[Adopted 5-31-1938 by G.O. No. 3-1938; amended in its entirety 7-2-1991 by G.O. No.
15-1991]
As used in this article, the following terms shall have the
meanings indicated:
A service room, catering establishment, restaurant or any
other place in which food, containers or supplies are processed, prepared,
handled, packed, transferred or stored and directly from which food
is distributed to a food vendor or from which any vehicle or pushcart
offering food to the public in any public space is supplied.
[Added 8-12-2004 by G.O. No. 5-2004]
The Director of the Office of Licensing, who is also referred to as the Consumer Protection Officer in Article IIIA of the Charter, and shall include the designee of the Director, unless otherwise provided.
[Amended 7-18-1996 by L.L. No. 5-1996]
Includes a building, store or vacant property in which or
where the person transacts business and deals in the goods, wares
and merchandise he hawks or peddles or for which he solicits during
regular business hours.
A temporary gathering of a group of itinerant vendors or
merchants, whether open-air or wholly or partially contained in a
structure, permanent or temporary, for the sale of tangible personal
property, where the sale is advertised by any means whereby the public
at large is invited to or may be made aware of the operation and/or
existence of said "flea market."
Any person who hawks, peddles, sells or offers food for sale
at retail in any public space, including but not limited to a pushcart,
trailer or motor vehicle.
[Added 8-12-2004 by G.O. No. 5-2004]
Any person, who hawks, peddles, sells or offers food for
sale at retail in any public space from a pushcart or motor vehicle.
[Amended 8-12-2004 by G.O. No. 5-2004]
A motor vehicle as defined in the Vehicle and Traffic Law.
[Added 8-12-2004 by G.O. No. 5-2004]
The Office of Licensing of the City of Yonkers.[1]
[Added 7-18-1996 by L.L. No. 5-1996]
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
All publicly owned property between the property lines on
a street as property lines are shown on City records, including, but
not limited to a park, plaza, roadway, shoulder, tree space, sidewalk
or parking space between such property lines.
[Added 8-12-2004 by G.O. No. 5-2004]
Any wheeled vehicle or device used by a food vendor, other
than a motor vehicle, which may be moved with or without the assistance
of a motor and which does not require registration by the Department
of Motor Vehicles.
[Added 8-12-2004 by G.O. No. 5-2004]
Includes any person who goes from place to place or house to house or who stands in any street or public place taking or offering to take orders for goods, wares or merchandise, except newspapers or milk, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery. "Solicitor" shall not include any person, organization or other entity engaged in an activity covered by Chapter 21, Noncommercial Solicitation.
A flea market or trade show organized around a common product
or theme in which vendors, merchants or other participants sell, exchange
or display products, materials or merchandise consistent with the
common product or theme. "Special promotion" shall not include the
Westchester County Fair.
A motor vehicle as defined in the Vehicle and Traffic Law.
[Added 8-12-2004 by G.O. No. 5-2004]
Any person or persons who offer for sale, directly to the
public, items of personal property and/or merchandise. This provision
shall apply to all "vendors" who, in furtherance of their temporary
business of selling, hire, lease, use or occupy any building, structure,
motor vehicle, tent, railroad boxcar, boat, public room in a hotel,
lodging house, apartment shop or any public or private lot or piece
of real property located within the limits of the City of Yonkers;
provided, however, that the following are specifically excluded: sales
of personal property from the residence of the seller at what are
commonly known as "tag sales," "garage sales" or "moving sales" and
sales of personal property conducted by churches and bona fide charitable
organizations from their premises at what are commonly known as "rummage
sales."
[1]
Editor's Note: This definition superseded the former definition
of "bureau."
Nothing in this article shall be held to apply to any sales
conducted pursuant to statute or by order of any court or to any person
selling personal property at wholesale to dealers in such articles.
This article shall not apply so as to unlawfully interfere with interstate
commerce.
[Amended 8-12-2004 by G.O. No. 5-2004; 6-9-2015 by G.O. No. 11-2015; 2-22-2022 by Ord. No. 1-2022]
It shall be unlawful for any person to act as a food vendor,
hawker, peddler or solicitor or to act as a vendor and/or engage in
the sale of merchandise as part of a flea market or special promotion
without first having obtained and having in force and effect a license
therefor.
