[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 Chapter 23, Zoning, of the Code of the City of Pittsfield 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 Section 9-19 are met, the licensing board shall issue a transient vendor license to the applicant. The fee for the issuance of said license shall be as stated in Chapter 24, Schedule of Fees, of this Code.
[Ord. No. 1332, 11-13-2025]
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 Section 9-21. 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.
H. 
The provisions of this Section 9-21 shall not apply to vendors permitted pursuant to Chapter 11, Article V, Section 11-35.
[Ord. No. 1053, 5-24-2011]
A. 
Unless otherwise specified, violations of this article shall be subject to the criminal and noncriminal enforcement and fine provisions as stated in Chapter 4 1/2 of this Code.
[Ord. No. 1332, 11-13-2025]
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.