The purposes of this article are the protection of government,
order, conduct, the general welfare, safety, morals, health and well-being
of the persons and property of the City of Olean. It is adopted pursuant
to Municipal Home Rule Law § 10, Subdivision 1(ii)(a)(11)
and (12), § 10, Subdivision 2, and General City Law § 20(13).
The following definitions shall be applicable to this article:
Includes any sale to the public where a person or his/her
agent offers for sale to the highest bidder any goods, wares, merchandise
or property.
A religious organization as defined under the Religious Corporation
Law of the State of New York.
A special event which is sponsored and hosted by the City
of Olean or its designee by a resolution of the Common Council.
Any location within the City where any person regularly sells,
displays, or offers goods, services, produce, wares and merchandise
to the general public.
Shall include but not be limited to fruits, vegetables, farm
products, fish, game, poultry, meats, plants, flowers, appliances,
wearing apparel, jewelry, ornaments, art work, cosmetics and beauty
aids, health products, medicines, household needs or furnishings,
food of any kind, whether or not for immediate consumption, confections
or drinks, or personal services immediately offered or rendered.
An organization formed in accordance with the Not-For-Profit
Corporation Law of the State of New York.
A special event which is sponsored by a not-for-profit corporation
or association either as a fund-raiser or otherwise.
A person who offers goods, wares, merchandise or services
for sale door to door, including house to house, business to business,
street to street, or any other type of place-to-place movement. Delivery
and payment occur immediately.
Any individual, partnership, corporation, limited-liability
company, voluntary association, club or any other business organization,
and any principal or agent thereof.
Any unincorporated religious or other organization which
has been organized and operated exclusively for exempt purposes and
has been qualified as an exempt organization under Section 501(c)(3)
of the Internal Revenue Code of the United States of America.
For the purpose of this section, "regularly" is defined as
a period of more than six months.
Any occasion, including but not limited to street fairs,
shows, exhibitions, City-wide celebrations and festivals taking place
within a specifically defined area of the City of Olean for a period
of time not to exceed seven days.
Any person who goes from door to door, including house to
house, business to business, street to street, or any other type of
place-to-place movement or who stands in any street or public place
taking or offering to take orders for goods, wares or merchandise
or services to be delivered or performed in the future, or for making,
manufacturing or repairing any article or thing whatsoever for future
delivery.
For the purpose of this section, "temporary" is defined as
a period of less than six months.
Any person engaging in temporary retail sale or display of
goods, wares, merchandise, services, produce or prepared foods; where
the value of any single item offered for display or sale exceeds $1,000;
and for the purpose of conducting said business, occupies any lot,
building, room, or structure of any kind within the City.
Any person engaging in the temporary retail sale or display
of goods, wares, merchandise, services, produce, or prepared foods
and for the purpose of conducting said business:
Travels by foot, wagon, vehicle or any other conveyance from
street to street, carrying or conveying, or transporting goods, wares,
or merchandise, and offering them for sale; or
Without traveling from place to place, exhibits, displays, sells,
offers to sell or perform services to be delivered immediately and
occupies any lot, building, room, or structure of any kind within
the City for a period of six months or less.
It shall be unlawful for any person to peddle, solicit, vend,
or to operate as a transient merchant, on any public or private outdoor
walk, street, alley, lot, building, room, or structure of any kind,
without having first applied to and obtained a license from the City
of Olean in accordance with this article. The license type provided
in this article shall be in addition to and not in lieu of any other
consent, permit or license as may be otherwise required by law.
The application for any license under this article shall be
on a form proscribed by the City Clerk and approved by a resolution
of the Common Council and shall contain all the information relevant
and necessary to determine whether a particular license may be issued,
including but not limited to:
(1)
The applicant's and any worker's full name, current address,
telephone number, proof of identity;
(2)
A brief description of the nature, character, and quality of goods,
wares or merchandise to be offered for sale;
(3)
The specific location, if any, where the applicant intends to conduct
business;
(4)
If the applicant is employed by another, the name and address of
the person on behalf of whom the applicant is representing;
(5)
If a motor vehicle is to be used, displayed or sold, a description
of the vehicle, together with the VIN, registration number, license
plate number and insurance information;
(6)
A complete listing of any other licenses, permits, or authorizations
issued to the applicant by the City, state or any governmental entity
within the five years immediately preceding the date of this application;
(7)
Evidence satisfactory to the City Clerk of compliance with any public
health law related to the sale of food;
(8)
Evidence satisfactory to the City Clerk of compliance with any other
federal, state, or local law relating to the merchandise proposed
to be offered for sale; and
(9)
Any fee, bond or surety as may be required by this article.
