[HISTORY: Adopted by the Common Council of
the City of North Tonawanda 1-19-1959; amended in its entirety 12-17-2014. Subsequent amendments noted where applicable.]
A.
It shall be unlawful for any person within the corporate limits of the City of North Tonawanda to act as or engage in the business of peddler, hawker, huckster, canvasser, solicitor and or mobile food vendor, as herein defined in § 65-2 of this chapter, without first having obtained and paid for a permit and license therefor as provided herein.
B.
Trespassing. The owner or occupant of a residential
building may post a notice prohibiting canvassers, peddlers and solicitors.
The notice shall be placed in a conspicuous place adjacent to the
entrance door of the building. The letters of the notice shall be
at least 1/2 inch in height and shall contain a statement saying in
substance that "Peddlers, Canvassers and Solicitors are prohibited."
No person shall engage in any activity regulated by this chapter by
attempting to enter a building or ringing a doorbell or knocking on
an entrance door to any residence building at which entrance such
a notice has been posted.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any person traveling either by foot, wagon, automobile,
motor truck or any other type of conveyance from place to place, from
house to house or from street to street taking or attempting to take
orders for the sale of goods, wares, merchandise or personal property
of any nature whatsoever for future delivery or for services to be
furnished or performed in the future, whether or not such person has,
carries or exposes for sale a sample of the subject of such sale or
whether he is collecting advance payments on such sales or not.
A self-contained mobile food unit in which ready-to-eat food
is prepared, cooked, wrapped, packaged, processed or portioned for
service, sale or distribution.
The owner or owner's agent of a mobile food vehicle.
Includes any person traveling by foot, wagon, automotive
vehicle or any other type of conveyance from place to place, from
house to house or from street to street carrying, conveying or transporting
goods, wares, merchandise, prepared foods, meats, fish, vegetables,
fruits, garden truck farm products or provisions, offering and exposing
the same for sale or making sales and delivering articles to purchasers,
or who without traveling from place to place shall sell or offer the
same for sale from a wagon, cart, automotive vehicle, railroad car
or other vehicle or conveyance.
Includes the singular and plural and shall also mean and
include any person, firm, corporation, association, club, copartnership,
society or any other organization.
Nothing in this chapter shall be held to apply
to:
A.
Any sales conducted pursuant to statute or by order
of any court.
B.
Any persons selling personal property at wholesale
to dealers in such articles.
C.
Merchants having an established place of business
within the City, or to their employees soliciting orders from customers
and delivering the same.
D.
Farmers or gardeners who themselves or through their
employees vend, sell or dispose of precincts of their own farms and
gardens.
E.
Any honorably discharged member of the United States
Armed Forces who has procured a license as provided in the General
Business Law of the State of New York.
The Mayor shall issue special permits without
payment of any license fee or charge therefor to any person or organization
for the conduct or operation of a nonprofit enterprise when he finds
that the applicant operates without private profit for a public, charitable,
educational, literary, fraternal or religious purpose.
A.
Applicants for permits and licenses for peddlers, canvassers and
solicitors under this chapter must file with the City Clerk a sworn
application, in writing, in duplicate, on a form furnished by the
City Clerk, which shall give the following information:
(1)
Name and description of applicant.
(2)
Permanent home address and business address of applicant.
(3)
If employed, the name and address of his employer.
(4)
A brief description of the nature of the business
and the goods to be sold.
(5)
The length of time for which the right to do business
is desired.
(6)
If a vehicle is to be used, a description of the same,
together with license number or other means of identification.
(7)
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or other violation of any
municipal ordinance, the nature of the offense and the punishment
or penalty assessed therefor.
(8)
Applicants for mobile vending permits under this chapter must file
with the City Clerk a sworn application, in writing, in duplicate,
on a form furnished by the Clerk, which shall give the following information:
(a)
Name, signature and address of each applicant and each corporate
officer of the mobile food vehicle vending corporation.
(b)
A valid copy of all necessary licenses, permits or certificates
required by the County of Niagara, the State of New York or any subsidiary
enforcement agencies or departments thereof, including, but not limited
to: a valid New York State Department of Motor vehicle registration
and certificate of inspection and valid driver's license of all vehicle
operators.
(c)
A signed statement that the vendor shall hold harmless the City
and its officers and employees, and shall defend, indemnify and hold
harmless the City and its officers and employees for any claims for
damage to property or injury to persons which may be occasioned by
any activity carried on under the terms of the license. Vendor shall
furnish and maintain such public liability, food products liability,
and property insurance, as will protect the vendor and the City from
all claims for damage to property or bodily injury, including death,
which may arise from the operations under the license or in connection
therewith. Such insurance shall name the City of North Tonawanda as
an additional insured and shall provide coverage of not less than
$1,000,000 per occurrence. The policy shall further provide that it
may not be cancelled except upon 30 days' written notice served upon
the City Clerk. A license issued pursuant to the provisions of this
section shall be invalid at any time the insurance required herein
is not maintained and evidence of continuing coverage is not filed
with the City Clerk.
