[1]
Editor's Note: This ordinance also repealed former Art. V,
Hawkers and Peddlers, adopted as §§ 8-121, 8-122, 8-124,
8-129, 8-130, and 8-132 of the 1964 Code, as amended.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A person who carries on a business from a property or a structure
either owned or leased by such person for a period greater than six
consecutive weeks.
The selling, bartering or trading or offering to sell, barter
or trade any goods, wares, commodities or services.
Unless otherwise provided, any person who engages in merchandising
any goods, wares, commodities or services by going from house to house,
place of business to place of business or in any public street or
public place, whose sales are not made from one established location
which is privately owned or rented or by temporarily occupying a room,
building or other premises for that purpose.
This article is enacted for the purpose of regulating itinerant
merchandising in order that the peace, health, safety, welfare and
good order in the City and of its inhabitants shall not be endangered
or unduly disturbed.
(a)
The provisions of this article shall not apply to the following:
(1)
Any person soliciting at the express invitation of the person
solicited or serving an established customer.
(2)
A wholesaler selling articles to dealers or merchants who has
an established place of business within the City.
(3)
A truck gardener or farmer who, by the gardener or farmer or
through an employee, vends, sells or disposes of products from the
gardener's or farmer's own farm or garden.
(4)
A child regularly attending any public, parochial or private
school located within the city or a representative of any established
church maintaining a place of worship within the city or a member
of a veteran's organization, provided that the organization has and
maintains a chapter, post, lodge, camp or other group within the city,
or a member of a fraternal organization or civic group, provided that
the fraternal organization or civic group maintains a chapter or local
organization within the City, and the child, representative or member
shall only peddle in connection with an authorized activity of the
organization of which the child, representative or member is a member
or the school which the child, representative or member attends.
(5)
An auction sale held pursuant to law by a person authorized
by law to conduct the sale.
(6)
Sales of ice cream, soda, juices and food products for immediate
consumption in and about the immediate vicinity of public sports events.
(7)
Home delivery of the designated daily and weekly newspaper.
(b)
This article shall not apply so as to interfere unlawfully with
interstate commerce.
(a)
Misstatements of quantity or quality. A licensed peddler shall
not willfully misstate the quantity or quality of any article offered
for sale.
(b)
Unwholesome or defective goods A licensed peddler shall not
willfully offer for sale any article of an unwholesome or defective
nature.
(c)
Noise disturbances A licensed peddler shall not call attention
to goods by blowing a horn, by ringing a bell other than house doorbell,
by shouting or crying or by any loud or unusual noise.
(d)
Creating nuisance:
(1)
No licensed peddler shall stand or remain in a fixed location
for more than 15 minutes. After the expiration of the 15 minutes,
said peddler shall be required to move a minimum of 50 feet to a new
appropriate location.
(2)
Alcoholic beverage sales prohibited. No licensed peddler shall
be allowed to sell alcoholic beverages at any time.
A licensed peddler shall keep the vehicle and receptacles used
by the peddler in the furtherance of the licensed business in a sound,
clean and sanitary condition.
Vending carts, wagons, trucks, tables and stands shall be permitted
for peddlers, provided that the free flow of pedestrian and vehicular
traffic is not obstructed.
(a)
Peddlers are not allowed in City parks when fund-raising activities
by nonprofit organizations duly authorized by the City take place
which involve the selling of nonfood, food and refreshment items.
(b)
Hours of operation. A vendor/peddler shall operate between 9:00
a.m. and 9:00 p.m. exceptions are special events.
(a)
Permit required. Peddlers of food or food products must have
a current permit from the County Department of Health and must comply
with all laws, regulations and rules of the Department.
(b)
Protection of products. The peddler shall keep edible articles
offered for sale well protected from dirt, dust and insects.
(c)
Trash receptacles and removal. A peddler of food or food products
is required to provide a trash receptacle where customers can dispose
of empty cups, papers, etc., and the receptacle must be placed in
the general area where the peddler is doing business. The peddler
shall inform police of the general area and remove all trash and refuse
resulting from the business.
(d)
Prohibited areas. Sales are prohibited within 500 feet of the
property lines for Utica public, parochial and private schools between
the hours of 7:00 a.m. and 4:00 p.m. on school days.
