It is found and declared that:
A. The preliminary purpose of the public streets, sidewalks and other public ways is for use by vehicular and pedestrian traffic.
B. Vending on such public ways promotes the public interest by contributing to an active and attractive pedestrian environment.
C. Persons engaged in the business of vending should be required to be licensed and to furnish such information as necessary to effectively carry out the purposes of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
MERCHANDISE Any nonedible commodity, excepting used goods.
PERSON Indicates any individual, society, club, firm, partnership, corporation or association of people.
PUBLIC WAY All areas legally open to public use, such as public streets, sidewalks, roadways, highways, alleys and parks, as well as areas surrounding and immediately adjacent to public buildings.
REFRESHMENT Any food, fruit or other edible commodity or beverage.
STAND Any newsstand, table, bench, booth, pushcart or any other fixture or device which is not required to be licensed and registered by the Department of Motor Vehicles and is used for display, storage or transportation of articles offered for sale by the vendor.
VEND The act of selling or offering for sale refreshments or merchandise on the public streets, sidewalks or other public ways in the City of Hudson, from a stand, motor vehicle or from the person.
VENDOR Any person engaged in the selling or offering for sale of refreshments or merchandise on the public streets, sidewalks or places within the City of Hudson, from a stand, motor vehicle or from the person, This definition does not include a door-to-door peddler or solicitor.
[Amended 4-15-2014 by L.L. No. 4-2014]
The following types of licenses shall be available from the Common Council:
A. Annual license, 365 consecutive days from the date of issue.
B. Three-month license, 90 consecutive days from the date of issue.
C. Event organizer's license.
D. Three-consecutive-day license.
A vendor engaged in the sale of food or beverages shall also apply to the County Department of Health for any required health permits and shall prominently display this permit.
The City Clerk shall issue event organizer's licenses. Such licenses shall contain the following conditions:
A. A license shall be issued as either a twenty-four-hour license or a three-day license. The date and duration of the event shall be specified in the application to the City Clerk.
[Amended 7-21-2015 by L.L. No. 2-2015]
(1) A twenty-four-hour license is only valid for 24 hours.
(2) A three-day license is valid for a total of 72 hours; it may be used in twenty-four-hour increments, provided that the date of each twenty-four-hour increment is set and approved prior to the issuance of the license.
B. The license shall designate a location where the event will be held.
C. Vendors at the event shall comply with all applicable provisions of this chapter and all regulations and pay all fees required by the person coordinating the event. Vendors shall not be required to obtain a separate vendor's license from the City.
D. The holder of the license shall be responsible to ensure that all vendors operating under his or her license are in compliance with all applicable regulations.
E. No vendor shall operate in the event area unless authorized by the license holder.
F. All vendors dispensing food shall be required to possess and display the appropriate Health Department license.
G. Such merchandise may be vended at the event as approved by the event organizer, and the restrictions on merchandise that may be sold, as defined in Hudson City Code §
307-2, are not applicable.
The following vendors are exempt from the fee requirements of §
307-3A in this chapter, but must comply with all conditions contained herein.
A. Individuals under the age of 16 years who vend Girl Scout cookies, candy, lemonade or similar items.
B. The sale of fresh produce by a farmer who himself or through his employees vends, sells or disposes of products of his own farm or garden.
C. Charitable organizations located in the City.
No license shall be issued to any applicant if the business sought to be licensed does not comply with all applicable federal, state and local laws, ordinances and regulations. If the application is rejected, the City Clerk shall notify the applicant, in writing, giving the reasons for the rejection.
All licenses shall be displayed in a conspicuous place at all times during the operation of the vending business.
A license may not be transferred or assigned or its location changed without prior approval of the City Clerk. If the City Clerk approves the transfer, assignment or location change, this action shall be endorsed upon the license by the City Clerk.
If the City Clerk denies the issuance of a license or permit, suspends or revokes a license or permit, or orders the cessation of any part of the business operation conducted under the license or permit, the aggrieved party may appeal the City Clerk's decision to the Mayor.
Any person who conducts a business without a license required by this chapter or who conducts or attempts to conduct a business during the period when his license is suspended or revoked or who violates any of the terms or provisions of this chapter or who shall continue to act as a vendor subsequent to the revocation of his license shall be guilty of a violation and shall be subject to a fine of $250 for each day on which the violations occur.