[Added 3-9-2010 by L.L.
No. 7-2011; amended 6-10-2014 by L.L. No. 3-2014]
This article shall be known as the "Sidewalk Sales Local Law."
It is the purpose of this article to promote the health, safety
and moral and general welfare of the inhabitants of The Incorporated
Village of the Branch (the "Village") by promoting and regulating
sidewalk sales by lawful merchants in the Village.
As used in this article, the following terms shall have the
meanings indicated:
The table, cart or rack used to exhibit the merchandise at
the sidewalk sale.
Any goods, wares or other merchandise for the sole purpose
of sale or display.
Any merchant lawfully occupying a store in the Village.
The sidewalk permit obtained from the Village upon the payment
of the applicable fee, and upon the completion and submission of the
application to the Village Clerk.
A merchant shall have the right to place, deposit, or cause
to be placed or deposited, merchandise that it offers for sale in
its business on a daily basis for the sole purpose of a sidewalk sale
upon obtaining a permit from the Village Clerk and upon the limitations
set forth herein.
No person, merchant or entity shall be permitted to conduct
or participate in a sidewalk sale unless it obtains a permit from
the Village Clerk. Sidewalk permits are to be obtained from the Village
Clerk upon the following conditions:
A.
Payment of the sidewalk permit fee as follows: 1) annual permit fee
entitling the applicant to conduct sidewalk sales for four weeks four
times within any given year, for a total of 16 weeks (not consecutive);
or 2) a monthly permit fee entitling the applicant to conduct sidewalk
sales for four weeks. Permit fees shall be determined by the Board
of Trustees.
B.
No person, merchant or entity may apply for more than four monthly
permits in any given year.
C.
No sidewalk sales shall commence before 9:00 a.m., or continue after
9:00 p.m.
D.
Said permit shall only be valid for the days applied.
E.
The application for the permit shall be on a form prepared by the
Village Clerk and completed by the merchant and shall contain the
following:
(1)
The name, address and location of the merchant;
(2)
The type of display;
(3)
The type of merchandise;
(4)
The approximate area of the display; and
(5)
The merchant shall submit to the Village Clerk a certification of
insurance against personal liability and property damage naming the
Village as additional insured for the day or days for which the permit
is issued. The amount of the insurance coverage shall be no less than
$500,000 per occurrence.
At no time shall the display extend more than two feet from
the wall of the building abutting the sidewalk or the curbside directly
across from the store, nor shall the display occupy more than 20%
of the store frontage. There shall be no less than three feet of clear
and unencumbered space from the display for the purpose of pedestrian
traffic.
A.
Each outdoor sales operation shall be confined to commercially zoned
properties within the Village. No such sales shall be permitted in
any areas zoned historic or residential.
B.
No outdoor sales operation shall be located within 250 feet of any
other outdoor sales operation.
C.
Each outdoor sales operation shall be located on a lot that provides
an adequate number of available parking spaces and shall be placed
on the lot in a manner that would not encourage patrons to pull over
to the side of the road to patronize the use.
D.
Each outdoor sales operation shall maintain sufficient number of
waste receptacles of appropriate type to accommodate wastes resulting
from the operation.
E.
No more than one sign shall be permitted, and signage shall be limited
in size to the degree deemed appropriate by the approving authority.
F.
No outdoor sales operation shall involve the handling or offering
for sale of food.
G.
Permits shall be valid for a period to be determined in each case,
not to exceed one year, and shall be subject to the standards enumerated
above.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any violation of this article shall be punishable by a fine
of not more than $500 for each offense or by imprisonment not exceeding
15 days, or by both such fine and imprisonment.