Parking meters, utility poles, sign poles or property other
than the personal property of the peddler shall not be used by the
peddler for any purpose including advertising.
Other than food merchandise, no peddler shall offer any goods
or merchandise for sale from a vehicle parked upon a public highway
or upon any public right-of-way or municipally owned property.
(a)
No person peddling or soliciting the sale of magazines or other
periodicals shall visit a private residence for the purpose of peddling
or soliciting unless the person has been personally invited to the
private residence by the owner or occupant of the residence.
(b)
The license issued to a person peddling or soliciting the sale
of magazines or other periodicals shall, in addition to the other
requirements hereby imposed, have the photographs of the licensee
affixed thereto and to the application. Such photographs shall have
been taken within 30 days next preceding the application for such
license.
(c)
Before a license issued to a person for the purpose of peddling
or soliciting the sale of magazines or other periodicals shall be
valid, it shall be countersigned by the Chief of Police.
(d)
The Chief of Police may refuse to countersign any license issued
pursuant to the provisions of this section if, in the Chief's opinion,
the applicant's character does not justify the issuance of the license
or that the issuance of a license to the applicant would not be in
the interest of the peace, health, safety, welfare and good order
of the City and its inhabitants.
Peddling any goods, wares, commodities or services within the
City without first having obtained a license from the City Clerk is
prohibited unless the peddling is at the personal request of the person
solicited.
Every applicant for a license required under the provisions
of this article shall submit to the City Clerk a written application
supplying, under oath, the following information:
(2)
Permanent home residence.
(3)
Name and address of firm represented, if any.
(5)
A description of the goods, wares or commodities to be offered for sale, together with a true invoice of their amount, quality and value and the name and address of the person or firm from which the goods were purchased. When dealing in food or food products, a current permit issued pursuant to Subsection (a) of Section 2-14-148 shall be submitted. It shall be copied by the City Clerk and filed with the application.
(6)
The number of arrests or convictions for crimes and the nature
of the arrests or convictions.
(7)
To the application must be appended a letter of authorization
from the firm which the applicant purports to represent.
(8)
A certificate identifying the applicant's sales tax number or
proof of tax exemption status.
(a)
No person shall engage in peddling within the City until the
application to procure a license is submitted by the applicant and
filed by the City Clerk.
(b)
The Clerk shall send a copy of the application to the Bureau
of Police Records Division in City Hall for investigation. The Bureau
of Police shall report its findings, if any, to the City Clerk within
the three-day period.
(c)
Within three days after the receipt of the application and of
the license fee and the report of the Bureau of Police, the Clerk,
if reasonably satisfied with the applicant's qualifications, shall
issue a license to the applicant, specifying the particular business
authorized and the location where it may be conducted.
(d)
This license shall be nontransferable and shall be in the continuous
possession of the licensee while engaged in the business listed. The
license shall be produced upon the demand of any City official or
prospective buyer.
(a)
The City Clerk shall keep a record of the applications, of the
determinations on the licenses and of all licenses issued in accordance
with this article. The record shall contain the name and residence
of the person licensed, the location of the business, the amount of
the license fee paid and the date of revocation of all licenses revoked.
(b)
All licenses issued under the provisions of this article shall
expire one year from the date of issuance, except that a license issued
for a shorter period than one year shall expire at the expiration
of the period for which it was issued.
The license fees for all licenses issued under the provisions
of this article shall be as follows:
(1)
One hundred fifty dollars per year; $100 per half year (six
months); or $15 per day or fraction of a day for peddlers engaged
in the casual sale of food.
(2)
Five hundred fifty dollars per year; $300 per half year (six
months); or $25 per day or fraction of a day for all other peddlers
(nonfood).
(3)
At the time of application the number of days should be identified
and reflect dates on the permit.
(4)
Disabled american veterans based on federal guidelines will
be exempt from all fees.
The City of Utica Police Department has the authority to approach
any peddler for the purpose of public safety and further has the authority
to have them move if it is in the interest of public safety.
