[HISTORY: Adopted by the Board of Trustees
of the Village of Johnson City 10-3-2017 by L.L. No. 9-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Licensed occupations — See Ch. 172.
A.
The short title of this chapter shall be the "Transient Retail Business
and Vendor Law."
B.
The Board of Trustees, as a matter of legislative determination,
does hereby determine that the business, occupation or activity of
transient retail businesses and vendors should be regulated as doing
so is necessary for the enforcement of law, the regulation of traffic,
the prevention of congestion of travel and for the protection and
preservation of the safety, health and general welfare and property
of the inhabitants of the Village and to protect such inhabitants
against the unlawful activities or operations of persons of criminal
habits or tendencies representing themselves as engaged in such business
or occupation, and that such persons shall be registered and required
to furnish such information as shall be necessary or desirable for
purposes of identification and to pay reasonable license fees and
taxes. Accordingly, the Village declares that the purpose of this
chapter is to establish, implement and enforce licensing procedures
to be applicable to all transient retail businesses and vendors within
the Village of Johnson City.
As used in the chapter, the following terms shall have the following
meanings:
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.
The singular and the plural, and shall also mean and include
any person, firm or corporation, association, club, partnership, society
or any other organization.
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.
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.
A.
For all vendors selling goods in the farmers market located in the
Johnson City Senior Center located at 30 Brocton Street, Johnson City,
New York 13790, no license shall be required.
B.
Vendors engaged in the sale of newspapers, milk, bakery goods, cheese,
eggs, soft drinks, potato chips, beer, ice cream, cream and poultry
and farmers and growers of farm and garden produce, or regularly established
retailers in the Village and the duly appointed agents, servants and
employees of such persons, shall not be required to apply for and
obtain a license or pay a fee under the provisions of this chapter.
Vendors and transient retail businesses not required to obtain licenses
shall still be required to comply with all other provisions of this
chapter.
C.
This chapter shall not apply to sales in a residence when the person
has a permanent residence within the Village of Johnson City, and
shall not apply to door-to-door sales by civic groups, churches, Girl
or Boy Scouts, Rotary Clubs, Lions Clubs, Kiwanis and like civic-minded
groups, nor to garage and lawn sales. Further, the provisions of this
chapter shall not apply to persons engaged in the sale of cosmetics,
Tupperware, pots and pans and like items of personal property; provided,
however, that such sales occur solely and exclusively within a residence
by permission of the owner thereof. It is the intent of this section
to except such persons who sell Avon products, Tupperware, Mary Kay
cosmetics, or similar products, and like groups that conduct sales
of goods in residences with permission of the owner thereof.
E.
Nothing in this chapter shall apply to activities sponsored by and
held for the benefit of any bona fide museum or any fraternal, charitable,
educational or religious organization. The burden of proving entitlement
to this exemption shall be upon the person who would be required to
otherwise make an application for a license under this chapter.
A.
It shall be unlawful for any person to operate in the Village as
a vendor or transient retail business without first applying for and
securing a license, hereinafter called, as applicable, a "vendor's
license" or "transient retail business license."
B.
Before any license may be issued under the provisions of this chapter,
the applicant shall pay a fee to the Village Clerk, who shall issue
a receipt therefor to the applicant. The fee for such license shall
be as set from time to time by resolution of the Village Board. Said
license fees are nonrefundable. Any disabled veteran of any division
of the United States Armed Forces, although he or she must qualify
for a vendor's license pursuant to the terms of this chapter,
if he or she does so qualify, shall receive a vendor's license
without fee.
C.
A vendor's license issued under this chapter shall be valid
for 60 days from its date of issuance. A transient retail business
license shall be valid for 180 days from its date of issuance. Licenses
issued may only be renewed upon reapplication by the person seeking
to act as a vendor or transient retail business.
A.
Vendor's license. An applicant for a vendor's license required
by this chapter shall execute an application form at the office of
the Village Clerk, which application form shall require the following:
(1)
The applicant's name and home, business and local address, if
any.
