[HISTORY: Adopted by the Town Board of the Town of Dickinson 4-10-2007 by L.L. No.
2-2007 (Ch. 94 of the 1983 Code). Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes the singular and the plural and shall also mean
and include any person, firm or corporation, association, club, partnership,
society or any other organization, other than a bona fide fraternal,
charitable or religious organization.
All goods as defined in § 401, Subdivision 1, of
the New York Personal Property Law sold for other than a commercial
or business use or for purposes of resale. The term includes goods
which, at the time of the sale or subsequently, are to be so affixed
to real property as to become a part thereof whether or not severable
therefrom. The term also includes food products. Exempted from this
definition are handcrafted goods or objects of art sold by the artisan
who made said items.
A sale of goods, the taking of orders for the sale of goods
for future delivery, or the furnishing or rendering of services or
an agreement to furnish or render services by a seller to a buyer
for cash or credit.
A person who sells retail goods or takes orders for the sale
of goods for future delivery or furnishes or renders or agrees to
furnish or render a service to a buyer.
One conducted in a store, hotel, motel, house, building or
structure for the sale at retail of goods, wares or merchandise, and
which is intended to be conducted for a temporary period of time and
not permanently.
It shall be unlawful for any person to conduct or operate or
permit to be conducted or operated a transient retail business within
the Town of Dickinson without first obtaining a license from the Town
Clerk of the Town of Dickinson.
The fee for a license required by this chapter shall be $100
per day.
If the place in which a business is conducted is rented, leased
or occupied for a period of six months or less, such fact shall be
presumptive evidence that the business carried on therein is a transient
retail business.
A.
This chapter shall not apply to sales in a private residence and
shall not apply to door-to-door sales.
B.
Nothing in this chapter shall be held to apply to any activities
sponsored by and held for the benefit of any bona fide fraternal,
charitable or religious organization. The burden of proving entitlement
to this exemption shall be upon the person making an application for
a permit under this chapter.
No person shall conduct a transient retail business within the
Town until at least five business days shall have elapsed after the
filing in the office of the Town Clerk of an application, verified
by the person or persons who are to conduct such business, containing
the following information:
A.
The full name and address of such persons.
B.
If a corporation makes the application, the state under the laws
of which said corporation is organized.
C.
The exact location of the principal office and place of business
of the applicant.
D.
The names and addresses of the officers of the business entity making
said application.
E.
The nature and location of the business engaged in by the applicant
during the five years immediately preceding the filing of such statement.
F.
Satisfactory proof of compliance with all New York State and Broome
County sales tax regulations.
G.
The exact location within the Town of Dickinson where such transient
merchant business is to be conducted.
H.
The date or dates on which such person intends to conduct business
within the Town.
Upon the filing of the application required above, the Town
Clerk shall immediately send a copy of the application to the Town
Code Enforcement Officer for investigation. Said Code Enforcement
Officer shall report his or her findings to the Town Clerk within
two business days of the filing of said application.
A.
Upon receipt of the findings of the Code Enforcement Officer as required
above, the Town Clerk shall, except as set forth below, issue to the
applicant a permit, as required by this chapter, signed by the Town
Clerk or the Deputy Town Clerk.
B.
No license shall be issued unless the applicant agrees to conform
and comply with all terms and conditions of said license as indicated
in this chapter.
C.
All licenses shall be issued from a license book, with proper reference
stubs kept for that purpose, numbered in the order in which they are
issued.
D.
No license shall be issued except for the date or dates specified
in the application and for which the appropriate license fee has been
paid to the Town Clerk.
No person shall conduct a transient retail business within the
Town at any place other than areas zoned with a commercial designation.
A.
Any violation by any person, organization or solicitor of any provision
of this chapter shall be deemed a violation punishable by a fine not
to exceed $250 and/or imprisonment for not more than 15 days for each
separate offense.
B.
Each day that a violation of this chapter is committed or permitted
to exist shall constitute a separate offense.
