[HISTORY: Adopted by the Town Board of the
Town of Orchard Park as Secs. 8-11 through 8-20 of the 1970 Code;
amended in entirety 7-1-2020 by L.L. No. 3-2020.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This local law also changed the title of this
chapter from "Peddlers and Solicitors" to its current title.
The purpose of this chapter is to promote and protect the health,
safety and general welfare of the community and the preservation and
protection of property of the Town of Orchard Park and its residents.
The following words and phrases shall have the meanings set
forth unless the context of their use clearly indicates otherwise:
Any person by or for whom an application is made under this
chapter.
Any benevolent, philanthropic, patriotic, military veterans,
not-for-profit, educational or religious association, society or other
organization or any other association, society or organization qualified
as a tax-exempt organization under Section 501 of the Internal Revenue
Code.
Any governmental entity or organization, including, without
limitation, a school district, fire district and fire company.
A self-contained mobile food unit in which ready-to-eat food
is prepared, cooked, wrapped, packaged, processed or portioned for
service, sale, or distribution.
The owner or owner's agent of a mobile food vehicle.
A person who engages in peddling.
Selling or offering for sale, barter or exchange any property
or service, either for immediate or future delivery or performance,
upon any street, road or highway or from house to house in the Town,
and including, without limitation, activities commonly known as "hawking."
Delivery or distribution of advertising matter, literature,
pamphlets, samples or handbills house to house or on any of the streets,
roads or highways or by going from place to place in the Town, but
not including the delivery or distribution of newspapers, magazines
or political or religious materials.
A natural person, corporation, partnership, association,
joint venture, society or other organization or association of any
kind, whether acting as principal, agent, employer or employee.
Any goods, wares, merchandise or other article or thing of
every kind or nature except newspapers.
Seeking, taking or offering contracts or orders for any property
for future sale or delivery or performance of any service upon any
street, road or highway or from house to house in the Town.
Seeking or taking subscriptions or contributions of money or
property upon any street, road or highway or from house to house in
the Town.
A person who engages in soliciting.
A person who engages in vending at, or around, New Era Field
during stadium events.
The Town of Orchard Park outside the Village of Orchard Park.
A retail or wholesale business, other than a mobile food
vehicle vendor (as regulated separately in this chapter), conducted
from a temporary structure or tent, truck, van or trailer, stand,
parking lot or vacant parcel of land, in a public right-of-way or
in or on any other place in the Town, but not:
Outdoor sales of property or services accessory to a business
conducted within a permanent structure on the same premises; or
The sale of food products raised or produced on the same premises
from a temporary or seasonal stand, provided that the principal structure
or activities otherwise comply with the zoning and other ordinances
of the Town.
A.
No person shall engage in peddling, soliciting, mobile food vehicle
vending or a transient business in the Town of Orchard Park without
first obtaining a permit or registering, or both, as required by this
chapter.
B.
No motor vehicle shall be used for peddling, mobile food vehicle
vending or conducting a transient business unless a permit shall first
have been obtained, which permit shall at all times be displayed in
a conspicuous location that is visible from the outside of the vehicle.
C.
All mobile food vehicles shall be subject to inspection by the Code
Enforcement Office prior to a permit being issued (2020 Fire Code
of NYS Section 319, Mobile Food Preparation Vehicles) and will be
issued an operating permit (2020 Fire Code of NYS Section 105.6) after
inspection.
No permit under this chapter shall be required:
A.
By any charitable organization or its agents or employees or veterans
licensed pursuant to General Business Law § 32.
B.
By any business, service or activity licensed under any other ordinance
or law of the Town of Orchard Park.
C.
For lawn cutting, leaf raking and snow shoveling services for residential
property.
D.
By political parties and candidates for public office.
E.
For peddlers and solicitors not over 16 years old.
A.
No peddling, soliciting or transient business activities, whether
or not exempt from the permit requirements of this chapter, shall
be conducted before 9:00 a.m. or after the earlier of 8:00 p.m. or
dusk.
B.
Mobile food vending shall not be conducted before 8:00 a.m. or after
11:00 p.m. on a nonresidential property or in a right-of-way adjacent
to a nonresidential property, unless otherwise stipulated on the permit.
C.
New Era Field vending permits shall be valid only on the day of the
event for a period of four hours prior to, during, and four hours
after the end of the stadium event.
