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:
LICENSE
A license issued pursuant to this article.
MERCHANDISE
Any nonedible commodity, but excluding flowers and balloons.
PERSON
Includes any individual, society, club, firm, partnership,
corporation, limited-liability company or association of persons.
REFRESHMENT
Any food, fruit or other edible commodity or soft drink or
carbonated beverage.
REFRESHMENT BUSINESS OR STAND
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:
A.
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.
B.
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.
C.
ICE CREAM TRUCK VENDORA vendor who sells ice cream as primary product from one motor vehicle and along the public streets.
VEND
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.
VENDOR
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, 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.
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.
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.