[HISTORY: Adopted by the Town Board of the Town of Urbana
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-28-1993 as L.L. No. 1-1993; amended in its entirety 4-24-2012 by L.L. No. 2-2012]
This article is enacted for the purpose of regulating the business
practices of roadside vending and transient merchants within the Town
of Urbana and to provide for the preservation of good order and the
peace, health, safety and welfare of the Town of Urbana residents
and the protection and security of their property.
As used in this article, the following terms shall have the
meanings indicated:
Any person, solicitor, vendor or transient merchant engaging
in or conducting a transient business.
An individual, firm, partnership, association, corporation,
limited liability company or agent thereof.
Agricultural products grown or produced for human consumption,
including but not limited to various fruits, vegetables, syrups and
honey.
Any area bordering a public highway or roadway, defined by
the respective governing agency to be a part of that public highway
or roadway, and to be free of any structures or obstructions.
Any stand, cart, wagon or other vehicle or temporary structure
located adjacent to any highway or roadway for the purpose of selling
and offering agricultural produce and related agricultural products
to the general public.
Any person, whether a resident of the Town of Urbana or not,
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 sale of
goods, wares and merchandise or personal property of any nature whatsoever,
for immediate or future delivery or for services, whether or not such
individual has, carries or exposes for sale a sample of the subject
of such sale or whether or not he is collecting advance payment on
such sales.
A retail, wholesale or service business conducted in a temporary
structure, tent or vehicle on any lot or parcel of land, or by door-to-door
solicitation, for a limited period of time. Lack of a permitted permanent
physical structure housing a permitted business shall be presumptive
evidence of a temporary situation.
Any person, whether a resident of the Town of Urbana or not,
who engages or proposes to engage in a transient retail or service
business.
A person who engages or proposes to engage in the operation
of a roadside vending stand.
A.
No person shall engage in business as a transient merchant unless
he/she shall first have obtained a permit to do so from the Town of
Urbana. The fee for such permit shall be determined from a schedule
of fees as adopted by the Town Board.
B.
No provisions of this article shall exempt permit holders from any
other applicable regulations of the Town of Urbana.
Vendors conducting business from roadside stands, carts, wagons
or other vehicles or temporary structures are subject to the following
regulations:
A.
Any roadside stand, carts, wagons or other vehicles or devices utilized
by them shall not be located in any state or municipal right-of-way.
B.
Only agricultural produce or related products can be offered for
sale at such roadside locations.
C.
No such roadside stand shall be located within 500 feet from any
roadway intersection.
D.
Any roadside vending stand not located on property owned by the vendor
shall have written permission from the property owner expressly allowing
the operation of said stand. Such written permission shall be visibly
displayed.
E.
No vendor shall operate any roadside stand for a period exceeding
30 days, consecutive or cumulative, in any given calendar year.
The following types of activities may be undertaken and maintained
without a permit or payment of a fee, provided that such activities
comply with the requirements of this article and any other local laws
or ordinances of the Town of Urbana or any other governing body:
A.
The temporary, in season, sale of produce grown or produced on premises
owned by the vendor and sold from premises owned by the vendor.
B.
The delivery of meats, fish, fruit and similar produce by farmers
and persons who produce such commodities or to dealers in milk, baked
goods, heating oil, daily newspapers or similar commodities.
C.
Persons soliciting, collecting or operating a sale on behalf of any
bona fide charitable, education, scientific, health, religious or
patriotic organization.
D.
Any person selling personal property at a garage, barn or yard sale
held at his residence, provided that such sales do not exceed three
consecutive days. If such sales take place more often than three times
in any calendar year at the same location, a zoning permit and site
plan approval will be required.
A.
Applications for a transient merchant permit shall be made in writing
on forms obtained from the Urbana Town Clerk and shall contain the
following information:
(1)
The name, address and telephone number of the applicant.
(2)
The name, address and telephone number of any person or persons who
will be conducting business.
(3)
A copy of any applicant's certificate of doing business as filed
in the Steuben County Clerk's office.
(4)
A copy of the applicant's current New York State sales tax resale
certificate.
(5)
A brief description of the goods or services to be provided.
(6)
The location where the applicant intends to do business.
(7)
A description of any vehicle. (If a vehicle is utilized, then a copy
of the vehicle registration is to be included.)
(8)
The dates that this license shall include.
B.
The applicant shall present a New York State driver's license
or similar photographic identification.
Following the receipt of a completed application, the Zoning
Officer shall verify that the application is complete. Upon verification
of the application and payment of the prescribed fee as set by the
Town Board, the permit shall be issued by the Zoning Officer.
The permit issued shall not authorize any person except the
designated person named in said license to engage in business thereunder.
Said permit shall not be transferable from the person to whom issued
to any other person. The applicant shall supply a list containing
the names of every agent or employee that will be conducting business
on his behalf under the provisions of the permit. Each permit shall
authorize the person and those listed therein to conduct business
only in the manner as indicated therein.
All permits shall be issued on forms drawn in accordance with
this article. They shall be printed and consecutively numbered. The
permit shall contain all the required information, including the term
of the permit and the amount of fees paid.
A.
Every person holding a permit under this article shall be required
to carry the permit with him while engaged in the business permitted.
He must produce the permit at the request of any Town official and
present such permit to any person in the Town with whom he wishes
to conduct business.
B.
If a permit is lost or stolen, such shall be immediately reported
to the Town Clerk. Upon notification, the Town Clerk shall issue a
replacement permit to the permittee pursuant to the fee schedule approved
by the Town Board.
Each transient merchant permit shall have a term of one week.
For the purposes of this article, a "week" is defined as that period
beginning at 9:00 a.m. on Monday and ending at 6:00 p.m. the following
Sunday or any portion thereof.
A transient merchant or any person in his behalf shall not:
A.
Be permitted to operate in any congested area where his operations
might impede or inconvenience the public.
B.
Sell or offer for sale goods, wares, merchandise or food and beverages
from any motorized vehicle or any other type of conveyance on any
of the public streets and highways of the Town of Urbana; and in Town
parks except as hereinafter provided; provided, however, that the
prohibition herein contained shall not include the bona fide delivery
of goods, wares, merchandise or food and beverages made on a regular
route to regular customers. With respect to Town parks, if the Town
Board has approved an application for a special event to be held in
a park and if the applicant discloses in its application its intention
to have vendors sell or offer for sale goods, wares, merchandise or
food and beverages from any motorized vehicle or any other type of
conveyance, the sponsor of the event shall be solely responsible in
determining which vendor(s) may participate in the event and shall
verify that the vendor’s vehicle or other type of conveyance
meets all applicable vehicular laws and has all required department
of health permits.
[Amended 9-18-2018 by L.L. No. 4-2018]
This article shall not apply to any village within the Town
of Urbana.
The Town Board of the Town of Urbana shall provide for the enforcement
of the provisions of this article. The Zoning Officer, his agents
or any other person authorized by the Town Board shall have the right
to administer and enforce this article.
If the Zoning Officer, upon investigation, finds that the holder
of any transient merchant permit or operator of any roadside vending
stand is in violation of the provisions of this article, he shall
serve upon the holder of such permit or such vendor an order, in writing,
directing the person or persons to cease and desist from any such
activity and to surrender any permit or permits until the violations
therein specified are remedied.
Any person violating the provisions of this article shall be
guilty of an offense and, upon conviction thereof, shall be fined
not less than $50 nor more than $100 for each offense. Each and every
day that a violation of this article shall continue shall constitute
a separate and distinct offense.
