removed under the provisions of this section may serve notice of a request for the return of such property. The City may return said goods and/or vehicle before or after a judicial determination of the charges. Unless the judicial proceeding has terminated in favor of the vendor, the owner or other person lawfully entitled to the possession of such vehicle, pushcart, stand or goods which have been removed under the provisions of this section, such person(s) may be charged with the reasonable costs as set forth in Chapter 297, Wreckers and Towers, of the Code of Ordinances for the removal and storage of such goods, platform, pushcart, trailer, stand and/or vehicle, payable prior to the release of such goods, platform, vehicle, pushcart or stand.
A.
The Chief of Police and/or Director of Code Compliance and the Corporation
Counsel shall report to the City Clerk all convictions for any and
all violations of this chapter, and the City Clerk shall maintain
a record for each license issued and record the reports of violations
therein.
B.
Each licensee shall keep and maintain accurate and complete records
as follows:
(1)
Each vendor shall keep written records of daily gross sales, purchases
and expenses, including receipts for expenditures, and any other business-related
records as the Chief of Police or Director of Code Compliance may
require, and shall make such records available for inspection by any
authorized official or employee of the City at all reasonable times
upon demand, including daily gross sales receipts from vending in
a format that includes the month and year, the date, the daily sales,
sales tax collected and the total sales for the date. Such records
shall be kept in the following format:
Date:
Item Sold:
Sales Tax Collected:
Total Price:
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(2)
This shall be in addition to the requirement to keep and maintain
duplicate receipts and such other records which are required under
this chapter and under other laws, rules and requirements. All records
shall be made available to police and code enforcement personnel,
upon request, at the Department's offices.
A.
Any license or permit issued under the provisions of this chapter
may be suspended or revoked by the Police Chief and/or the City Manager
of the City of Newburgh after notice and hearing for any of the following
causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as a peddler.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral turpitude
or misconduct arising out of commercial dealing or the conduct of
business or any conviction of violation of this section.
(5)
Conducting the business of vending or peddling in violation of any
provision of this chapter or in any unlawful manner or in such a manner
as to constitute a breach of the peace or to constitute a menace to
the health, safety or general welfare of the public.
(6)
Nonpayment or being in arrears in paying any debt, judgment, taxes,
charges, fees, fines or other moneys due and owing to the City or
other municipal or government agency.
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for hearing.
C.
Any permit issued under this chapter shall be promptly surrendered
to the City Clerk upon its suspension or revocation.
Any person aggrieved by the action of the Chief of Police or
the Fire Chief or the City Clerk or the City Manager in the denial
or revocation or suspension of an application for permit or license
as provided in this chapter or in the decision with reference to the
revocation of a license as provided in this chapter shall have the
right of appeal to the Council of the City of Newburgh. Such appeal
shall be taken by filing with the Council, within 14 days after notice
of the action complained of has been mailed to such person's last
known address, a written statement setting forth fully the grounds
for the appeal. The Council shall set a time and place for a hearing
on such appeal, and notice of such hearing shall be given to the appellant,
in writing, addressed to the address provided by the applicant for
notice of hearing on denial, suspension or revocation. The decision
and order of the Council on such appeal shall be final and conclusive.
In addition to all other penalties provided under this chapter
or of any provision of the City Code or of any other law, rule or
regulation of the state or other municipality or agency with jurisdiction
over the subject, the following schedule of penalties shall apply
for each separate violation of this chapter:
Offense
(within the same calendar year)
|
Penalty Amount
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---|---|
First conviction
|
$250
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Second conviction
|
$500 and revocation of the license as provided under § 223-21
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The holder of any license issued hereunder shall promptly report the loss, mutilation or destruction thereof, in writing, to the City Clerk, who, if satisfied as to the facts establishing or concerning same, may issue a duplicate license only to the individual to whom the original was issued. Such duplicate license shall have plainly marked upon the face thereof the word "DUPLICATE." The fee to be charged for the issuance of each duplicate license shall be as set forth in Chapter 163, Fees, of this Code.
Notwithstanding the issuance of a license pursuant to the provisions
of § 32 of the General Business Law or other laws, codes,
rules or regulations of any municipal agency or of the State of New
York, no person obtaining such a license shall be permitted to carry
on the business of a vendor or peddler upon the streets and highways
of the City of Newburgh without first obtaining a license pursuant
to this chapter.
The provisions of this chapter shall be in addition to and not
instead of the provisions of any other laws, codes, rules or regulations
of the federal, state, county or City government applicable to the
subject.
If any of the provisions of this chapter shall be held invalid,
the remainder shall remain valid and enforceable as provided by law.