(d)
All license applicants shall submit to a City of North Tonawanda
Police Department background check into the moral character of the
applicant for criminal history related to the proposed activity that
would indicate that he or she is not a suitable licensee. A license
application may be refused by the City Clerk and/or Police Chief if,
in his or her discretion, the applicant's criminal history demonstrates
that he or she is not a suitable licensee.
(e)
All employees of a licensee who shall be manning any mobile
food vehicle shall also submit to a City of North Tonawanda background
check into the moral character of the employee for criminal history
related to the proposed activity that would indicate that he or she
is not a suitable employee.
Upon receipt of such application, the Mayor
shall cause an investigation of such person's business responsibility
and moral character to be made as he deems necessary for the protection
of the public good. If, as a result of such investigation, the applicant's
character and business responsibility are found to be unsatisfactory,
the application shall be denied. If, as a result of the investigation,
the character and business reputation of the applicant appear to be
satisfactory, the Mayor shall so certify in writing on the application,
and a license shall then be issued by the Mayor, upon the payment
of the required fee.
A.
Upon the filing of the application and certificate
as provided in the preceding section the Mayor shall, upon his approval
of such application, issue to the applicant a license signed by the
Mayor.
B.
Except as hereinafter provided, no license shall be
refused except for a specific reason and for the protection of the
public safety, health, morals, or general welfare.
C.
A license or permit is not assignable. 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 ordinance.
D.
Whenever a license, permit or vehicle plates shall
be lost or destroyed on the part of the holder, his agent or employee,
a duplicate in lieu thereof under the original application may be
issued by the Mayor upon the filing with him by the licensee of an
affidavit setting forth the circumstances of the loss and that the
same has not been found after diligent search.
E.
All licenses shall be issued from a properly bound
book, with proper reference stubs kept for that purpose, numbered
in the order in which they are issued and shall state clearly the
kind of vehicle to be used, the kind of goods, wares and merchandise
to be sold or the service to be rendered, the number of his license
and license plate, the dates of issuance and expiration of the license,
the fee paid and the name and address of the licensee.
F.
Such licenses shall automatically expire on January
1 following the date of issuance of such license or permit, but such
licenses may specifically state and provide for an earlier expiration
date.
G.
Such license shall include the right to use only one
vehicle in carrying on the business for which the person is licensed.
H.
No applicant to whom a license has been refused or
who has had a license which shall have been revoked shall make further
application until a period of at least six months shall have elapsed
since the last previous rejection or revocation, unless he can show
that the reason for such rejection or revocation no longer exists.
I.
Licenses issued pursuant to this chapter shall specify
dates, times and locations where licensees may operate. Such designated
dates, times and locations of operation shall be left to the discretion
of the Mayor.
A.
It shall be unlawful for any person to operate a mobile food vehicle
within the public rights-of-way or on public property within the City
of North Tonawanda without first having obtained a valid mobile food
vending license as prescribed by this section. Operation of a mobile
food vehicle on private property shall continue to be regulated and
prohibited in accordance with all applicable provisions of the City
Code.
B.
It shall be unlawful for a mobile food vendor to park, stand or operate
in a location which is adjacent to or within a three-hundred-foot
radius of the main entrance or any service window of any building
comprising a licensed food establishment, the kitchen of which is
open for serving food to patrons. This requirement may be waived if
the application is submitted together with the written consent of
the proprietor of the adjacent licensed food establishment.
C.
Each and every mobile food vehicle vendor must abide by all parking
and vehicle and traffic laws, ordinances, rules and regulations at
all times, except that a mobile food vehicle that is of such a length
that it occupies all or a portion of two vehicle parking spaces, may
park in said spaces so long as it abides by all other parking restrictions,
including any two-hour-maximum durational requirements in force and
effect at that time and location.
D.
Each and every mobile food vehicle vendor must at all times carry on the vehicle a "measuring wheel" with a measuring capacity of no less than 100 feet as a condition of its licensure. The failure of any mobile food vehicle vendor to carry such a measuring wheel or abide by the proximity distance restrictions included in this chapter shall constitute a violation of this chapter pursuant to § 65-9 and § 65-10 of this chapter.
E.
It shall be unlawful for any mobile food vehicle vendor to operate
within 500 feet of the boundary line of any fair, carnival circus,
festival, special event or civil event that is licensed or sanctioned
by the City, except when the vendor has obtained permission from the
organizer of said special event.
[Amended 3-1-2016]
F.
All signage must be permanently affixed to the mobile food vehicle.
No accessory signage shall be placed outside or around the mobile
food vehicle.
G.
