[Adopted 11-18-2013 by L.L. No. 8-2013]
It is found and declared that:
A.
The business of vending merchandise and refreshments in the public
streets, sidewalks, and other places in the Village of Bath other
than from door to door should be regulated to protect the public health,
safety and welfare of the inhabitants of the Village of Bath.
B.
Reasonable regulation of vending is necessary for the prevention
of congestion of traffic and travel.
C.
Persons engaged in the business of vending should be required to
be licensed and to furnish such information as necessary to effectively
carry out the purposes of this article.
As used in this article, the following terms shall have the
meanings indicated:
A license issued pursuant to this article.
Any person holding a license.
Any nonedible commodity, but excluding flowers and balloons.
Includes any individual, society, club, firm, partnership,
corporation, limited-liability company or association of persons.
Any food, fruit or other edible commodity or soft drink or
carbonated beverage.
Any place or location where is sold, or any place or location
where it is proposed to sell or offer for sale at retail for consumption
off the premises or location, either as a separate business or in
connection with any other business, any refreshment. There shall be
three types of "refreshment businesses or stands" as follows:
CURBSIDE VENDORA vendor who parks a motor vehicle, cart, wagon or trailer at the licensed location in connection with the operation of one refreshment business or stand, whether the vehicle serves as the refreshment stand or not.
SIDEWALK VENDORA vendor who operates and locates one refreshment business or stand on or adjacent to the sidewalk only and who does not park a motor vehicle at the licensed location.
ICE CREAM TRUCK VENDORA vendor who sells ice cream as primary product from one motor vehicle and along the public streets.
The act of selling or offering for sale refreshments or merchandise
on the public streets, sidewalks or adjacent to a sidewalk or places
other than from door to door in the Village of Bath, from a stand,
trailer, motor vehicle or from the person.
Any person engaged in the selling or offering for sale of
refreshments or merchandise on the public streets, sidewalks or places
other than from door to door in the Village of Bath, from a stand,
cart, wagon, trailer, motor vehicle or from the person.
The Village Clerk of the Village of Bath.
The Village Clerk, with the advice and consent of the Mayor
or his designee, taking into consideration the public health, safety
and welfare, may promulgate rules and regulations necessary to effectuate
the provisions of this article and to address the circumstances of
specially designated areas of the Village, such as business districts,
historic districts, residential districts, and/or special events.
Special rules and regulations may supersede otherwise inconsistent
provisions of this article.
A.
It shall be unlawful for any person to vend in the Village of Bath
without a license.
B.
It shall be unlawful to vend merchandise.
C.
The Village Clerk, with the advice and consent of the Mayor or his
designee, taking into consideration the public health, safety and
welfare, is hereby authorized to limit the number of refreshment business
or stand licenses.
D.
No license shall be issued without proof of liability insurance in
the amount of $100,000 for the time period the license is in effect.
A.
License fees shall be payable in full, for the time period applied
for by a vendor, upon application for said license and shall be as
follows:
B.
The license fees numerated above may be changed by resolution of
the Village Board. The current fee schedule shall be available for
public inspection at the office of the Bath Village Clerk.
C.
Village of Bath approved charity events and Village of Bath sponsored
events shall be exempt from the payment of license fees.
[Added 11-20-2017 by L.L.
No. 7-2017]
A.
All vendors are prohibited from vending in a manner that interferes
with pedestrian or vehicular traffic or any other legitimate business
in the Village of Bath.
B.
No vendor shall, directly or indirectly, cause or permit the public
streets, sidewalks or places to be littered with papers, wrappings
or other debris or refuse where the littering results from the conduct
of his business.
C.
No vendor shall vend between 7:00 p.m. and 9:00 a.m. of the following
day, unless otherwise specified.
D.
Persons licensed pursuant to the provisions of § 32 of
the General Business Law of the State of New York shall be prohibited
from vending within the Village of Bath unless they have obtained
a license in accordance with the provisions of this article.
E.
Any person vending refreshments or merchandise from a motor vehicle,
cart, wagon or trailer that is attractive to and popular with children,
which invites or causes children to gather or collect about the vending
location, is required to take those precautions necessary to protect
the children from being struck by motor vehicles.
F.
No vendor shall use or operated any loudspeaker, public address system,
radio, sound amplifier or similar device to attract the attention
of the public.
G.
No vendor shall vend within 200 feet of the grounds of any church
or place of worship or any public or private school or permit his
cart, wagon or vehicle to stand on any public highway within such
distance of said school, church or place of worship property, except
as otherwise provided herein. This provision shall not apply to those
vending in Pulteney Park.
H.
No vendor shall vend within the Business District and/or Historic
District.
I.
No vendor shall vend within 200 feet of any public market or store
engaged in the business of selling similar goods, wares, merchandise
or refreshments offered by said vendor. This provision shall not apply
to those vending in Pulteney Park.
J.
No vendor shall have the exclusive right to any location on any street
or on any public property and any license issued specifying a location
for such vendor for the effective dates of the license is subject
to change by the Village Clerk.
K.
No license shall be deemed to authorize any vendor to vend merchandise
or refreshments on or adjacent to any sidewalk that results in unreasonable
obstruction of any street or sidewalk.
L.
It shall be unlawful for any vendor to permit any vehicle, cart,
wagon or trailer owned, operated or controlled by him or her to stand
stationary or remain stationary at any time or at any location, except
while sales are actually being conducted and customers are waiting
for the delivery of goods, merchandise or refreshments which have
been purchased except as follows:
(1)
Duly licensed vendors possessing a vehicle license engaged in the
sale of food and food products may remain stationary on commercial
property not otherwise restricted to vending pursuant to any section
of this article between the hours of 9:00 a.m. and 7:00 p.m. inclusive.
