[Adopted 8-8-2012 by L.L. No. 6-2012]
No person, firm or corporation, without first having obtained
a license therefor as provided herein, shall peddle food items, goods,
wares or merchandise in a specific location within the Town of Union,
outside the corporate limits of any village, or sell or offer for
sale any food items, goods, wares or merchandise in, upon or from
any booth or stand in such Town outside the corporate limits of any
village; provided, however, that regularly established retailers in
said Town and their duly appointed agents, servants and employees
shall not be required to apply for and obtain a license or to pay
a fee for sales conducted where their established place of business
is located.
When used in this article, unless otherwise expressly stated
or unless the context or subject matter otherwise requires, the following
terms shall have the meanings indicated:
Any benevolent philanthropic, patriotic military veterans, not-for-profit,
educational or religious association, society or organization qualified
as a tax-exempt organization under Section 501 of the Internal Revenue
Code;
Any governmental entity or organization, including, without
limitation, a school district, fire district and fire company.
The Building Inspector/Code Enforcement Official shall be
the enforcement official. Authority to issue violation notices shall
also rest with any member of the Broome County Sheriff's Department.
A permanent building, store or depository in which or where
the person transacts business and deals in the goods, wares or commodities
he peddles, vends or solicits in the ordinary and regular course of
business.
Selling or offering for sale, barter or exchange any food
items, property or service either for immediate or future delivery
or performance within the Town outside the incorporated villages,
from a temporary location outside the established place of business.
A merchant or vendor who chooses a specific location within
the Town upon which to erect or park a cart, tent, wagon, truck, trailer
stand or similar temporary structure or facility, from which to engage
in merchandising, with or without the intent to return to the same
location each day. This category shall include temporary, off-premises
roadside stands established for the purpose of selling vegetables,
fruit or other farm products; food wagons; Christmas trees; and any
nonperishable goods. This category shall exclude farmers' markets
on Town premises or approved through the site plan review process.
Sales shall be conducted for three days or less. A temporary merchant
must have the written permission from the owner(s) of the location
where the temporary merchant intends to conduct the sale of the intended
products.
A retail or wholesale business conducted from a temporary
structure or tent, truck, van or trailer, stand, parking lot or vacant
parcel of land, in a public right-of-way or in or on any other place
in the Town, but not the outdoor sales or property or services accessory
to a business conducted within a permanent structure on a same premises
or the sale of food products raised or produced on the same premises
from a temporary or seasonal stand, provided that the principal structure
or activities otherwise comply with the zoning and other laws, regulations
and ordinances of the Town.
It shall be unlawful for any person within the limits of the
Town of Union, outside the Village of Endicott or Johnson City, as
a temporary or transient merchant to perform merchandising, as herein
defined, without first having obtained or paid for and having in force
and effect a license therefor.
Nothing in this article shall be held to apply to:
A.
Any sales conducted pursuant to statute or by order of any court.
B.
Any person selling personal property at wholesale to dealers in such
articles.
C.
Temporary sales conducted on sponsoring organization's property.
D.
Any licensed real estate brokers or insurance salesmen.
E.
Any honorably discharged member of the Armed Forces of the United
States who has procured a license under Article 4 of the General Business
Law of the State of New York, but no such person shall engage in any
of the occupations specified in this article without first having
been issued a license by the Town Clerk.
F.
Any charitable organization, as defined herein, or its agents or
employees or veterans licensed pursuant to General Business Law § 32
et seq., if the event is held on the organization's property
or if the charity or nonprofit organization receives at least 75%
of the gross profits earned from the event, exhibited by a signed
statement in writing from an authorized representative of the charity
or nonprofit organization submitted to the Town.
G.
Any person soliciting at the express invitation of the person solicited
or serving an established customer.
H.
Any person conducting a business or activity performing a service
pursuant to a license issued by the United States government, the
State of New York or by any business service or activity licensed
under any other law, regulation or ordinance of the Town of Union.
I.
Any political parties and candidates for public office.
A.
Every applicant for a license is required to submit to the Town Clerk
a written application supplying, under oath, the following information:
(1)
Name and age of applicant.
(2)
Permanent home residence.
(3)
Name and address of firm represented, if any.
(4)
A statement as to the period of time during which the applicant intends
to engage in a business or activity regulated under this article.
(5)
A description of the goods, wares or commodities to be offered for
sale, and a detailed statement of the particular business, trade or
occupation for which the license is requested.
(6)
All felonies or misdemeanors for which the applicant has been convicted.
(7)
To the application must be appended a letter of authorization from
the firm which the applicant purports to represent.
(8)
The number and kind of vehicles, if any, to be used by the applicant
in carrying on the business for which the license is required.
(9)
The names and addresses of all partners, if a partnership, and the
names and addresses of the principal officers, if a corporation, limited-liability
company or other similar business entity, and the name and address
of a person upon whom a legal notice may be served.
(10)
A copy of all media advertising, including but not limited to
handbills, radio and newspaper advertisements and posters. Such advertising
must bear an accurate reflection of the inventory actually available
for sale and must contain a notice that a copy of the inventory available
for sale is on file at the Town Clerk's office.
(11)
A letter from the property owner granting permission to the
applicant to conduct a temporary or transient retail business on the
owner's premises.
(12)
Such other information as may be required by the Town Board
of the Town of Union.
(13)
Proof that the applicant or his or her employer or principal
is registered.