All mobile food vendors must provide trash receptacles of sufficient
capacity to contain all trash and waste generated in association with
the business of the mobile food vendor. All waste and trash shall
be placed in the trash receptacles. All trash, waste, litter or debris
shall be removed from the site of the vending operation at the end
of each daily operation.
H.
All mobile food vehicle vendors must comply with all other provisions
and conditions as set for the North Tonawanda City Code.
I.
Mobile food vehicle vendors invited to participate in a City-sponsored
event shall not be required to obtain a license pursuant to this section.
J.
Form and condition of license.
(1)
Every mobile food vehicle vendor license shall contain the following
conditions:
(a)
Each mobile food vehicle Vending License shall be valid for
a one-year period from January 1 until December 31. The applicant
must renew the license each year.
(b)
The license shall not be transferable to/from person to person
without the written approval of the City Clerk.
(c)
The license is valid for one vehicle only.
A.
Fees: peddlers, canvassers and solicitors.
(1)
The fee for licenses for peddlers, canvassers, and solicitors issued
under this chapter shall be as follows:
(a)
Thirty-five dollars per year or $10 per day
for each person proposing to peddle, hawk or huckster from a wagon,
motor vehicle, railroad car or other vehicle conveyance.
(b)
Ten dollars per year or $3 per day for each
person proposing to peddle, hawk or huckster by using a handcart or
pushcart.
(c)
Ten dollars per year or $3 per day for each
person proposing to peddle, hawk or huckster on foot.
(d)
Ten dollars per year or $3 per day for each
person acting as helper or assistant to those using vehicles, which
helpers must procure a license or permit as herein provided for peddlers,
hawkers, hucksters, canvassers and/or solicitors.
(e)
Twenty-five dollars per year or $3 per day for
each person proposing to canvas or solicit orders for the sale of
goods, wares, merchandise or personal property of any nature whatsoever,
or for services to be furnished or performed or for collecting advance
payments on such sales.
(2)
The Mayor shall issue to each licensee at the time
of delivery of his license a license plate for each vehicle to be
used. License plates shall be attached to the vehicle used by the
licensee. Every licensee, while exercising his license, shall carry
the license with him and shall exhibit the same upon demand.
(3)
The Mayor, whenever it shall appear to his satisfaction
that an applicant for a license is unable to obtain other employment
because of a physical disability or because of age, may issue a license
to such person at a fee of $5.
A.
Peddlers, canvassers and solicitors:
(1)
The Mayor may at any time, for a violation under a peddlers, canvassers
or solicitors permit of this chapter or upon conviction of any crime
or misdemeanor involving moral turpitude, revoke any license or permit.
When a license shall be revoked, no refund of any unearned portion
of the license fee shall be made. Notice of such revocation and the
reason or reasons therefor shall be served by the Mayor, in writing,
upon the person named in the application by mailing the same to the
address given in the application and upon filing a copy of such notice
in the office of the City Clerk.
B.
Mobile food vendors:
(1)
The owners/operator of any mobile food vehicle licensed by the City
of North Tonawanda shall comply with all provisions of federal, state
and local laws and ordinances.
(2)
The owner/operator of any mobile food vehicle licensed by the City
of North Tonawanda shall comply with all notices, orders, decisions
and rules and regulations made by the Mayor, Common Council, City
of North Tonawanda Police Department or any other City of North Tonawanda
department and/or agency.
(3)
Any person, firm, corporation or other entity violating the provisions
of this chapter may be liable for penalties prescribed below and elsewhere
in this Code and may be subject to immediate closure and revocation
of permit.
A.
Peddlers, canvassers and solicitors.
(1)
Any person violating any of the provisions of this chapter, as a
peddler, canvasser or solicitor, shall, upon conviction thereof, be
punished by a fine not to exceed $250, or by imprisonment not to exceed
30 days, or both such fine and imprisonment.
B.
Mobile food vendors:
(1)
Any person, firm, corporation or other entity violating the provisions
of this chapter may be liable for penalties below and may be subject
to immediate closure by the City of North Tonawanda Police Department,
pending an administrative hearing, which will be scheduled within
60 days of said immediate closure.
(2)
For violations solely of the provisions of this chapter, the following
fine schedule shall apply:
(a)
First offense: A fine of $200 after a finding or plea of guilty
before the City of North Tonawanda Court.
(b)
Second offense: A fine of $350 after a finding or plea of guilty
before the City of North Tonawanda Court.
(c)
Third offense: License revocation after a finding or plea of
guilty before the City of North Tonawanda Court.
(3)
Closure for operation without a license:
(a)
Any mobile food vehicle operating without the required City
of North Tonawanda license shall be immediately closed by order of
the City of North Tonawanda Police Department. Every day of operation
without a license shall constitute a separate violation and shall
be punishable by a fine of $1,500 per violation.
All ordinances or parts of ordinances inconsistent
with the provisions of this ordinance be and the same are hereby repealed.
This ordinance shall take effect from and after
its passage and publication as provided by law.