A.
An application for a permit under this chapter shall contain the
following:
(1)
The name, home address and local address, if any, of the applicant.
(2)
A physical description of the applicant, giving date of birth, height,
weight and color of hair and eyes. A photograph may be required.
(3)
The name and address of the person, if any, by whom the applicant
is employed and for whom or through whom orders are to be solicited,
cleared, filled or delivered.
(4)
A description of the business or activity in which the applicant
intends to engage and of the nature of any property or services involved.
(5)
For peddlers or solicitors, a list of crimes for which the applicant
has been arrested or convicted, including the dates and places.
(6)
A statement as to the period of time during which the applicant intends
to engage in the business or activity regulated under this chapter.
(7)
Proof that the applicant, or his or her employer or principal, is
registered for sales tax purposes, if the business or activity to
be conducted is subject to sales or use tax.
(8)
A description of any motor vehicle that will be used for pickup or
delivery of property or for the purpose of bringing any such property
into the Town for peddling, soliciting or transient business purposes,
or from which a transient business will be conducted, to include the
name of manufacturer, year, type of vehicle, vehicle identification
number, registration plate number, title holder and name of the person
other than the title holder to whom the vehicle is registered, if
any.
(9)
The location where a transient business or mobile food vending operation
is to be conducted, if known.
(10)
Further information required by the Town Clerk or the Police
Department.
B.
The application shall be signed by the applicant and sworn to before
a notary public or other officer authorized to administer oaths.
C.
When New Era Field events, mobile food vending or a transient business
are to be conducted on private property, the written consent of the
property owner, if other than the applicant, shall be filed with the
application or shall be prominently displayed on the mobile food vending
vehicle or at the transient business site.
For peddling or soliciting permit applications, the Town Clerk
shall forward a copy of the application to the Police Department.
A copy of any application for a transient business or mobile food
vendor shall be forwarded to the Building Department. The Police Department
shall, to the extent possible, determine whether or not the applicant
has accurately reported convictions and is otherwise a person of good
moral character and reputation. The Police and Building Departments
shall report the results of their investigations of applications to
the Town Clerk within 10 business days of the receipt of the copy.
The fees shall be paid to the Town Clerk with an application
for a permit. The fees will be set by the Town Board at the yearly
organizational meeting and then posted on the Town of Orchard Park
website. The fees are nonrefundable.
A.
After receipt of reports from the Police Department and Building
Department, when required, the Town Clerk shall issue the permit requested
unless the applicant for a peddler's or solicitor's permit
has been convicted of a felony at any time or a misdemeanor involving
moral turpitude within five years prior to the application, and has
not been granted relief from civil disabilities, or otherwise is found
not to be a person of good moral character and reputation.
B.
Solicitors' and peddlers' permits are effective from January
1 to December 31 for the year. Transient business permits issued pursuant
to this chapter will expire 30 days after issued. New Era Field venders'
permits are effective from January 1 of the year to December 31 of
that year. Mobile food vendor permits shall be effective from January
1 of the year to December 31 of that year.
C.
Permits issued under this chapter shall not be transferable.
D.
A permit issued pursuant to this chapter may be revoked if, following
its issuance, the Police Department determines that the applicant
was convicted for any crime not reported in the application or is
otherwise not a person of good moral character and reputation. A permit
may also be revoked for any violation of this chapter committed after
its issuance.
E.
A transient business permit shall be limited to a single location.
If the location is in a public right-of-way, it must be approved by
the state, county or Town authority having jurisdiction. If the location
is not in a public right-of-way, it must be approved by the Building
Department.
F.
For mobile food vendors:
(1)
It shall be unlawful to conduct business from a mobile food vehicle
within a public right-of-way or on private property within the Town
without having first obtained a valid mobile food vendor permit for
each mobile food vehicle.
(2)
It shall be unlawful for a mobile food vendor to conduct business
in a location within 100 feet of the primary entrance of an establishment
that is open to the public and where ready-to-eat food is prepared,
cooked, wrapped, packaged, processed or portioned for service, sale,
or distribution. This requirement shall be waived if permission for
the mobile food vending operation is obtained from the owner of the
property that contains the establishment where ready-to-eat food is
prepared, cooked, wrapped, packaged, processed or portioned for service,
sale or distribution.