Any application for a license this article shall be accompanied
with the appropriate certificates of authority, permits or letters
of authorization from any governmental agency under which the applicant
has been issued a license to conduct business.
(a)
The applicant shall be notified of the City's decision to issue
or deny the license within 30 days after the acceptance of the application
by the City Clerk.
(b)
Each license shall show the name and address of the license, the
name and address of the licensed workers, if applicable, the type
of license issued, the kind of goods to be sold, the amount of the
license fee, the license number, and, where applicable, the identifying
description of any vehicle used or to be sold in connection with the
license.
No applicant to whom an application has been denied shall make
further application until a period of at least six months has elapsed
since the date of the last previous denial unless the applicant can
establish that the reason for such denial no longer exists.
(a)
Any person granted a license under this article shall pay a license
fee in accordance with the type of license issued under Divisions
Two, Three, Four and Five of this article.
(b)
In addition to the license fee for the type of license issued, all
applicants applying for a license under this article shall be required
to pay a license application surcharge in the amount of $25 to offset
the cost of administering the license application process. This fee
shall be required annually; however, the same shall be deemed as paid
by the applicant on any subsequent application submitted by the license
one year from the date of issuance of the first license.
(a)
Any license or permit issued by the City shall be issued to the licensee
whenever he or she is engaged in activity authorized by the license.
Photo identification must be carried by the licensee or any worker
operating under the license and presented upon request to any City
official verifying the identity of the license holder.
(b)
Any license, permit or authorization issued in connection with the
license must be prominently and conspicuously displayed at all times
during operation under the license.
(a)
The Chief of Police or his designee shall make sufficient inspections
to insure the compliance with the licensing and other applicable provisions
of this article. The Chief of Police shall have full authority to
summarily suspend or revoke any license granted for failure to comply
with the laws, regulations, or ordinances of the City of Olean, State
of New York, of the United States of America.
(b)
The penalty for violating any provision of this article or any other
applicable section of the Code of the City of Olean shall be a fine
not less than $250 and not more than $500, together with the suspension
or revocation of the license or imprisonment not exceeding 30 days,
or both fine and imprisonment.
(a)
In addition to the penalties contained in Section 13-254, any license issued under this article may be suspended or revoked for any of the following reasons:
(1)
Fraud, misrepresentation, or knowingly making a false statement
contained in the application for the license; or
(2)
Fraud, misrepresentation or knowingly making a false statement
in the course of carrying on business under the license; or
(3)
Conducting business in any manner contrary of the conditions
of the license;
(4)
Conducting business under the license in such a manner to create
a public nuisance, cause a breach of the peace, constitute a danger
to the public health, safety, welfare or morals, interfere with the
rights of property owners; or
(5)
Failure to display any license, permit or authorization issued
by any other governmental entity in connection with the license; or
(6)
Cancelation of any license, permit, or display issued by any
other government entity in connection with the license;
(7)
Failure of any person working under the license to produce identification
upon the request of any City official charged with the enforcement
of this article.
(b)
The City official charging a violation under this article shall provide
a written notice of the suspension or revocation in a brief statement
setting forth the complaint, the grounds for suspension or revocation,
and notifying the licensee of his right to appeal.
(c)
If the City revokes a license issued under this article, the fee
already paid for the license shall be forfeited.
(d)
Any person who has had a license revoked under this section shall
be prohibited from applying for a license under this article for a
period of one year from the date of revocation.
If the City Clerk denies the issuance of a license under this
article or if any license issued under this article is suspended or
revoked, the aggrieved party may appeal to the Common Council at the
next regularly scheduled work session, at which time the Council,
by majority vote, shall have the authority to uphold the denial, issue
the license, issue the license with conditions, or to table the application
and require the submission of further information from the applicant,
or in the instance of a suspension or revocation, uphold the same.
Any provision of this division to the contrary notwithstanding,
no license shall be required in the following circumstances:
(1)
Of a garage sale, estate sale, auction, circus or carnival which
is itself licensed as may be required by the ordinances of the City;
or
(2)
Of sales conducted pursuant to statute or by any court; or
(3)
Of any honorably discharged soldier, sailor or marine what has procured
a license as provided by the General Business Law of the state; or
(4)
Sales or events conducted by any church, not-for-profit corporation
or qualified charitable entity, which sale is conducted by bona fide
members of such church or organization, and all net proceeds from
the sale of goods, wares or merchandise are retained by such church
or organization.
(5)
Sales of in-season vegetables by the grower thereof from a stand,
table or booth.
(6)
Sales from a stand, table or booth open for business for a period
of not exceeding four hours during a twenty-four-hour period nor more
than three days in any seven-day period.
