The purposes of this article are the protection of government, order, conduct, the general welfare, safety, morals, health and well-being of the persons and property of the City of Olean. It is adopted pursuant to Municipal Home Rule Law § 10, Subdivision 1(ii)(a)(11) and (12), § 10, Subdivision 2, and General City Law § 20(13).
The following definitions shall be applicable to this article:
AUCTION
Includes any sale to the public where a person or his/her agent offers for sale to the highest bidder any goods, wares, merchandise or property.
CHURCH
A religious organization as defined under the Religious Corporation Law of the State of New York.
CITY-SPONSORED EVENT
A special event which is sponsored and hosted by the City of Olean or its designee by a resolution of the Common Council.
ESTABLISHED PLACE OF BUSINESS
Any location within the City where any person regularly sells, displays, or offers goods, services, produce, wares and merchandise to the general public.
GARAGE SALE
Includes all sales defined under Chapter 13, Article III of the Code of Ordinances of the City of Olean.
GOODS, WARES, MERCHANDISE, SERVICES
Shall include but not be limited to fruits, vegetables, farm products, fish, game, poultry, meats, plants, flowers, appliances, wearing apparel, jewelry, ornaments, art work, cosmetics and beauty aids, health products, medicines, household needs or furnishings, food of any kind, whether or not for immediate consumption, confections or drinks, or personal services immediately offered or rendered.
NOT-FOR-PROFIT CORPORATION
An organization formed in accordance with the Not-For-Profit Corporation Law of the State of New York.
NOT-FOR-PROFIT SPECIAL EVENT
A special event which is sponsored by a not-for-profit corporation or association either as a fund-raiser or otherwise.
PEDDLER
A person who offers goods, wares, merchandise or services for sale door to door, including house to house, business to business, street to street, or any other type of place-to-place movement. Delivery and payment occur immediately.
PERSON
Any individual, partnership, corporation, limited-liability company, voluntary association, club or any other business organization, and any principal or agent thereof.
QUALIFIED CHARITABLE ORGANIZATION
Any unincorporated religious or other organization which has been organized and operated exclusively for exempt purposes and has been qualified as an exempt organization under Section 501(c)(3) of the Internal Revenue Code of the United States of America.
REGULARLY
For the purpose of this section, "regularly" is defined as a period of more than six months.
SPECIAL EVENT
Any occasion, including but not limited to street fairs, shows, exhibitions, City-wide celebrations and festivals taking place within a specifically defined area of the City of Olean for a period of time not to exceed seven days.
SOLICITOR
Any person who goes from door to door, including house to house, business to business, street to street, or any other type of place-to-place movement or who stands in any street or public place taking or offering to take orders for goods, wares or merchandise or services to be delivered or performed in the future, or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
TEMPORARY
For the purpose of this section, "temporary" is defined as a period of less than six months.
TRANSIENT MERCHANT
Any person engaging in temporary retail sale or display of goods, wares, merchandise, services, produce or prepared foods; where the value of any single item offered for display or sale exceeds $1,000; and for the purpose of conducting said business, occupies any lot, building, room, or structure of any kind within the City.
VENDOR
Any person engaging in the temporary retail sale or display of goods, wares, merchandise, services, produce, or prepared foods and for the purpose of conducting said business:
(1) 
Travels by foot, wagon, vehicle or any other conveyance from street to street, carrying or conveying, or transporting goods, wares, or merchandise, and offering them for sale; or
(2) 
Without traveling from place to place, exhibits, displays, sells, offers to sell or perform services to be delivered immediately and occupies any lot, building, room, or structure of any kind within the City for a period of six months or less.
It shall be unlawful for any person to peddle, solicit, vend, or to operate as a transient merchant, on any public or private outdoor walk, street, alley, lot, building, room, or structure of any kind, without having first applied to and obtained a license from the City of Olean in accordance with this article. The license type provided in this article shall be in addition to and not in lieu of any other consent, permit or license as may be otherwise required by law.
The application for any license under this article shall be on a form proscribed by the City Clerk and approved by a resolution of the Common Council and shall contain all the information relevant and necessary to determine whether a particular license may be issued, including but not limited to:
(1) 
The applicant's and any worker's full name, current address, telephone number, proof of identity;
(2) 
A brief description of the nature, character, and quality of goods, wares or merchandise to be offered for sale;
(3) 
The specific location, if any, where the applicant intends to conduct business;
(4) 
If the applicant is employed by another, the name and address of the person on behalf of whom the applicant is representing;
(5) 
If a motor vehicle is to be used, displayed or sold, a description of the vehicle, together with the VIN, registration number, license plate number and insurance information;
(6) 
A complete listing of any other licenses, permits, or authorizations issued to the applicant by the City, state or any governmental entity within the five years immediately preceding the date of this application;
(7) 
Evidence satisfactory to the City Clerk of compliance with any public health law related to the sale of food;
(8) 
Evidence satisfactory to the City Clerk of compliance with any other federal, state, or local law relating to the merchandise proposed to be offered for sale; and
(9) 
Any fee, bond or surety as may be required by this article.