(2)
A person possessing a valid license and vending site license may
engage in vending from the stationary site location as indicated on
the stationary site license only.
M.
Excepting vendors at the Steuben County Fair, it shall be unlawful
for any vendor to permit any vehicle, cart, wagon or trailer owned,
operated or controlled by him or her to stay or be kept at a vending
site from 7:00 p.m. to 9:00 a.m. of each day, unless approved by the
Village Board of Trustees and delineated upon the vendor's license
by the Bath Village Clerk.
A.
Unless otherwise provided, a licensed vendor of refreshments shall
be authorized to vend at a specific location in authorized commercial
zones of the Village of Bath. The license shall specify the location
within the commercial zone from which vending is permitted and shall
only be valid for vending at that location. There shall only be one
stand in a designated location.
B.
The license may limit the amount of space to be occupied by the vendor.
C.
Vendors at special events, events not exceeding three days in duration,
shall be exempt from their location requirement. Such vendors shall
comply with all applicable provisions of this article and rules and
regulations issued pursuant to it and pay all fees as required by
the person coordinating the special event.
D.
Ice cream truck vendors shall be permitted in the residential zones
of the Village in accordance with any rules and regulations promulgated
by the Village Clerk upon the advice and consent of the Mayor or his
designee taking with consideration the health, safety and welfare
of the general public.
A.
The following shall be subject to all provisions of this article,
except each shall be exempt from the licensing fee provisions contained
herein;
(1)
Charitable or religious organizations in accordance with the relevant
provisions of the United States Internal Revenue Code and/or the New
State Tax Law.
(2)
Political organizations.
(3)
Honorably discharged veterans of the Armed Forces of the United States
who have obtained a peddler's exemption from the Steuben County
Clerk to hawk, peddle or vend, pursuant to law. Where a duly licensed
veteran uses a vehicle, wagon or trailer registered in his or her
name, it shall be exempt. No additional exemption shall apply to other
or additional vehicles, carts, wagons or trailers.
(4)
The exemptions provided herein shall not be construed as an exemption
from any state law which regulates the activities of any vendor.
B.
The following shall be exempt from all provisions of this article except those established in §§ 82-14 and 82-16.
(1)
Persons maintaining a regular delivery route within the town.
(2)
A person or persons licensed by the State of New York to conduct
a specific business or businesses to which the provisions of this
article would otherwise be applicable.
(3)
A commercial salesman or deliveryman calling exclusively on wholesale
or retail establishments or other business firms within the town.
C.
No provisions of this article shall apply to the following:
(1)
Vending of farm products by farmers and persons who produce such
commodities, provided that the products are grown upon land in the
Village or Town of Bath owned or leased by such persons.
(2)
Vending, without the use of anything but a hand-driven vehicle, by
an honorably discharged member of the Armed Forces of the United States
who is physically disabled as a result of injuries received while
in the service of said Armed Forces and who is the holder of a vendor's
license obtained from the Village of Bath in the State of New York.
(3)
Religious organizations duly recognized by the State of New York
conducting vending activities on their own property and for the benefit
of their own organization or charitable purpose.
(4)
Established brick-and mortar businesses who sell and/or serve their
food and drink or sell their wares on the sidewalk directly in front
of their establishment.
(5)
School students 18 years of age or younger who vend cookies, candy
refreshments, magazines or like foods, refreshments or merchandise
when such student or students are fund-raising for a legitimate school
activity or social organization like girl scouts, cub scouts, boy
scouts, brownies, etc.
No license shall be issued to any applicant if the business
sought to be licensed does not comply with all applicable federal,
state and local laws, ordinances and regulations. If the application
is rejected, the Village Clerk shall notify the applicant, in writing,
giving the reasons for the rejection.
All licenses shall be displayed in a conspicuous place at all
times during the operation of the vending business.
A license may not be transferred or assigned or its location
changed without prior approval of the Village Clerk. If the Village
Clerk approves the transfer, assignment or location change, this action
shall be endorsed upon the license by the Village Clerk.
A license may be renewed at its expiration by submitting a new
application form.
A.
A license may be suspended or revoked by the Village Clerk only after
notice, in writing, and an opportunity to be heard is given to the
vendor.
B.
Written notice of intent to suspend or revoke shall be given by registered
or certified mail, to the address set forth on the application.
C.
The Village Clerk shall suspend or revoke the license of any vendor
found to have violated or to have permitted a violation of any provision
of this article or any other ordinance, rule or regulation or state
or federal law pertaining to the operation of his business.
D.
Upon a determination that a license should be suspended or revoked,
the Village Clerk shall notify the vendor, in writing, setting forth
reasons for such suspension or revocation.
A.
Any person who conducts a business without a license required by
this article or who conducts or attempts to conduct a business during
the period when his license is suspended or revoked or who violates
any of the terms or provisions of this article shall be guilty of
a violation. Each day such violation continues shall be a separate
and distinct violation for which the authorized penalty may be imposed.
B.
Any persons found guilty of a violation shall be liable to a fine
which shall not exceed $250 in amount or to imprisonment not to exceed
15 days, or to both in the discretion of the court for each separate
violation.
If any section or sections of this article shall be declared
unconstitutional or otherwise void and ineffective, the validity of
the remainder of the provisions hereof and their application shall
not be affected thereby.
