As used in the chapter, the following terms shall have the following
meanings:
FARMERS MARKET
Any building or buildings, structure or structures or premises
used by four or more persons for the sale at retail of produce, goods,
wares or merchandise. The term "farmers market" shall be deemed to
not include "flea market" and similar terms.
PERSON
The singular and the plural, and shall also mean and include
any person, firm or corporation, association, club, partnership, society
or any other organization.
TRANSIENT RETAIL BUSINESS
A business conducted in a store, hotel, motel, house, building,
vehicle, structure or outdoor sale area located on private property,
and which is intended to be conducted for a temporary period of time
and not permanently. Pursuant to § 85-a of the General Municipal
Law, if the place in or from which a business is conducted is rented,
leased or occupied for a period of six months or less, such fact shall
be presumptive evidence that the business carried on therein is a
transient retail business.
VENDOR
A retailer of goods, or provider of services as a buyer or
seller, in the public streets and places and from door to door in
the Village. The term "vendor" shall include persons commonly referred
to as "hawkers," "peddlers," "salespeople," or "canvassers." The term
"vendor" shall not include persons retailing goods or rendering services
as a buyer or seller, if such persons conduct their business in a
store, hotel, motel, house, building, vehicle, structure, or outdoor
sale area located on private property.
The Village Clerk shall refer all applications and applicants
for a license to be issued under this chapter to the Chief of Police
for fingerprint identification and to furnish such other information
as shall be required for purposes of identification, and the Chief
of Police shall conduct such investigation as he or she shall deem
necessary. He or she shall make a report of his or her investigation
directly to the Village Clerk, who shall thereafter make his or her
recommendation for approval or disapproval of the application to the
Mayor.
No person shall act as a vendor or conduct a transient retail business within the Village at any place other than that set forth on the permit issued by the Village Clerk pursuant to this chapter. Transient retail businesses cannot be located on a residential parcel or property zoned residential. Any signage must conform to Chapter
300 of the Village Code.
In the event that any person fails to begin conducting the transient retail business or acting as a vendor at the place or in the manner specified in the license within 30 days after the issuance of said license, such person shall not thereafter conduct any transient retail business or act as a vendor within the Village until five days shall have elapsed after the filing of a new application duly verified and containing the information set forth above in §
196-5A if a vendor, or §
196-5B if a transient retail business.
Any person to whom a license is issued under the provisions
of this chapter and carrying, keeping or using scales, measures or
other appliances for weighing or measuring shall first have the same
inspected by the County Sealer of Weights and Measures, and if the
latter shall find such appliances correct and true, he or she shall
issue his or her certificate to that effect, and such certificate
shall be affixed thereto in a conspicuous place. Such persons shall
not carry, keep for use or use any such appliance which shall not
be correct and true and which does not record and give the weight
and quantity claimed by said person.
Any person to whom a license is issued under the provisions
of this chapter shall conduct himself or herself at all times in an
orderly and lawful manner.
A licensee hereunder shall keep the vehicles and receptacles
used by him or her in a clean and sanitary condition and the foodstuffs
and edibles offered for sale, if any, well covered and protected from
dirt, dust and insects.
It shall be unlawful for any person licensed hereunder to use,
blow upon, ring or sound any instrument or thing or to shout or cry
out for the purpose of attracting attention to his or her wares or
giving notice of his or her approach.
Persons licensed hereunder shall make no false statements or
misrepresentations in the course of their activities.
Vendors shall not enter in or upon any house or building or
on any land or property where there is posted on the front of the
building or premises a written notice stating that vendors are not
desired, unless the vendor has received the prior consent of the occupant
thereof.
It shall be unlawful for any person to whom a vendor's
license has been issued under the provisions of this chapter to sell
any confectionery or ice cream within 250 feet of any school between
the hours of 8:00 a.m. and 4:00 p.m. on school days.
It shall be unlawful for any person to whom a vendor's
license has been issued hereunder, directly or indirectly, to cause
or permit the public streets and places of the Village to be littered
with papers, wrappings or other debris or refuse.
Any person licensed under the provisions of this chapter shall
conduct his or her activities in such manner as not to interfere with
pedestrian or vehicular use of the public streets and places.
Any person who violates any of the provisions of this chapter
shall be punished as follows:
A. A violation of any provision of this chapter is hereby declared to
be a violation and shall be punishable by a fine of not less than
$100 nor more than $250 or imprisonment for not more than 15 days,
or both.
B. In addition to the penalties hereinabove imposed, the permit of such
person shall be canceled and revoked and forfeited.