(a)
A license required pursuant to the provisions of this article
may be summarily revoked by the City Clerk for a violation of the
terms of the license, the violation of any ordinance, local law or
state or federal statute or for falsification in applying for a license.
Written notice of the revocation, stating the terms of the revocation,
shall be personally served upon the licensee or mailed to the address
given in the application. Upon the filing of notice of revocation
in the City Clerk's office, with affidavit of service by mailing,
the license shall be revoked.
(b)
If a license is revoked pursuant to the provisions of this section
or if a license is denied to any applicant by the Clerk or the Chief
of Police refuses to countersign a license, the licensee or applicant
may request a hearing within a period of 30 days after the revocation,
refusal and denial. The request shall be in writing and shall be made
to the Common Council and filed with the City Clerk within the thirty-day
period. The Common Council shall hear the licensee's or applicant's
request for a review of the determination of the City Clerk or the
Chief of Police at the next regularly scheduled meeting of the Common
Council following the filing of the application for review with the
City Clerk. The Common Council may grant a license to the applicant
if the Council should determine that the refusal on the part of the
Clerk or the Chief of Police was arbitrary or otherwise in error.
If the Common Council, after the hearing, determines that the decision
of the City Clerk or Chief of Police was not arbitrary and was justified
under the circumstances, the Common Council shall refuse the license.
The decision on any hearing shall be rendered by the Common Council
in writing within 45 days after the hearing and shall be entered in
the minutes of the Common Council.
[Added 4-6-2016 by Ord.
No. 83]
(a)
LARGE GROUP AND/OR SPECIAL EVENTS
Definitions. As used in this section, the following terms shall
have the meanings indicated:
Includes but are not limited to Fourth of July celebration,
St. Patrick's Day Parade, Christmas on Main, Purple Heart Memorial,
Veterans Day Parade, 9/11 ceremony, Memorial Day Parade and the Thomas
Lindsey Memorial Ride; one-day event only.
(b)
Anyone, including but not limited to organizations, etc. holding
a special event shall obtain a permit for all vendors.
(c)
Organization permit.
(1)
Organizations shall obtain a blanket permit for $50 for under
20 vendors and $100 for over 20 vendors. Each vendor shall fill out
an application through his or her organizer and provide a copy of:
(2)
Insurance. Special event coordinators shall provide insurance
to cover their event naming the City of Utica as an additional insured
($1,000,000 general liability). Their policy should have a noncontributory
clause, have a waiver of subrogation, and they will defend the City
of Utica in the suit.
(3)
All vendors need insurance even for one-day events.
(4)
If a vendor already has a vendor's license from the City of
Utica, the vendor shall provide to the special event organizer the
above-mentioned documents.
(5)
If the individual vendor does not get the above sections approved
by the City Clerk's office, he or she will not be able to participate
in the special event and will be subject to revocation of the vendor
permit.
[Added 4-6-2016 by Ord.
No. 83]
(a)
FLEA MARKET and INDOOR/OUTDOOR LARGE-CAPACITY GARAGE SALE
Definition. As used in this section, the following terms shall
have the meanings indicated:
A coordinated or organized group of vendors, usually contained
to a specific area, selling, goods, wares, jewelry, crafts and arts
and food for profit.
(b)
Flea Markets and Indoor/Outdoor Large Capacity Garage Sales
are not part of the blanket permits or special events.
(1)
Shall obtain a blanket permit of $50 for one-day permit; $100
for two-to-three-day permit for under 20 vendors; $100 for one-day
permit; $150 for two-to-three-day permit for over 20 vendors; and
each vendor shall fill out an application through his or her organizer
and provide a copy of:
(2)
Insurance. Special event coordinators shall provide insurance
to cover their event, naming the City of Utica as an additional insured
($1,000,000 general liability). Their policy should have a noncontributory
clause, have a waiver of subrogation, and they will defend the City
of Utica in the suit.
(3)
All vendors need insurance even for one-day events.
(4)
If a vendor already has a vendor's license from the City of
Utica the vendor shall provide to the special event organizer the
above-mentioned documents.
(5)
If the individual vendor does not get the above sections approved
by the City Clerk's office, he or she will not be able to participate
in the special event and will be subject to revocation of the vendor
permit.
