[HISTORY: Adopted by the Town Board of the Town of Amherst 4-11-1993 by L.L. No.
2-1993;[1] amended in its entirety 5-20-2013 by L.L. No. 9-2013.
Subsequent amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
148, Peddlers, Hawkers and Junk Dealers, adopted 8-2-1934.
The purpose of this chapter is to promote and protect the health,
safety and general welfare of the community, and the preservation
and protection of property of the Town of Amherst and its residents.
The following words and phrases shall have the meanings set
forth unless the context of their use clearly indicates otherwise:
- APPLICANT
- Any person by or for whom an application is made under this chapter.
- A. Any benevolent, philanthropic, patriotic, military veterans, not-for-profit, educational or religious association, society or other organization or any other association, society or organization qualified as a tax-exempt organization under Section 501 of the Internal Revenue Code.
- B. Any governmental entity or organization, including, without limitation, a school district, fire district and fire company.
- MOBILE FOOD VEHICLE
- A self-contained mobile food unit in which ready-to-eat food is prepared, cooked, wrapped, packaged, processed or portioned for service, sale, or distribution.
- MOBILE FOOD VENDOR
- The owner or owner's agent of a mobile food vehicle.
- PEDDLER
- A person who engages in peddling.
- A. Selling or offering for sale, barter or exchange any property or service, either for immediate or future delivery or performance upon any street, road or highway or from house to house in the Town, and including, without limitation, activities commonly known as "hawking."
- B. Delivery or distribution of advertising matter, literature, pamphlets, samples or handbills house to house or on any of the streets, roads or highways or by going from place to place in the Town, but not including the delivery or distribution of newspapers, magazines or political or religious materials.
- PERSON
- A natural person, corporation, partnership, association, joint venture, society or other organization or association of any kind, whether acting as principal, agent, employer or employee.
- PROPERTY
- Any goods, wares, merchandise or other article or thing of every kind or nature except newspapers.
- A. Seeking, taking or offering contracts or orders for any property for future sale or delivery or performance of any service upon any street, road or highway or from house to house in the Town.
- B. Seeking or taking subscriptions or contributions of money or property, upon any street, road or highway or from house to house in the Town.
- SOLICITOR
- A person who engages in soliciting.
- TOWN
- The Town of Amherst outside the Village of Williamsville.
- TRANSIENT BUSINESS
- A retail or wholesale business, other than a mobile food vehicle vendor (as regulated separately in this Local Law), conducted from a temporary structure or tent, truck, van or trailer, stand, parking lot or vacant parcel of land, in a public right-of-way or in or on any other place in the Town, but not (1) outdoor sales of property or services accessory to a business conducted within a permanent structure on a same premises or (2) the sale of food products raised or produced on the same premises from a temporary or seasonal stand, provided that the principal structure or activities otherwise comply with the zoning and other ordinances of the Town.
A.
No person shall engage in peddling, soliciting, mobile food vehicle
vending or a transient business without first obtaining a permit or
registering or both as required by this chapter.
B.
No motor vehicle shall be used for peddling, mobile food vehicle
vending or conducting a transient business unless a permit shall first
have been obtained, which permit shall at all times be displayed in
a conspicuous location that is visible from the outside of the vehicle.
No permit under this chapter shall be required:
A.
By any charitable organization or its agents or employees or veterans
licensed pursuant to General Business Law § 32.
B.
By any business, service or activity licensed under any other ordinance
or law of the Town of Amherst.
C.
For lawn cutting, leaf raking and snow shoveling services for residential
property.
D.
By political parties and candidates for public office.
E.
For peddlers and solicitors not over sixteen (16) years old.
No charitable organization shall engage in soliciting before
it files with the Town Clerk a list of the names, addresses and dates
of birth of the persons who will conduct the activity on its behalf
and a statement of the time period during which the solicitations
shall occur. The Clerk shall provide a copy of the list to the Police
Department. No person shall engage in soliciting on behalf of a charitable
organization until this information has been provided to the Town
Clerk.
No peddling, soliciting or transient business activities, whether
or not exempt from the permit requirements of this chapter, shall
be conducted before 9:00 a.m. or after 8:00 p.m. Mobile food vending
shall not be conducted before 9:00 a.m. or after 8:00 p.m. on a residential
property except for the following:
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A. When the mobile food truck and vending activities are not located within the required front yard as defined by the Zoning Ordinance of the Town of Amherst (Chapter 203 of the Code of the Town of Amherst), the allowable hours of operation shall be from 9:00 a.m. to 11:00 p.m.