(3)
Within nonresidential zoning districts, it shall be unlawful for
a mobile food vendor to conduct business at a single location within
a public right-of-way for a duration exceeding three hours. Within
residential zoning districts, it shall be unlawful for a mobile food
vendor to conduct business within a public right-of-way except for
mobile food vehicles that operate for less than 20 minutes at a single
location or that operate within an area where a block party is being
conducted.
(4)
At all times, mobile food vendors must abide by the New York State
Transportation Law and all applicable parking, vehicle and traffic
laws, ordinances, rules and regulations.
(5)
All signage associated with a mobile food vendor must be permanently
affixed to the mobile food vehicle. No accessory signage shall be
placed outside or around the mobile food vehicle.
(6)
All mobile food vendors must provide trash receptacles of sufficient
capacity to contain all trash and waste generated in association with
the business of the mobile food vendor. All waste and trash shall
be placed in the trash receptacles. All trash, waste, litter and debris
shall be removed from the site of the vending operation at the end
of each daily operation.
(7)
It shall be unlawful to discharge liquid waste, fats, oils or grease
on the land. Such discharges shall be held in appropriate containers
and then disposed in a legally permissible manner.
(8)
Mobile food vendors shall not conduct operation from a site that
contains a gasoline service.
(9)
Each mobile food vehicle shall be inspected annually by the Building
Department for firesafety code compliance.
(10)
All required permits shall be posted conspicuously on the mobile
food vehicle.
(11)
Each mobile food vehicle shall be registered as a commercial
vehicle with the New York State Department of Motor Vehicles.
(12)
When parked on a public or private right-of-way, products shall
not be dispensed from the street side of the mobile food vehicle.
(13)
A mobile food vehicle shall not be operated in reverse in order
to attempt or make a sale.
(14)
When parked on a public or private right-of-way, a mobile food
vehicle shall not be parked within 60 feet of an intersection with
another public or private right-of-way boundary.
A.
No person shall use private real property for any activity requiring a permit under this chapter without the written consent of the owner, and in compliance with § 101-6C.
B.
No person regulated by this chapter shall hawk or cry property, offers,
contracts or services upon any location in the Town, or use any loudspeaker,
horn or other sound-making device.
C.
No person holding a permit under this chapter shall engage in any
activity regulated hereunder unless he or she has the permit on his
or her person, or, as it pertains to a mobile food vendor, on the
mobile food vehicle.
A.
The owner or occupant of a residential building may post a notice
prohibiting peddlers and solicitors. The notice shall be placed in
a conspicuous place adjacent to the entrance door of the building.
The letters of the notice shall be at least 1/2 inch in height and
shall contain a statement saying in substance that "peddlers or solicitors
are prohibited." No person shall engage in any activity regulated
by this chapter by attempting to enter a building or ringing a doorbell
or knocking on an entrance door to any residence building at which
entrance such a notice has been posted.
B.
Any person engaged in an activity regulated under this chapter, whether
that person is exempt or not, who has entered upon private property,
whether invited or not, shall immediately and peacefully depart therefrom
when requested to do so by any occupant.
The Town of Orchard Park stadium event vendor license is a license to sell goods, wares, or merchandise upon privately owned parcels within a one-mile radius from the center of the stadium. The license shall be valid only on event days for a period of four hours prior to, during, and four hours after the end of the stadium event. This license shall be valid only during the time period designated on the license. This license shall be issued in compliance with § 101-3 and §§ 101-5 through 101-10. The license fee shall be set by resolution of the Town Board of the Town of Orchard Park from time to time and be administered by the Town Clerk of the Town of Orchard Park.
Any person who violates any provision of this chapter shall
be guilty of a violation. Each violation shall be punishable by a
fine not to exceed $250 or by imprisonment for a period not to exceed
15 days, or both.
A.
This chapter shall be enforced by the Police Department and the Building
Department of the Town of Orchard Park.
B.
Primary enforcement of the mobile food vending regulations contained
in this chapter shall be the responsibility of the Building Department.
Matters concerning the Vehicle and Traffic Law, the New York State
Transportation Law, illegal parking and trespassing shall be the responsibility
of the Police Department. If the Building Department determines an
issue to be a police matter, the Building Department shall refer that
issue to the Police Department.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision of this chapter.
