No person shall engage in transient business in the village without
first obtaining a license therefor.
As used herein, the following words shall have the meanings indicated:
One conducted in an open lot, from a stationary motor vehicle, car,
truck, tent, wagon, car, public room or any temporary structure, for the exhibition
and sale of goods, wares and merchandise to the public.
Before any license shall be issued for engaging in transient business,
the applicant therefor shall file with the Village Clerk a bond running to
the village in the sum of $2,500, executed by the applicant as principal and
conditioned that said applicant shall comply fully with all of the provisions
of all ordinances and the laws of the State of New York regulating the sale
of goods, wares and merchandise and will assure the payment of any default
in fees due or that may become due and owing to the village and of losses
incurred by any person because of the violation of any law or ordinance by
the licensee or because of the misrepresentation or deception practiced in
transacting the business thus licensed. Such bond shall provide that action
thereon may be brought by any person to whom a judgment has been awarded because
of loss caused by such licensee's fault or default.
[Amended 10-7-1991 by L.L. No. 21-1991]
A.
Application shall be made to the Village Clerk for a
license on the form provided for the same by the Clerk.
B.
Such application shall be signed by the applicant and shall be accompanied by a license fee as set forth in Chapter 175, Fees, which shall be refunded if denied.
[Amended 11-3-1997 by L.L. No. 17-1997]
C.
On receipt of the application, the Clerk shall refer
the same to the Port Chester police, which shall investigate the same and
report its findings within 20 days.
D.
Based on the police report and his own investigation,
the Clerk shall grant or deny the license, in the latter case setting out
the reasons in writing. The applicant shall have a right to appeal the denial
to the Board of Trustees by filing a written appeal with the Clerk within
10 days of the denial, which shall then be promptly referred to the Board
of Trustees.
E.
The Board of Trustees shall schedule a hearing on the
matter within 30 days of the receipt of the appeal from the Clerk.
[Added 10-7-1991 by L.L. No. 21-1991;
amended 11-3-1997 by L.L. No. 17-1997]
The license, when issued, shall be valid for 30 days, but may be renewed for additional thirty-day periods if renewed within 90 days of the expiration of the last license period on payment of a further fee as set forth in Chapter 175, Fees. On each renewal application, if the Clerk has had complaints with respect to the applicant, the Clerk may institute the investigation and review procedure provided for on the original application. If any renewal is denied, the fee will be refunded.
[Added 10-7-1991 by L.L. No. 21-1991]
Transient businesses will be restricted to those districts under Chapter 345, Zoning, of the Code of the Village of Port Chester where retail stores are permitted.
