[HISTORY: Adopted by the Town Board of the Town of Lloyd 8-11-2010 by L.L. No.
11-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Junk and junk dealers — See Ch. 69.
Food vendors — See Ch. 79.
Noise — See Ch. 75.
Zoning — See Ch. 100.
[1]
Editor’s Note: This local law also repealed former Ch.
80, Peddling and Soliciting, adopted 4-8-1981 by L.L. No. 3-1981.
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:
An exhibition or competition which highlights one breed or
species of domesticated animal.
An individual, partnership, corporation, association, tenant
and/or property owner requesting a peddlers/solicitors license or
transient merchant/transient merchant market license.
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.
An exhibition which highlights available new or upcoming
products.
An assembly or meeting of members, representatives or delegates
of a political party, fraternal society, profession or industry.
An exhibition or display, open to the public, of a collection
of related items or services.
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.
An exhibition of businesses or companies which highlights
a specific industry or product.
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.
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.
A.
No person, corporation, partnership or sole proprietorship shall
operate, cause to be operated or participate in a transient merchant
market and/or conduct business as a transient merchant, peddler and/or
solicitor unless and until a license has been received from the Town
of Lloyd in accordance with the provisions of this chapter.
B.
No owner of real property located in the Town of Lloyd shall knowingly
allow said real property to be used by or in furtherance of the business
of a transient merchant or a transient merchant market, unless the
transient merchant and/or transient merchant market shall have first
been licensed as required by this chapter. Real property shall be
deemed "used," as provided herein, when the real property is the place
where goods and/or services are offered for immediate sale and/or
where orders are taken for subsequent delivery of goods or furnishing
of services by transient merchants and/or transient merchant markets.
"Knowingly" shall be defined and application of such term shall be
as the term is set forth in the Penal Law of the State of New York.
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.
G.
Garage sales.
A.
Designation as convention, sports or exhibits center. The Town Board
shall maintain a list of recognized convention, sports or exhibits
centers (convention, sports or exhibits centers).
(1)
Any facility desiring recognition as a convention, sports or exhibits
centers shall file an application to the Town Board.
(a)
The application shall contain the following information and
material:
[1]
The name of the applicant;
[2]
The applicant's federal employee identification number;
[3]
The applicant's New York sales tax number;
[4]
The location of the facility;
[5]
A description and map of the facility and the amenities offered,
including, but not limited to, dimensional size, number of available
restrooms, available parking, maximum occupancy capacity and accessibility
for persons with disabilities. Cross-reference shall be made to any
existing, approved site plan;
[6]
If off-site facilities are used for ancillary services such
as parking, a map of such facilities shall also be provided.
(b)
A fee of $200 shall be paid to the Town Clerk at the time the
application is filed.
(2)
Procedure for seeking approval.
(a)
Public hearing. The Town Board will schedule a public hearing
to consider applications for recognition.
(b)
Factors for consideration in review of the application shall
include the magnitude of planned events, anticipated attendance, special
services which may be required, the maximum capacity of the forum,
parking, sanitary facilities, access for persons with disabilities,
security, and other relevant factors.
(c)
The Town Board may, upon a finding that the facility is appropriate
for the types of events planned and will not cause an undue hardship
to adjoining property owners and/or the public, and/or have undue
traffic impacts, approve the application or approve it with conditions.
Such conditions may include but are not limited to size of events,
parking, hours of operation, parking constraints, maintenance of insurance
and/or a bond, or facility improvements necessary to accommodate proposed
events.
(3)
Revocation of approval. The Town Board may revoke recognition if:
(a)
It is determined that a material misrepresentation was made
in the application or supporting materials seeking designation as
a convention, sports or exhibits center.
(b)
The applicant, its agents, employees or contractors fail to
comply with federal, state and/or local laws in relation to the facility
or any events held thereat.
A.
Application. All peddlers/solicitors, except those exempted from this chapter (see § 80-6), shall be required to obtain a license from the Town Clerk.
(1)
The application, as provided by the Town Clerk, shall contain the
following information and material:
(a)
The name of the applicant.
(b)
The applicant's federal employee identification number
or social security number.
(c)
The applicant's New York State sales tax number.
