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:
DISPLAY
The table, cart or rack used to exhibit the merchandise at
the sidewalk sale.
MERCHANDISE
Any goods, wares or other merchandise for the sole purpose
of sale or display.
MERCHANT
Any merchant lawfully occupying a store in the Village.
PERMIT
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;
(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.
[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.