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Mobile food vending shall not be conducted before 7:00 a.m.
or after 11:00 p.m. on a non-residential property or in a right-of-way
adjacent to a non-residential property.
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A.
An application for a permit under this chapter shall contain the
following:
(1)
The name, home address and local address, if any, of the applicant.
(2)
A physical description of the applicant, giving date of birth, height,
weight and color of hair and eyes. A photograph may be required.
(3)
The name and address of the person, if any, by whom the applicant
is employed and for whom or through whom orders are to be solicited,
cleared, filled or delivered.
(4)
A description of the business or activity in which the applicant
intends to engage and of the nature of any property or services involved.
(5)
For peddlers or solicitors, a list of crimes for which the applicant
has been arrested or convicted, including the dates and places.
(6)
A statement as to the period of time during which the applicant intends
to engage in the business or activity regulated under this chapter.
(7)
Proof that the applicant, or his or her employer or principal, is
registered for sales tax purposes, if the business or activity to
be conducted is subject to sales or use tax.
(8)
A description of any motor vehicle that will be used for pickup or
delivery of property or for the purpose of bringing any such property
into the Town for peddling, soliciting or transient business purposes,
or from which a transient business will be conducted, to include the
name of manufacturer, year, type of vehicle, vehicle identification
number, registration plate number, title holder and name of the person
other than the title holder to whom the vehicle is registered, if
any.
(9)
The location where a transient business or mobile food vending operation
is to be conducted, if known.
(10)
Further information required by the Town Clerk or the Police
Department.
B.
The application shall be signed by the applicant and sworn to before
a notary public or other officer authorized to administer oaths.
C.
If mobile food vending or a transient business is to be conducted
on private property, the written consent of the property owner, if
other than the applicant, shall be filed with the application or shall
be prominently displayed on the mobile food vending vehicle or at
the transient business site.
A.
For peddling or soliciting permit applications, the Town Clerk shall
forward a copy of the application to the Police Department. A copy
of any application for a transient business or mobile food vendor
shall be forwarded to the Building Department. The Police Department
shall, to the extent possible, determine whether or not the applicant
has accurately reported convictions and is otherwise a person of good
moral character and reputation. The Police and Building Departments
shall report the results of their investigations of applications to
the Town Clerk within ten (10) business days of the receipt of the
copy.
The following fees shall be paid to the Town Clerk with an application
for a permit:
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Type of Permit
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Fee
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|---|---|
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Peddler's or solicitor's permit
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$50
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Transient business permit
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$50
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Mobile Food Vehicle Vendor permit
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$400 for the first vehicle
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$200 for each additional vehicle
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$200 for permit renewals in accordance with § 148-10B.
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A.
After receipt of reports from the Police Department and Building
Department, when required, the Town Clerk shall issue the permit requested
unless the applicant for a peddler's or solicitor's permit
has been convicted of a felony at any time or a misdemeanor involving
moral turpitude within five (5) years prior to the application, and
has not been granted relief from civil disabilities, or otherwise
is found not to be a person of good moral character and reputation.
B.
Solicitors', peddlers' or transient business permits issued
pursuant to this chapter automatically expire ninety (90) days after
issuance. Mobile food vendor permits shall automatically expire one
(1) year after the date of issuance.
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A. Mobile food vendor permit that is renewed prior to the date
of expiration or within thirty (30) days after the date of expiration
shall be eligible for the renewal fee.
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C.
Permits issued under this chapter shall not be transferable.
D.
A permit issued pursuant to this chapter may be revoked if, following
its issuance, the Police Department determines that the applicant
was convicted for any crime not reported in the application or is
otherwise not a person of good moral character and reputation. A permit
may also be revoked for any violation of this chapter committed after
its issuance.
E.
A transient business permit shall be limited to a single location.
If the location is in a public right-of-way, it must be approved by
the state, county or town authority having jurisdiction. If the location
is not in a public right-of-way, it must be approved by the Building
Department.
F.
For Mobile Food Vendors:
(1)
It shall be unlawful to conduct business from a mobile food vehicle
within a public right-of-way or on private property within the Town
without having first obtained a valid mobile food vendor permit for
each mobile food vehicle.