(2)
A physical description of the applicant, setting forth the applicant's
age, sex, height, weight, complexion, color of hair and eyes and any
other distinguishing physical characteristics.
(3)
The name and address or local principal office of the person, firm,
organization or corporation, if any, for or through whom or under
whose auspices the applicant is authorized to conduct such activity;
if a partnership, the names and addresses of the partners; if a corporation,
the name and addresses of the president, vice president, secretary
and treasurer; or a statement that the applicant is engaged in such
activity solely on his or her own behalf.
(4)
A brief description of the type or types of goods or services for
which sales, purchases or orders are to be solicited.
(5)
A statement as to the approximate amount to be collected by the applicant
and whether in full or partial payment.
(6)
The length of time during which the applicant intends to remain in
the Village for the purpose of engaging in such activity.
(7)
A statement as to whether any license similar to or like that provided
for in this chapter was issued or denied to the applicant within the
current or prior calendar year, whether in said Village or elsewhere,
and if issued, whether such license has been revoked, setting forth
the reasons for such revocation.
(8)
A statement as to whether the applicant has been arrested for or
convicted of any crime or the violation of any municipal ordinances
or if so, the place where, the nature of the offense and punishment
or penalty assessed therefor or if the matter is pending.
(9)
Sample copy of order form. The applicant shall attach to such application
a sample copy of the order or receipt form, if any, used by him or
her in connection with such activity.
(10)
Credentials. Credentials from the person, firm or corporation
for whom the applicant proposes to do business, authorizing the applicant
to act as such representative, shall also be presented.
(11)
Proof of registration with the New York State Department of
Taxation and Finance, or proof of exemption from such registration.
B.
Transient retail business license. Any person desiring to conduct
a transient retail business in the Village shall present to the Village
Clerk a verified application stating:
(1)
The name and permanent address of the person desiring to conduct
such business.
(2)
The place where and the time during which said business is to be
conducted.
(3)
The name and local address of the person to be in immediate charge
of said business.
(4)
The character of the goods or services to be dealt in.
(5)
Proof of registration with the New York State Department of Taxation
and Finance, or proof of exemption from such registration.
(6)
The estimated amount of gross sales which may be made.
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.
A.
Should the Mayor approve the license application provided for herein,
a license shall be issued by the Village Clerk. The Mayor shall not
approve, and no license shall be issued to, any applicant who shall
have been convicted of any crime or the violation of any municipal
ordinance or to any person whose license has been revoked unless the
Mayor shall find upon good cause that the issuance thereof would not
be contrary to the provisions of this chapter. No license shall be
issued to any person where the Mayor finds that the issuance thereof
would be contrary to the provisions of this chapter.
B.
A license issued under the provisions of this chapter shall be signed
by the Village Clerk and shall be in such form as the Village Clerk
may prescribe; provided, however, that such form shall include:
(1)
The name and address of the applicant.
(2)
The name and address of the person, firm or corporation, if any,
for or through whom or under whose auspices the applicant is authorized
to vend or conduct a transient retail business or, if none, a statement
to such effect.
(3)
A brief description of the type or types of goods, wares and merchandise
to be sold.
(4)
The expiration date of the license.
(5)
If a transient retail business, the address where such business will
be conducted; if a vendor, the approximate area within the Village
where vending will occur.
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.
[1]
Editor's Note: Former § 196-11, Bond required; imposition
of tax; filing of reports; right of entry, was repealed 2-4-2020 by
L.L. No. 2-2020 and intentionally left blank.
A.
Any person to whom a vendor's license has been issued under
this chapter shall have such license in his or her possession at all
times and shall exhibit the same at any time upon demand by any police
officer, Village official, Village employee or the person approached
by any vendor.
B.
Any person to whom a transient retail business license has been issued
shall have such license displayed to the public within five feet of
such business's register or point of sale.
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.