Any person desiring to procure a license as herein provided
shall file with the Director a written application upon a blank form
prepared by the Director and furnished by the City. Such application
shall give the number and kind of vehicles to be used by the applicant
in carrying on the business for which the license is desired; the
kind of goods, wares and merchandise to be sold or the kind of service
to be performed; the method of distribution; the name, address and
age of the applicant; the name and address of any person, firm or
corporation represented; the length of time the applicant desires
the license; and such other information as may be required by the
Director. Such application shall be accompanied by a certificate from
the Director certifying that all weighing and measuring devices to
be used by the applicant have been examined and approved.
A.
Upon the filing of the application and certificate as provided in the preceding section, the Director shall issue to the applicant an annual license or daily license for vending at a special promotion or flea market as provided in § 20-3, signed by the Director. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. A license shall not be assignable. Any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any other person, shall be guilty of a violation of this article. Whenever a license, badge or vehicle plate shall be lost or destroyed, one replacement under the original application shall be issued by the Director upon filing by the licensee of an affidavit setting forth the circumstances of the loss and upon the payment of a fee of $12.
[Amended 2-22-2022 by Ord. No. 1-2022]
B.
All annual licenses shall be issued from a properly bound book with
proper reference stubs kept for that purpose, numbered in the order
in which they are issued, and shall state clearly the kind of vehicle
to be used; the kind of goods, wares and merchandise to be sold or
service to be rendered; the number of the licensee's badge and license
plate; the dates of issuance and expiration of the license; the fee
paid; and the name and address of the licensee. Such licenses shall
include the right to use one vehicle in carrying on the business for
which the person is licensed. No applicant to whom a license has been
refused or who has had a license which has been revoked shall make
further application until a period of at least six months shall have
elapsed since the last previous rejection or revocation, unless he
can show that the reason for such rejection no longer exists. Every
licensee, while exercising his license, shall carry the license with
him and shall exhibit the same upon demand.
C.
The holder of an annual license may purchase in advance and in bulk
daily licenses to be used by individual vendors at any special promotion
operated by the annual license holder. Unused daily licenses may not
be returned for a refund. By purchasing bulk daily licenses, the holder
of an annual license undertakes responsibility to assure that individual
vendor and merchant at a special promotion, except those vendors or
merchants who have obtained an annual or daily license from the City,
purchases a daily license for each day of the special promotion. Failure
of the holder of an annual license to so require purchase of a daily
license by a vendor or merchant at a special promotion is a violation
of this article. The holder of the annual license may not charge any
person an amount for a daily license which is in excess of the amount
that the annual license holder paid to the City for the daily license.
[Amended 7-18-1996 by G.O. No. 10-1996]
D.
All vendors at the Westchester County Fair shall purchase an annual
license.
[Amended 7-18-1996 by G.O. No. 10-1996; 8-12-2004 by G.O. No. 5-2004]
The Director shall issue licenses after payment of the following
fees to the Comptroller therefor:
A.
For each annual food vendor's, hawker's, or peddler's license, the
sum of $900.
[Amended 3-25-2008 by G.O. No. 2-2008; 6-1-2017 by G.O. No. 8-2017; 2-22-2022 by Ord. No. 1-2022]
B.
For each annual vendor's license, including a vendor or merchant
as part of a special promotion as herein defined, the sum of $300.
C.
For each daily license as a vendor or merchant as part of a special
promotion as herein defined, the sum of $50.
D.
The annual fee for a solicitor's license shall be set at $19.50 related
to the cost for background check, processing, and materials and shall
increase 5% annually reflecting average annual cost increases.
[Added 6-9-2015 by G.O.
No. 11-2015; amended 2-22-2022 by Ord. No. 1-2022]
[Amended 8-12-2004 by G.O. No. 5-2004]
Every vehicle used by a licensed hawker, peddler or solicitor
in or about his business shall have the name of the licensee and his
business address and business phone number plainly, distinctly and
legibly painted in letters and figures at least two inches in length
in a conspicuous place on the outside of each side of every such vehicle,
and such name and address shall be kept so painted plainly and distinctly
at all times while such vehicle is in use during the continuance of
this license.[1]
All orders taken by licensed solicitors who demand, accept or
receive payment or deposit of money in advance of final delivery shall
be in writing, with duplicate, stating the terms thereof and the amount
paid in advance, and one copy shall be given to the purchaser at the
time the deposit or money is paid to the solicitor.
It shall be the duty of the Director to keep a record of all
applications and all licenses granted under the provisions of this
article, giving the number and date of each license, the name and
residence of the person licensed, the amount of the license fee paid
and also the date of suspension or revocation of all licenses suspended
or revoked.