(14)
A description of any motor vehicle that will be used for transient
business purposes, or from which a transient business will be conducted,
to include the name of the manufacturer, year, type of vehicle, vehicle
identification number, registration plate number, title holder and
the name of the person other than the title holder to whom the vehicle
is registered, if any.
(15)
Further information required by the Town Clerk, including a
certificate of insurance with the Town named co-insured.
(16)
The application shall be signed by the applicant and sworn to
before a notary public or other officer authorized to administer oaths.
B.
If the applicant has one or more employees who will work in the Town,
the same information must be supplied as to each employee.
C.
No license shall be issued unless and until the completed application
and any required attachments have been filed in the Town Clerk's
office for at least seven days.
A.
All applicants proposing to sell food items shall be required to
obtain a food-handler's license from the Broome County Health
Department.
B.
Locations shall be restricted to established off-street parking areas.
Said location shall be designed to provide parking spaces for a minimum
of five vehicles. Both active and inactive off-street parking may
be utilized if the above criteria is met.
C.
Not more than one temporary merchant per lot will be permitted. A
minimum distance of 1,000 feet shall be maintained between locations
for temporary merchants.
D.
Temporary merchants shall be prohibited from conducting business
on a municipal property.
E.
The area to be occupied by a single temporary merchant, including
stand, tent, wagon, truck, sign and trash receptacle, shall not exceed
600 square feet.
F.
The temporary merchant shall provide for and maintain trash receptacles
and be responsible for trash removal at the end of each day.
G.
The temporary merchant shall not sell or transfer the assigned space.
H.
One freestanding sign per temporary merchant may be permitted. Signs
must be constructed of a durable material and maintained in a presentable
condition. Flashing lights or lighting is prohibited. No sign shall
be placed within 15 feet of a property line or within an established
sign triangle for interior lanes or access driveways. All freestanding
signs must be removed and properly secured during nonoperating hours
of the temporary merchant. Maximum sign face shall not exceed four
square feet and shall not exceed four feet in height.
I.
A transient business permit, as defined herein, shall be limited
to a single location; the location must be approved by the Building
Department.
J.
Upon receipt of the application and of the license fee, and if reasonably
satisfied with the applicant's qualifications, the Town Clerk
shall issue a license to the applicant specifying the particular business
authorized as set forth in the definitions herein, and the location
where it may be conducted, subject to the approval of the Building
Department, if the permit is for a temporary business permit. This
license shall be nontransferable and shall be in the continuous possession
of the licensee while engaged in the business licensed. The license
shall be produced upon the demand of any Town official, prospective
buyer, police officer or sheriff. 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.
The Town Clerk shall keep a record of the applications, the
determinations thereon and of all licenses issued in accordance with
this article. The record shall contain the name and residence of the
person licensed, the location of the business, the amount of the license
fee paid and the date of revocation of all licenses revoked.
Fees shall be set from time to time by resolution of the Town
Board.
A licensed temporary merchant shall:
A.
Not willfully misstate the quantity or quality of any article offered
for sale.
B.
Not willfully offer for sale any article of an unwholesome or defective
nature.
C.
Not call attention to his goods by blowing a horn, by ringing a bell
other than a house doorbell, by shouting or crying out or by any loud
or unusual noise.
D.
Not frequent any street in an exclusive nature so as to cause a private
or public nuisance.
E.
Keep the vehicle and/or receptacles used by him in the furtherance
of his licensed business in a sound, clean and sanitary condition.
F.
Keep his edible articles offered for sale well protected from dirt,
dust and insects.
A.
Grounds for revocation. Licenses issued under provisions of this
article may be revoked by the Town Board of the Town of Union after
notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as a temporary merchant.
(3)
Any violation of this article.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business of a temporary merchant in an unlawful manner
or in such a manner as to constitute a breach of the peace, in violation
of Department of Health or labor laws or to constitute a menace to
the health, safety or general welfare of the public.
B.
Notice of hearing; service. Notice of the hearing for revocation
of a license shall be given in writing, setting forth specifically
the grounds of complaint and the time and place of hearing. Such notice
shall be mailed, postage prepaid, to the licensee at his last known
address at least five days prior to the date set for the hearing.
C.
Suspension. The Town Board, upon receiving information giving it
reasonable cause to believe that the holder of any license issued
hereunder has violated any provisions of this article or has been
convicted of any violation referred to in this section or has been
indicted or charged with or for any crime or offense or has been convicted
of any crime or offense, may forthwith temporarily suspend such license
until a hearing is held by it, as provided herein, and the Town Board
shall have issued its determination thereon.
D.
Effect on employees. If the licensee has one or more employees, the
revocation hereunder shall apply to the licensee and all employees
if either he or any one or more of his employees are determined to
be in violation of this article.
Any person aggrieved by the action of the Town Board in the denial of an application for a license, as provided in § 151-32 of this article, or in the decision of the Town Board with reference to the revocation of a license, as provided in § 151-36 of this article, shall have the right to appeal to the Zoning Board of Appeals of the Town of Union. 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 for the appeal. The Town Board shall set a time and place for a hearing on 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 Town Board on such appeal shall be final and conclusive.
Any and every violation of the provisions of this article shall
be deemed to be an offense against this article, punishable by a fine
not exceeding $250 or imprisonment for not to exceed 15 days, or both.
Each day's continued violation of this article, after written
notice thereof, shall constitute a separate and additional violation.
In addition to the above-provided penalty or in lieu thereof, the
Town Board may also maintain an action or proceeding in the name of
the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction in the violation of this article.
