As used in this chapter, the following terms shall have the
meanings indicated:
COMPANY
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
PEDDLE
To go personally from house to house, from store to store,
from place to place or from street to street or to deal out, distribute
or dispense, to sell and make immediate delivery or to offer for sale
and delivery any merchandise, goods, wares or provisions in possession
of the seller, or labor or personal services, at any place within
the City of Rensselaer other than from a fixed place of business,
but shall not include mailing.
PEDDLER
Any person or company who peddles, as herein defined. The
words "peddler," "hawker" and "huckster" are considered synonymous
terms.
PERSON
Only a natural person, whether a resident of the City of
Rensselaer or not.
SOLICIT
To go from house to house, from store to store, from place
to place or from street to street to sell or take orders for goods,
wares, merchandise or provisions for future delivery or for labor
or services to be performed at any place within the City of Rensselaer
or to distribute advertising matter, but shall not include mailing.
SOLICITOR
Any person or company who or which solicits as herein defined.
STATIONARY LOCATION
Includes any point or distance within 0.3 of a mile in all
directions of a stationary location.
It shall be unlawful for any person or company to peddle or
solicit within the City of Rensselaer without having first obtained
a valid license therefor as provided herein.
An application for a license shall contain the following information:
A. The name and description of the applicant; a copy of appropriate
identification such as photo identification, a driver's license or
passport, a photocopy of which shall be retained by the City of Rensselaer;
B. The address of the applicant (local and legal);
C. A brief description of the nature of the business and the kind of
goods or property to be peddled or solicited;
D. If employed by the owner of a licensed vehicle, the name and address
of such employer, together with credentials establishing the exact
relationship;
E. If for a vehicle license, a description of the vehicle, together
with the license number or other means of identification;
F. If the applicant is a company, the name and address and title of
the officer of the company, or if a limited-liability company the
name and address of the member(s) upon whom process or other legal
notice may be served;
H. A statement as to whether or not the applicant has been convicted
of a felony, misdemeanor, or local law violation, the nature of the
offense or violation, the penalty or punishment imposed, the date
when and place where such offense occurred, and other pertinent details
thereof;
I. Proof of possession of any license or permit which, under federal,
state or local law or regulations, the applicant is required to have
in order to conduct the proposed business, or which, under any such
law or regulation, would exempt the applicant from the permitting
requirements of this article; and
J. Two unmounted, unaltered photographs of himself/herself in such position
as to show the head and shoulders of the applicant in a clear and
distinguishing manner. Photographs shall have been taken within 60
days preceding the filing of his/her application, and shall measure
two inches by two inches.
Every peddler, solicitor or vendor licensed under this article
shall have his license in his immediate possession at all times when
peddling or soliciting and shall display the same upon demand of any
person.
No license, license plate or badge issued under the provisions
of this article may be transferred from one person to another person
or from one vehicle to another vehicle, nor shall the badge so issued
be used or worn at any time by any other person than the one to whom
it was issued.
No peddler, solicitor or vendor shall have any exclusive right
to any location in the public streets, nor shall any be permitted
a stationary public location, nor shall he be permitted to operate
for longer than 10 minutes in any one public location. No peddler
or solicitor shall peddle or solicit within 1,000 feet of the Walter
S. Pratt Memorial Playground (Baby Pool) on East Street.
Any permit issued under this article may be revoked or suspended
by the Chief of Police, his designee or the City Clerk after notice
and hearing, for any of the following reasons:
A. Fraud, misrepresentation or false statement contained in the application
for a permit;
B. Fraud, misrepresentation or false statement made by the permittee
in the course of conducting peddling activities;
C. Conducting peddling activities contrary to the provisions in the
permit;
D. Conviction for any crime involving moral turpitude; or
E. Conducting peddling activities in such a manner as to create a public
nuisance constitute a breach of the peace or endanger the health,
safety or general welfare of the public.
No person shall request a donation of money or thing of value
or solicit or peddle in an aggressive manner, to be defined as follows:
A. Intentionally or recklessly making physical contact with or touching
another person in the course of the solicitation without consent.
B. Following the person being solicited if that conduct is reasonably
likely to intimidate the person being solicited or put the person
in fear of harm or a criminal act.
C. Continuing to solicit within five feet of the person being solicited
after that person has made a negative response and has asked the solicitor
to discontinue.
D. Intentionally or recklessly blocking the safe or free passage of
the person being solicited whether on foot, or in a vehicle, or other
means of transportation.
E. Using obscene or abusive language or gestures while soliciting a
person.
F. Soliciting within 15 feet of a bank, or automated teller machine,
during hours of business or operation, without the expressed consent
of the owner of the property.
If the applicant for a peddler's, solicitor's or vendor's license
uses scales or measures in his business, he shall also file with his
application for a license a certificate issued by the Rensselaer County
Sealer of Weights and Measures that his scales or measures have been
tested and sealed.