(d)
The applicant's permanent home residence and business address,
if any.
(e)
If the application is filed by an agent, the name of the firm/association
or person represented and written authorization by the firm authorizing
the representation.
(f)
The number of weeks and the beginning and ending date for which
the license is requested.
(g)
A description of the goods, wares, commodities or services to
be offered for sale or to be used for the purpose of bidding for services.
Included shall be the brand name, manufacturer (including address)
and distributor of goods (including address) and commodities and the
name, publisher and distributor of all books, magazines or periodicals
to be offered for sale.
(h)
Authorization of an agent to receive service of summons, including
name and address.
(2)
The application must be appended to a document of authorization from
the firm which the applicant purports to represent.
B.
License fee; duration. All licenses for peddlers/solicitors shall
be subject to the following time constraints and fee schedule:
(1)
A fee shall be set by resolution of the Town Board and shall be paid
to the Town Clerk prior to issuance of the license.
(2)
Each applicant for a peddlers/solicitors license shall be limited
to one license per year.
(3)
The maximum licensing period for a peddlers/solicitors license shall
be 52 weeks per calendar year per application. (A calendar year will
run from January 1 to December 31.)
C.
Bond or certified funds. Before any license authorized herein shall
be issued, the applicant shall file with the Town Clerk proof of a
bond executed by a surety company or insurance company licensed to
do business in the State of New York or an irrevocable one-year letter
of credit issued by a licensed banking institution in the sum of $5,000
for the purposes of saving harmless the citizens of the Town of Lloyd
from any and all damages which may be incurred by said citizens as
a result of false or fraudulent unlawful sales practices by any person
licensed hereunder. In lieu of the foregoing bond or irrevocable letter
of credit, cash or certified funds in the amount hereinbefore set
forth shall be deposited with the Town Clerk. Such funds shall be
held for a period of one year from the expiration of the license.
Interest earned shall be the property of the applicant. The funds
shall be used to satisfy any judgment obtained in judicial proceedings
for damages incurred by citizens of the Town of Lloyd as a result
of false, fraudulent or unlawful sales practices by any person licensed
hereunder.
A.
Application. All transient merchants/transient merchant markets, except those exempt from this chapter (see § 80-6), shall be required to obtain a license from the Town Board.
(1)
Application. Written application for a license to operate a transient
merchant/transient merchant market shall be provided by the Town Clerk
and submitted to the Town Board at least 60 days prior to the commencement
of operation by filing the application as provided by the Town Clerk
during regular business hours. The application shall contain the following
information:
(a)
The name of the applicant.
(b)
The applicant's federal employee identification number.
(c)
The applicant's New York State sales tax number.
(d)
The location of the proposed market.
(e)
The residence address and/or business address of the applicant,
if any; if the application is filed by an agent, the name of the firm
or person represented and written authorization by the firm authorizing
the representation.
(f)
The number of transient merchants or solicitors that will have
business in or be part of the proposed market.
(g)
A plan or map to scale showing the location of the proposed
market in proximity to property boundaries and any other temporary
or permanent structure on the lot. The plan or map shall also show
the location of the vendors within the market, the provision for dedicated
parking, vehicular access to and from the site, the zoning district
in which the market is to be located, provision for water supply and
sewage disposal.
(h)
The days and hours during which the market will be open or operated.
(i)
A general description of the goods, wares, commodities or services
to be offered for sale or to be used for the purpose of bidding for
services.
(j)
Authorization of an agent to receive service of summons.
(k)
Such other information as the Town Board shall require to enable
the Town Board to make its review in accordance with the general requirements
hereinafter set forth.
(2)
Site plan review. The Town Board, at its discretion, may forward
the application to the Town Planning Board for site plan review comments.
(a)
The Town Clerk, upon receipt of an application deemed complete
by the Zoning Administrator, will forward the same to the Town Board.
(b)
The Lloyd Town Board shall review and recommend the approval, approval with modifications or denial of the site plan, which has been prepared to the specifications set forth in this chapter and in accordance with the regulations set forth in Chapter 100 of the Code of the Town of Lloyd. In addition to the filing fee provided for herein, the applicant shall also be required to pay any fees or costs incurred by the Planning Board for legal, engineering and/or other technical review, provided that the fees or costs reflect the actual cost to the Planning Board therefor. This fee shall not exceed $1,000 without the consent of the applicant.
