[Ord. No. 1053, 5-24-2011]
It shall be unlawful for a transient vendor as defined in Article I of this chapter to engage in a temporary business within the City without first obtaining a license therefor in compliance with the provisions of this article.
[Ord. No. 1053, 5-24-2011]
(a)
Applicants for a City of Pittsfield transient vendor license under
this article, whether a person, firm, or corporation, shall file a
written application with the licensing board on a form provided for
that purpose and shall provide to the licensing board a copy of the
applicant's transient vendor license issued by the Commonwealth of
Massachusetts pursuant to MGL c. 101. Said application shall include
the name and residence of the owners or parties in whose interest
said business is to be conducted and the names of all persons employed
by the applicant in the business.
(b)
Transient vendors operating under a promoter that is properly licensed
by the Commonwealth of Massachusetts are exempt from the Commonwealth
of Massachusetts transient vendor license pursuant to MGL c. 101,
§ 3A. Transient vendors operating under a promoter that
is licensed by the Commonwealth of Massachusetts is required to possess
a City of Pittsfield transient vendor license.
(c)
Transient vendors and promoters may not operate an outdoor temporary
business or show in a residential zoning district as defined by the
City of Pittsfield's Zoning Ordinance[1] and may not be located in an area that is less than 300
feet from any residentially zoned parcel or any parcel used for residential
purposes except where granted a permit by the Zoning Board of Appeals
after a public hearing with written notification to all property owners
located within 300 feet. The 300 feet shall be measured from all property
lines of the proposed location.
[Ord. No. 1053, 5-24-2011]
(a)
If the requirements of § 9-18 are met, the licensing board shall issue a transient vendor license to the applicant. There shall be a fee of $300 for the issuance of said license.
(b)
Said license shall expire on the 31st of December in the year in
which it was issued and must be renewed annually.
[Ord. No. 1053, 5-24-2011]
(a)
Any person licensed under the provisions of this chapter must possess
a City of Pittsfield permit to occupy the right-of-way issued by the
Department of Public Services. Carts and tables used to display or
sell goods, wares, or merchandise shall not be placed within:
(1)
Twenty-two feet on either side of any doorway or other means of egress.
(2)
Eighteen inches of a curb and must maintain at least four feet of
accessible space between cart/table and storefront.
(3)
Ten feet of any fire hydrant, crosswalk, street corner or driveway.
(4)
Five feet of any bus shelter or disabled access.
(b)
No transient vendor shall occupy more than eight linear feet of public
space parallel to the curb or occupy more than three linear feet to
be measured from the curb setback as defined in Subsection (a)(2)
above toward the property line.
(c)
No transient vendor cart, stand, goods or any other item related
to the operation of a vending business shall touch, lean against or
be affixed permanently or temporarily to any building or structure,
including, but not limited to, lampposts, parking meters, mailboxes,
traffic signal stanchions, fire hydrants, tree boxes, benches, bus
shelters, refuse baskets or traffic barriers.
(d)
No transient vendor shall vend on the median strip of a divided roadway.
(e)
No transient vendor shall vend within the City parks unless written
authorization therefor has been obtained from the Parks Commission.
(f)
No transient vendor shall vend using the surface of the sidewalk,
or a blanket or board placed immediately on the sidewalk or on top
of a trash receptacle or cardboard boxes to display merchandise. No
transient vendor display may exceed five feet in height from ground
level.
(g)
Any person, entity or organization conducting a special event on or around City streets may apply to the licensing board for a temporary suspension of the provisions of this § 9-20. Any such temporary suspension shall be expressly limited with regard to time and place and shall be posted in the City Clerk's office at least five days prior to the special event.
[Ord. No. 1053, 5-24-2011]
(a)
Any person who violates any provision of this chapter may be penalized by criminal complaint or by noncriminal disposition as provided in Chapter 4 1/2 of this Code. Any such violation shall be punishable by a fine in the amount of $300 for each offense. Each day in which a violation exists may be deemed to constitute a separate offense. The provisions of this article shall be enforced by the Building Inspector, the Director of Public Health and Fire Department and Inspections, or the Police Department.
(b)
Any license issued pursuant to this article may be revoked or suspended
by the licensing board after notice and hearing for any of the following
reasons:
(1)
Any fraud, misrepresentation, or false statement contained in the
application for said license;
(2)
Any fraud, misrepresentation, or false statement made in connection
with the selling of goods, wares, or merchandise;
(3)
Any violation of this article;
(4)
Conviction of the licensee of any felony or of a misdemeanor involving
moral turpitude; or
(5)
Conducting the business licensed under this article in an unlawful
manner or in such a manner as to constitute a breach of the peace
or a menace to the health, safety, or general welfare of the public.