It shall be unlawful for any solicitor or peddler, either licensed
or unlicensed, to enter any privately owned building for the purpose
of selling merchandise without receiving a request by the owner or
lessee of that property inviting the peddler or solicitor to enter
upon that building for the purpose of making a sale.
It shall be the duty of any police officer of the City of Rensselaer
to:
A. Require any person seen peddling or soliciting, and who is not known
by such police officer to be duly licensed, to produce his peddler's
or solicitor's license.
B. Enforce the provisions of this chapter against any person found to
be violating the same.
Any person aggrieved by the action of the Police Department or the City Clerk in the denial of the application for license as provided in §
136-10 of this chapter or in the decision of City Clerk with reference to this revocation of a license as provided in §
136-17 of this chapter shall have the right to appeal to the Common Council of the City of Rensselaer. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds of such appeal. The Common Council shall set a time and place for a hearing or such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Common Council on such appeal shall be final and conclusive.
Any person committing an offense against any provision of this
chapter shall be guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both
such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
As used in this article, the following terms shall have the
meanings indicated:
GOODS, WARES, MERCHANDISE
Fruits, vegetables, farm products or provisions, dairy products,
fish, game, poultry, meat, plants, flowers, appliances, wearing apparel,
jewelry, ornaments, artwork, cosmetics and beauty aids, health products,
medicines, household needs, or furnishings, food of any kind, whether
or not for immediate consumption, confections, or drinks.
MOTOR VEHICLE
Any vehicle used for displaying, storing, or transporting
articles for sale by a vendor which is required to be licensed and
registered by the state clerk of motor vehicles of any state.
PUBLIC SPACE
All City-owned parks and City-owned property within street
rights-of-way, including any roadways and sidewalks.
PUBLIC WAY
All areas legally open to public use such as public streets,
sidewalks, roadways, highways, parkways, alleys, parks, as well as
the area surrounding and immediately adjacent to public buildings.
PUSHCARTS
Any wheeled vehicle approved by the Clerk in accordance with
this article designed for carrying property and for being pushed by
a person without the assistance of a motor or motor vehicle.
SIDEWALK
All that area legally open to public use as a pedestrian
public way between the curbline and the legal building line of the
abutting property.
SPECIAL EVENT
Any occasion, including but not limited to fairs, shows,
exhibitions, Citywide celebrations, and festivals taking place within
a specifically defined area of the municipality for a period of time
not to exceed three days.
STAND
Any showcase, table, bench, rack, handcart, pushcart, stall
or any other fixture or device that is used for the purpose of displaying,
exhibiting, carrying, transporting, storing, selling or offering for
sale any food, beverages, goods, wares or merchandise upon a sidewalk.
STREET
All that area legally open to public streets, and sidewalks,
roadways, highways, parkways, alleys and any other public way.
VEHICLE
Every device in, upon, or by which a person or property may
be transported or drawn upon a street or sidewalk, including, but
not limited to, devices moved by human power.
VENDOR
Any person, traveling by foot, wagon, vehicle or any other
type of conveyance from street to street carrying, conveying, or transporting
goods, wares or merchandise and offering and exposing them for sale,
or making sales and delivering articles to purchasers; or who, without
traveling from place to place, exhibits, displays, sells or offers
for sale such products from a wagon, handcart, pushcart, motor vehicle,
conveyance or displays, sells or offers for sale such products from
a wagon, handcart, pushcart, motor vehicle, conveyance or from his
person while on the public ways of the City; includes any street vendor,
hawker, huckster, itinerant merchant or transient vendor. This definition
does not include a door-to-door peddler or solicitor, nor does this
definition include a "sidewalk sale" of an established business, nor
a "garage sale," "lawn sale," nor "estate sale," as they are commonly
known, at a private residence.
It shall be unlawful for any person to engage in the business
of vending unless he has first obtained a license from the City Clerk.
All licenses shall be issued according to regulations established
by the Common Council.
The application for a vending license shall contain, at a minimum,
the following:
A. The applicant's full name, current address, telephone number, social
security number and proof of identity in the form of appropriate photo
identification such as a driver's license or passport, a photocopy
of which shall be retained, together with two unmounted, unaltered
photographs of himself/herself in such position as to show the head
and shoulders of the applicant in a clear and distinguished manner.
Photographs shall have been taken within 60 days preceding the filing
of his/her application, and shall measure two inches by two inches.
B. A brief description of the nature, character and quality of goods,
wares or merchandise to be offered for sale.
C. The specific location, if any, at which the vendor intends to conduct
business.
D. If the applicant is employed by another, the name and address of
the person, firm, association, organization, company or corporation.
E. If a motor vehicle is to be used, a description of the vehicle, together
with the motor vehicle registration number and license number.
