Existing Chapter
80 is hereby deleted as obsolete, and the present Chapter
80 is enacted in its place.
The purpose of this chapter is to register and regulate solicitors/peddlers,
transient merchants and transient merchant markets located, operating,
doing business, transacting business or otherwise performing the activities
subscribed to such enterprises, individuals or activities in this
chapter within the Town of Lloyd.
In those instances where the aforesaid transient merchants and/or
markets for transient merchants, solicitors and peddlers are in a
fixed place for a period of time, the purpose of this chapter is also
to require conformity with the Town's Comprehensive Land Use
Plan and zoning laws so that the community's land use and planning
goals are not unduly interfered with or defeated by unregulated enterprises.
As used in this chapter, the following terms shall have the
meanings indicated:
ANIMAL SHOW
An exhibition or competition which highlights one breed or
species of domesticated animal.
APPLICANT
An individual, partnership, corporation, association, tenant
and/or property owner requesting a peddlers/solicitors license or
transient merchant/transient merchant market license.
CONFERENCE
A meeting of individuals or representatives of various bodies
or of members of a profession, for the purpose of discussing and/or
acting on topics of interest common to them.
CONSUMER SHOW
An exhibition which highlights available new or upcoming
products.
CONVENTION
An assembly or meeting of members, representatives or delegates
of a political party, fraternal society, profession or industry.
EXPO
An exhibition or display, open to the public, of a collection
of related items or services.
SOLICITOR/PEDDLER
A person, corporation, partnership, association or any other
organization undertaking a commercial activity through the act of
selling, offering for sale or soliciting orders for future sales of
merchandise, works of art, meats, seafood, vegetables, fruit, other
food products or goods of any kind, magazines, books, photos or educational
books, by going from house to house and not by remaining stationary
in any private or public place, motor vehicle or nonmotorized vehicle,
for the purpose of making or soliciting sales or demonstrating or
making estimates of services to the general public.
TRADE SHOW
An exhibition of businesses or companies which highlights
a specific industry or product.
TRANSIENT MERCHANT
A retail or wholesale business conducted in a building, temporary
structure or tent; from a truck, van or trailer; on a parking lot
or vacant parcel of land; on a part of a public right-of-way; or in
any other place for a temporary period of time. The type of merchandise
being offered for sale will have no bearing on the designation.
TRANSIENT MERCHANT MARKET
Any gathering or group of three or more transient merchants,
peddlers/solicitors upon any lands, structures or facilities within
the Town of Lloyd.
All activities which meet the definitions of "solicitor/peddler"
and "transient merchant/transient merchant market" shall comply with
the following requirements:
A. Determination. It shall be the responsibility of the Building Department
Director to determine if and what type of license is required under
this chapter.
B. License. All activities as defined in §
80-4, Definitions, except those listed in §
80-6, shall be subject to issuance of a license by the Town Clerk. The conditions for obtaining a license are set forth in §
80-7, Peddlers/solicitors license requirements, and §
80-8, Transient merchant/transient merchant market license requirements.
C. Location. All activities as defined in §
80-8, Transient merchant/transient merchant market license requirements, shall comply with the Town of Lloyd zoning requirements for use, area and parking.
D. Time. All activities as defined in §
80-4 Definitions, shall be limited in duration by the requirements set forth in §
80-7, Peddlers/solicitors license requirements, and §
80-8, Transient merchant/transient merchant market license requirements.
E. Fee. All activities as defined in §
80-4, Definitions, shall be subject to payment of a license fee as set forth by the Town Board.
The provisions of this chapter which require registration and/or
licenses shall not apply to the following types of sales, except that
any activities or locations used in furtherance of sales identified
hereunder must still comply with all other laws, ordinances, rules
and regulations of the State of New York, County of Ulster and/or
Town of Lloyd, including the Town of Lloyd zoning laws:
A. Any sales conducted pursuant to statute or by order of any court.
B. The peddling of meats, fish, fowl, fruit, vegetables, flowers, shrubs
and trees by a gardener or farmer or his employees where the products
so sold or offered for sale are the produce of this vendor's
farm, garden or orchard and sales take place on vendor's property
or a local farm market.
C. Sales by dealers in milk, baked goods, heating fuel, dry cleaning/laundry
and daily newspapers.
D. Sales by any person soliciting at the express invitation of the person
solicited or soliciting to established customers.
E. Sales by any Town-sponsored events; school group; veterans, fraternal
or charitable organization; volunteer firemen's association;
religious, civic or service group; or other nonprofit organization
or association that maintains a chapter or place for the regular conduct
of business or meetings within the County of Ulster.
F. Any veteran who has procured a license from the State of New York
pursuant to § 32 of the General Business Law.
H. Any sales conducted by the owner of an established business from the site of said business. This is not intended to provide exemption to requirements as set forth in Chapter
100, Zoning.
I. Any merchant who obtains license for outdoor food vending under Chapter
79 of the Town Code.
Any applicant refused registration and/or a license shall appeal
to the Town Board of the Town of Lloyd prior to commencing any proceedings
at law to review the determination of the Town Clerk. The appeal to
the Town Board shall be made by way of written letter submitted to
the Town Clerk of the Town of Lloyd, within 30 days of the time the
registration and/or license is denied. The letter appealing the Town
Clerk's decision shall set forth each and every reason why the
applicant feels that the denial of the registration or license was
improper. Upon receipt of such an appeal, the Town Board of the Town
of Lloyd shall, within 20 days, mail written notice to the appellant,
which date and time shall be not later than 30 days from the date
the registration or license was denied. Upon hearing the appellant's
arguments, as well as reviewing the applications and the law, the
Town Board of the Town of Lloyd shall make a decision as to whether
to uphold the Town Clerk's findings or deny the same, within
15 days thereafter. In the event that the Town Board fails or refuses
to take action on the appeal, such nonaction will not be considered
as approving the permit but shall allow the applicant to, at that
time, proceed with any other type of judicial review that he may be
entitled to under law. Such judicial review, however, shall be made
within 30 days of the item the Town Board refuses or fails to take
action on or 30 days from the last date by which the Town Board was
to have taken some action as required by this chapter.
The Town Board may, from time to time and by resolution, specify
the form of the applications and licenses required herein but may
not change the content or matters to be included therein without revision
of this chapter.
If for any reason any section or part or parts of any section
of this chapter shall be declared unconstitutional or beyond the power
the Town to enact, such facts shall not affect or impair in any way
any other provisions of this chapter, but such other provisions shall
be in full force and effect.
In addition to the Town of Lloyd officers and/or employees authorized,
expressly or by implication, to administer and enforce this chapter,
the Code Enforcement Officer for the Town of Lloyd is expressly delegated
the duty and responsibility to administer and enforce the provisions
of this chapter and, in furtherance thereof, to issue appearance tickets
as defined, authorized and set forth in Article 150 of the Criminal
Procedure Law of the State of New York.