(2)
It shall be unlawful for a mobile food vendor to conduct business
in a location within one hundred (100) feet of the primary entrance
of an establishment that is open to the public and where ready-to-eat
food is prepared, cooked, wrapped, packaged, processed or portioned
for service, sale, or distribution. This requirement shall be waived
if permission for the mobile food vending operation is obtained from
the owner of the property that contains the establishment where ready-to-eat
food is prepared, cooked, wrapped, packaged, processed or portioned
for service, sale or distribution.
(3)
Within non-residential zoning districts, it shall be unlawful for
a mobile food vendor to conduct business at a single location within
a public right-of-way for a duration exceeding three (3) hours. Within
residential zoning districts, it shall be unlawful for a mobile food
vendor to conduct business within a public right-of-way except for
mobile food vehicles that operate for less that[1] twenty (20) minutes at a single location or that operate
within an area where a block party is being conducted.
[1]
So in original. Should be "than."
(4)
At all times, mobile food vendors must abide by the New York State
Transportation Law and all applicable Parking, Vehicle and Traffic
Laws, Ordinances, Rules and Regulations.
(5)
All signage associated with a mobile food vendor must be permanently
affixed to the mobile food vehicle. No accessory signage shall be
placed outside or around the mobile food vehicle.
(6)
All mobile food vendors must provide trash receptacles of sufficient
capacity to contain all trash and waste generated in association with
the business of the mobile food vendor. All waste and trash shall
be placed in the trash receptacles. All trash, waste, litter and debris
shall be removed from the site of the vending operation at the end
of each daily operation.
(7)
It shall be unlawful to discharge liquid waste, fats, oils or grease
on the land. Such discharges shall be held in appropriate containers
and then disposed in a legally permissible manner.
(8)
Mobile food vendors shall not conduct operation from a site that
contains a gasoline service.
(9)
Each mobile food vehicle shall be inspected annually by the Building
Department for fire-safety code compliance.
(10)
All required permits shall be posted conspicuously on the mobile
food vehicle.
(11)
Each mobile food vehicle shall be registered as a commercial
vehicle with the New York State Department of Motor Vehicles.
(12)
When parked on a public or private right-of-way, products shall
not be dispensed from the street side of the mobile food vehicle.
(13)
A mobile food vehicle shall not be operated in reverse in order
to attempt or make a sale.
(14)
When parked on a public or private right-of-way, a mobile food
vehicle shall not be parked within sixty (60) feet of an intersection
with another public or private right-of-way boundary.
A.
No person shall use private real property for any activity requiring a permit under this chapter without the written consent of the owner, and in compliance with § 148-7C.
B.
No person regulated by this Local Law shall hawk or cry property,
offers, contracts or services upon any location in the Town, or use
any loudspeaker, horn or other sound making device.
C.
No person holding a permit under this chapter shall engage in any
activity regulated hereunder unless he or she has the permit on his
or her person or as it pertains to a mobile food vendor, on the mobile
food vehicle.
A.
The owner or occupant of a residential building may post a notice
prohibiting peddlers and solicitors. The notice shall be placed in
a conspicuous place adjacent to the entrance door of the building.
The letters of the notice shall be at least 1/2 inch in height and
shall contain a statement saying in substance that "peddlers or solicitors
are prohibited." No person shall engage in any activity regulated
by this chapter by attempting to enter a building or ringing a doorbell
or knocking on an entrance door to any residence building at which
entrance such a notice has been posted.
B.
Any person engaged in an activity regulated under this chapter, whether
that person is exempt or not, who has entered upon private property,
whether invited or not, shall immediately and peacefully depart therefrom
when requested to do so by any occupant.
Any person who violates any provision of this chapter shall
be guilty of a violation. Each violation shall be punishable by a
fine not to exceed $250 or by imprisonment for a period not to exceed
fifteen (15) days, or both.
This chapter shall be enforced by the Police Department and
the Building Department of the Town of Amherst.
Primary enforcement of the Mobile Food Vending regulations contained
in this Local Law shall be the responsibility of the Building Department.
Matters concerning the Vehicle and Traffic Law, the New York State
Transportation Law, illegal parking and trespassing shall be the responsibility
of the Police Department. If the Building Department determines an
issue to be a police matter, the Building Department shall refer that
issue to the Police Department.
The invalidity of any section or provision of this Local Law
shall not invalidate any other section or provision of this Local
Law.