F. A complete listing of any other licenses or permits issued to the
applicant by the municipality within the five years immediately preceding
the date of the application.
G. A statement as to whether or not the applicant has been convicted
of a felony, misdemeanor, or local law violation, the nature of the
offense or violation, the penalty or punishment imposed, the date
when and place where such offense occurred, and other pertinent details
thereof.
H. The City of Rensselaer may require a criminal history of the applicant
via fingerprint submission every three years at the cost of the applicant.
If the applicant wishes to utilize a City park or other facility,
the applicant may, in the discretion of the Youth Director, be required
to fill out and execute a use of municipal facilities form and provide
proof of applicable insurance. Having a City vendors permit does not
automatically entitle a vendor to go into a sponsored event unless
he/she has permission from the organization to be there.
Having a vendors permit from the City of Rensselaer does not
automatically entitle a vendor to go into a privately sponsored event
in Riverfront Park or any other park in the City.
All vendors shall assure that a current and correct name, residence
address and mailing address are on file with the City Clerk. Whenever
either the name or address provided by a licensed vendor on his application
for a vending license changes, the licensee shall notify the City
Clerk's office in writing within 10 days of such change and provide
the same with the name change or address change.
Vendors shall be allowed to engage in the business of vending
only between the hours of 9:00 a.m. and 9:00 p.m. unless given special
permission for special events. No vending station, conveyance or other
item related to the operation of a vending business shall be located
on any City sidewalk or other public way during nonvending hours;
nor shall any vehicle be parked, stored or left overnight other than
in a lawful parking place.
Vendors shall keep the sidewalks, roadways and other spaces
adjacent to their vending sites or locations clean and free of paper,
peelings and refuse of any kind generated from the operation of their
businesses. All trash or debris accumulating within 10 feet of any
vending stand shall be collected by the vendor and deposited in a
trash container.
No vendor shall be permitted to operate in the following areas
of public space:
A. Within five feet of any street intersection or pedestrian crosswalk.
B. Within 10 feet of any driveway, loading zone or bus stop.
C. Within 20 feet of another vending location assigned to another vendor
on a public sidewalk.
D. Within a minimum of five feet of unobstructed pedestrian space.
E. In any area within 10 feet of a building entrance or exit.
F. On the median strip of a divided roadway.
G. Against display windows of fixed-location businesses.
H. Any area within 50 feet of a school.
I. Within 30 feet of any fire hydrant or fire escape.
J. Within 15 feet of any parking space or access ramp designated for
persons with disabilities.
K. Within 1,000 feet of the Walter S. Pratt Memorial Playground (Baby
Pool) on East Street.
No person authorized to engage in the business of vending under
this article shall do any of the following:
A. Unduly obstruct pedestrian or motor vehicle traffic flow, except
for up to 15 minutes to load or unload vending stations and/or vending
merchandise.
B. Obstruct traffic signals or regulatory signs.
C. Stop, stand or park any vehicle, pushcart or any other conveyance
upon any street for the purpose of selling during the hours when parking,
stopping and standing have been prohibited by signs or curb markings.
D. Leave any conveyance unattended at any time or store, park, or leave
such conveyance in a public space overnight.
E. Use any conveyance that, when fully loaded with merchandise, cannot
be easily moved and maintained under control by the licensee, his
employee, or an attendant.
F. Sound any device that produces a loud and raucous noise or operate
any loudspeaker, public address system, radio, sound amplifier, or
similar device to attract public attention, or otherwise violate applicable
noise restrictions in this City Code.
G. Conduct his business in such a way as would restrict or interfere
with the ingress to or egress from the abutting property owner or
tenant, create a nuisance, increase traffic congestion or delay, constitute
a hazard to traffic, life or property, or obstruct adequate access
to emergency and sanitation vehicles.
If the Chief of Police, his designee or the City Clerk denies the issuance of a license or permit, suspends or revokes a license or permit, or orders the cessation of any part of the business operation conducted under the license or permit, the aggrieved party may appeal the Chief of Police's, his designee's or the City Clerk's decision to the Common Council following the same procedures as set forth in §
136-18 of this chapter.
A vending license may be renewed, provided an application for
renewal and license fees are received no later than the expiration
date of the current license. Any application received after that date
shall be processed as a new application. The Chief of Police, or his
designee, and the City Clerk shall review each application for renewal
and, upon determining that the applicant is in full compliance with
the provisions of this article, shall issue a new license.
Violation of any of the provisions of this article shall, upon
conviction, be punishable by a fine up to $250 and/or 15 days in jail.
No part of this article or the article itself shall be construed
to be an amplification or derogation of the rights or responsibilities
of abutting property owners. Any remedies rights or obligations provided
to such property owners or their successors in interest under the
law of real property or the laws of the State of New York shall be
in addition to the remedies, rights, obligations or penalties provided
hereunder.