(c)
If the Town Board referred the matter to the Planning Board,
after receipt of a recommendation from the Lloyd Planning Board, the
Town Board will make the final determination of approval, approval
with modifications or denial.
(d)
Before a license is issued, the applicant must provide a bond, letter of credit or cash required by this chapter (see § 80-7C).
(e)
The applicant shall pay the fee set forth in the Town Board's
fee schedule at the time of issuance of license.
B.
License fee; duration. All licenses for operation of transient merchant/transient
merchant market shall be subject to the following time constraints
and fee schedule:
(1)
A fee per day shall be set by resolution of the Town Board and shall
be paid to the Town Clerk after approval of the application by the
Town Board and prior to issuance of license.
(2)
Each applicant for a transient merchant/transient merchant market
license shall be limited to one license per calendar year. (A calendar
year will run from January 1 to December 31.)
C.
Bond or certified funds. Before any license authorized herein shall
be issued, the applicant shall file with the Town Clerk proof of an
bond executed by a surety company or insurance company licensed to
do business in the State of New York or an irrevocable one-year letter
of credit issued by a licensed banking institution in the sum of $10,000
for the purposes of saving harmless the citizens of the Town of Lloyd
from any and all damages which may be incurred by said citizens as
a result of false or fraudulent unlawful sales practices by any person
licensed hereunder. In lieu of the foregoing bond or irrevocable letter
of credit, cash or certified funds in the amount hereinbefore set
forth shall be deposited with the Town Clerk. Such funds shall be
held for a period of one year from deposit. Interest earned shall
be the property of the applicant. The funds shall be used to satisfy
any judgment obtained in judicial proceedings for damages incurred
by a citizen of the Town of Lloyd as a result of false, fraudulent
or unlawful sales practices by any person licensed hereunder.
A.
Upon receipt of an application, the Town Clerk shall refer the application,
in accordance with this chapter.
B.
The Town Clerk shall refuse to register the application and issue
a license if it is determined, pursuant to the procedures required
herein:
C.
Absent a cause to refuse registration in accordance with this section,
the Town Clerk shall grant a registration and issue to the applicant
a license. Such license shall authorize the holder to conduct business
within the Town in accordance with the terms and provisions hereof
or any site plan approvals, for a period of the license. The Town
Clerk shall maintain an accurate record of every application received
and acted upon, together with all other information and data pertaining
to the application and all licenses issued and applications refused.
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.
A.
Causes. Licenses issued under the provision of this chapter may be
revoked by the Town of Lloyd Town Board, after notice and hearing,
for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for the license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as solicitor or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of solicitor or transient merchant in an
unlawful manner or in such a manner as to constitute a breach of the
peace or to constitute a menace to the health, safety or general welfare
of the public.
(6)
Complaint received by the Town in violation of a no-soliciting sign
on a private residence or business.
B.
Hearing. Notice of hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed to the
licensee at his last known address at least five days prior to the
date set for hearing.
A.
Each violation of this chapter or of any regulation, order or rule
promulgated thereunder shall be punishable by a fine not exceeding
$250 for each offense. Each day a violation continues shall be a separate
offense. In addition to such fine(s), any transient merchant who shall
operate without the required license shall be required to pay the
license fees such transient merchant would have been required to pay
if such transient merchant had properly obtained such license. The
payment of such license fee(s) shall not be a fine but restitution
to the Town of revenues that should have been paid.
B.
In case any transient merchant shall erect, construct or maintain
a transient merchant business or use any building, structure or land
or sites in violation of this chapter or other permit or approval
issued or made hereunder, the Code Compliance Officer or other proper
local authorities of the Town may, in addition to seeking other remedies,
penalties and/or fines, institute any appropriate actions or proceedings
to:
(1)
Prevent such unlawful erection, construction, maintenance, use of
any building, structure, land or site;
(2)
Restrain, correct or abate such violation;
(3)
Prevent the occupancy of said building, structure, land or site;
and/or
(4)
Prevent any illegal act, conduct, business or use in or about such
premises.
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.