Any application for a license this article shall be accompanied with the appropriate certificates of authority, permits or letters of authorization from any governmental agency under which the applicant has been issued a license to conduct business.
(a) 
The applicant shall be notified of the City's decision to issue or deny the license within 30 days after the acceptance of the application by the City Clerk.
(b) 
Each license shall show the name and address of the license, the name and address of the licensed workers, if applicable, the type of license issued, the kind of goods to be sold, the amount of the license fee, the license number, and, where applicable, the identifying description of any vehicle used or to be sold in connection with the license.
No applicant to whom an application has been denied shall make further application until a period of at least six months has elapsed since the date of the last previous denial unless the applicant can establish that the reason for such denial no longer exists.
(a) 
Any person granted a license under this article shall pay a license fee in accordance with the type of license issued under Divisions Two, Three, Four and Five of this article.
(b) 
In addition to the license fee for the type of license issued, all applicants applying for a license under this article shall be required to pay a license application surcharge in the amount of $25 to offset the cost of administering the license application process. This fee shall be required annually; however, the same shall be deemed as paid by the applicant on any subsequent application submitted by the license one year from the date of issuance of the first license.
(a) 
Any license or permit issued by the City shall be issued to the licensee whenever he or she is engaged in activity authorized by the license. Photo identification must be carried by the licensee or any worker operating under the license and presented upon request to any City official verifying the identity of the license holder.
(b) 
Any license, permit or authorization issued in connection with the license must be prominently and conspicuously displayed at all times during operation under the license.
(a) 
The Chief of Police or his designee shall make sufficient inspections to insure the compliance with the licensing and other applicable provisions of this article. The Chief of Police shall have full authority to summarily suspend or revoke any license granted for failure to comply with the laws, regulations, or ordinances of the City of Olean, State of New York, of the United States of America.
(b) 
The penalty for violating any provision of this article or any other applicable section of the Code of the City of Olean shall be a fine not less than $250 and not more than $500, together with the suspension or revocation of the license or imprisonment not exceeding 30 days, or both fine and imprisonment.
(a) 
In addition to the penalties contained in Section 13-254, any license issued under this article may be suspended or revoked for any of the following reasons:
(1) 
Fraud, misrepresentation, or knowingly making a false statement contained in the application for the license; or
(2) 
Fraud, misrepresentation or knowingly making a false statement in the course of carrying on business under the license; or
(3) 
Conducting business in any manner contrary of the conditions of the license;
(4) 
Conducting business under the license in such a manner to create a public nuisance, cause a breach of the peace, constitute a danger to the public health, safety, welfare or morals, interfere with the rights of property owners; or
(5) 
Failure to display any license, permit or authorization issued by any other governmental entity in connection with the license; or
(6) 
Cancelation of any license, permit, or display issued by any other government entity in connection with the license;
(7) 
Failure of any person working under the license to produce identification upon the request of any City official charged with the enforcement of this article.
(b) 
The City official charging a violation under this article shall provide a written notice of the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or revocation, and notifying the licensee of his right to appeal.
(c) 
If the City revokes a license issued under this article, the fee already paid for the license shall be forfeited.
(d) 
Any person who has had a license revoked under this section shall be prohibited from applying for a license under this article for a period of one year from the date of revocation.
If the City Clerk denies the issuance of a license under this article or if any license issued under this article is suspended or revoked, the aggrieved party may appeal to the Common Council at the next regularly scheduled work session, at which time the Council, by majority vote, shall have the authority to uphold the denial, issue the license, issue the license with conditions, or to table the application and require the submission of further information from the applicant, or in the instance of a suspension or revocation, uphold the same.
Any provision of this division to the contrary notwithstanding, no license shall be required in the following circumstances:
(1) 
Of a garage sale, estate sale, auction, circus or carnival which is itself licensed as may be required by the ordinances of the City; or
(2) 
Of sales conducted pursuant to statute or by any court; or
(3) 
Of any honorably discharged soldier, sailor or marine what has procured a license as provided by the General Business Law of the state; or
(4) 
Sales or events conducted by any church, not-for-profit corporation or qualified charitable entity, which sale is conducted by bona fide members of such church or organization, and all net proceeds from the sale of goods, wares or merchandise are retained by such church or organization.
(5) 
Sales of in-season vegetables by the grower thereof from a stand, table or booth.
(6) 
Sales from a stand, table or booth open for business for a period of not exceeding four hours during a twenty-four-hour period nor more than three days in any seven-day period.