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:
APPLICANT
Any person by or for whom an application is made under this
chapter.
CHARITABLE ORGANIZATION
A.
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.
B.
Any governmental entity or organization, including, without
limitation, a school district, fire district and fire company.
MOBILE FOOD VEHICLE
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.
PEDDLER
A person who engages in peddling.
PEDDLING
A.
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."
B.
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.
PERSON
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.
PROPERTY
Any goods, wares, merchandise or other article or thing of
every kind or nature except newspapers.
SOLICITING
A.
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.
B.
Seeking or taking subscriptions or contributions of money or
property upon any street, road or highway or from house to house in
the Town.
SOLICITOR
A person who engages in soliciting.
STADIUM VENDOR
A person who engages in vending at, or around, New Era Field
during stadium events.
TOWN
The Town of Orchard Park outside the Village of Orchard Park.
TRANSIENT BUSINESS
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:
A.
Outdoor sales of property or services accessory to a business
conducted within a permanent structure on the same premises; or
B.
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.
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.
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.
A. The Police Department shall perform the same investigation and provide the report of the results to the Town Clerk within 10 business days of the receipt of a copy of a list filed pursuant to the requirements of §
101-6 of this chapter.
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.
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.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision of this chapter.