[HISTORY: Adopted by the Town Board of the Town of Kent 11-15-2010 by L.L. No.
8-2010.[1] Amendments noted where applicable.]
The intent of this chapter is to establish regulations and procedures
for the conduct of temporary and seasonal sales events, including,
but not limited to, the sale of Christmas trees and related holiday
decorations, tent sales, farmers markets and similar sales events
conducted in open air or outdoor locations, or within a building or
structure, in the Town of Kent, New York.
As used herein, "temporary sales event" shall mean the use of
any building, parcel, lot or portion thereof for the wholesale or
retail sale of merchandise to the general public when such use is
for a specified, limited period of time.
A.
It shall be a violation of this chapter for any person to conduct
a temporary sales event in the Town of Kent without first having a
license from the Town Board of the Town of Kent.
B.
It shall be a violation of this chapter for any owner, agent, or
tenant to allow a building or premises to be used for a temporary
sales event by any person or persons who have not first obtained a
license from the Town Board of the Town of Kent.
A.
All applications for a license to allow the conduct of a temporary
sales event shall be made to the Town Board of the Town of Kent on
a form prescribed by the Town Board.
B.
The application shall be accompanied by a plan, drawn to scale, showing
the general location of the building and/or the lot where the temporary
sales event is to take place, including provisions for site access
and parking. The application shall include the written consent of
the owner of the building or the premises on which the temporary sales
event is proposed.
C.
Any application shall be submitted to the Town Board not less than
two weeks prior to the date of commencement of the temporary sales
event. The Town Board may approve, approve with conditions, or disapprove
the license. In issuing the license the Town Board shall establish
the date on which the temporary sales event may commence and the date
on which it shall cease, including the days and the hours of operation.
The Town Board may also establish any conditions as may be required,
in the sole discretion of the Board, to protect the public safety,
health, and welfare, as well as the quiet enjoyment of adjacent and
nearby properties during the conduct of the temporary sales event.
The application shall be accompanied by an application fee in
an amount set by the Board.
The temporary sales event may occur on any lot in the Industrial/Office/Commercial (IOC) District and the Commercial (C) District, and on any lot of four acres or more in the R-80 Residential District, as designated, and set forth in Chapter 77 of the Kent Town Code.
A.
The Town Board may approve an application and issue a license only
if the building or premises is deemed suitable for the sale in terms
of vehicular access, parking, fire access, and public safety.
B.
The license may be revoked at any time if the permittee deviates
from the plan as submitted, or violates any conditions of the license,
or if the sale is deemed by the Town Board, the Building Inspector,
the Code Enforcement Officer, the Fire Inspector, or the Police Chief
a public health or safety hazard. If the license is revoked, all sales
shall be terminated immediately and shall not be permitted until the
permittee complies with the plan and any conditions of the license
and the Town Board is satisfied that all safety and health hazards
are eliminated.
C.
Temporary signs may be posted on the premises of the sales event
for the duration of the sale, subject to the following conditions:
D.
No person shall be granted a license under this provision of this
chapter unless they have a valid sales tax permit from the State of
New York.
E.
Such sale sites are subject to the prior approval of the Chief of
Police and the Fire Inspector, or their designee(s), who shall consider,
among other things, vehicular and pedestrian access to the premises
and on the site, and building and fire safety for the proposed site.
The duration of the license shall be established by the Town
Board at the time of approval of the license. The Town Board may permit
a temporary sales event on a seasonal or periodic basis in the sole
discretion of the Board.
A.
The Building Inspector, the Fire Inspector, and the Code Enforcement
Officer are empowered to cause any building, structure, place or premises
to be inspected and examined and to order, in writing, the remedying
of any condition found to exist therein or thereat in violation of
any provision of this chapter. Such order may be served by personal
service or by first-class United States mail certified with return
receipt to the last known address of the person or persons, as hereinafter
defined, violating the provisions of this chapter, or, if neither
of these methods can be effected and only if neither can be effected,
a copy of the notice may be posted on the property.
B.
The owner, tenant, manager, or general agent of a building or premises
where a violation of any provision of this chapter has been committed
or shall exist, or the lessee, occupant or tenant of an entire building
or entire premises where such violation has been committed or shall
exist, or the owner, general agent, lessee, occupant or tenant of
any part of the building or premises in which such violation has been
committed or shall exist, or the owner, general agent, lessee, occupant
or tenant or any other person who commits, takes part in or assists
in any such violation or who maintains any building or premises or
any part thereof in which any violation shall exist, shall be guilty
of a violation, punishable by a minimum fine of $250 which will be
imposed for each violation of this chapter. Each day's continued
violation shall constitute a separate additional violation, and any
person who, having been served with an order as hereinafter set forth
to remove any such violation, shall fail to comply with said order
within 10 days after such service shall be subject to the penalties
hereinabove set forth.
This chapter shall not apply to garden shops or nurseries or other businesses which maintain as part of their regular business outdoor display and sales areas and which are open for business throughout the year. Such uses and businesses shall be subject to the requirements of Chapter 77 of the Kent Town Code.
