[HISTORY: Adopted by the Board of Trustees of the Village of Speculator 10-15-2019 by L.L. No. 4-2019. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Vendor Rules and Conditions, and Agreement for Operating Within Village Limits and Property
In this chapter, the following definitions apply:
GOODS, WARES, MERCHANDISE
Includes but is not limited to fruits, vegetables, garden truck, farm products or provisions, dairy products, fish, game, poultry, meat, plants, flowers, appliances, wearing apparel, jewelry, cosmetics and beauty aids, health products, medicines, household needs or furnishings, books, magazines, periodicals, food of any kind, whether or not for immediate consumption, confections or drinks, crafts, novelties, recreational items or any other article or thing whatsoever.
RETAIL VENDOR
Any person temporarily occupying Village property in a generally fixed position or travelling by any means or on the side of a street or on property owned or controlled by the Village of Speculator carrying or transporting goods, wares or merchandise and offering them for sale or rent; or who, without travelling from place to place, sells/rents or offers for sale/rental products or services from a generally fixed position on Village property or public street or sidewalk or from a wagon, handcart, pushcart, motor vehicle, or stand. A "retail vendor" shall include any "vendor," "street vendor," or "transient vendor".
STREETS
All that area legally open to public use as public streets, and sidewalks, roadways, highways, parkways, routes, alleys and any other public way.
TRAVELLING
Includes any public or privately owned vehicle, method or means of transporting people, bicycle, motorized or nonmotorized vehicle, handcart, pushcart, lunch wagon, stand or any other device or thing whether or not mounted on wheels.
A. 
It shall be unlawful for any person to engage in the business of a retail vendor within the Village of Speculator without first obtaining a license from the Village;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Village organizations who run the following events will be required to obtain a license and follow regulations set forth herein, except for licensing fees as laid out in § 129-4B. Events include but are not limited to the Fourth of July parade and after-party festival; weekly farmer's market; TWIGS Annual Craft Fair; and Fall Festival.
It shall be unlawful for any person to engage in the business of a street vendor unless he or she has first obtained a license from the Village Clerk no later than seven calendar days prior to the start of the event. All licenses will be issued according to regulations established by this chapter.
A. 
Each license shall show the name and address of the licensee, the kind of goods to be sold, the date of issuance, the license number, an identifying description of any vehicle or item used by the licensee. Each license shall also show the expiration date of the license issued by the Village of Speculator.
B. 
No license shall have any exclusivity clause or guarantees of any kind, either written or verbal, and no vendor shall have any expectations or perceptions of any exclusive rights or noncompetes whatsoever.
C. 
The Village of Speculator Mayor may suspend or revoke any license for any reason at his or her sole discretion at any time with written notice to the Vendor's address as provided by the vendor on his or her license, or in person. The vendor may appeal and seek reinstatement of suspended or revoked license by the Village of Speculator Board of Trustees at its next regularly scheduled meeting or regularly scheduled meeting thereafter.
No license shall be issued unless:
A. 
The applicant furnishes any relevant information the Village Clerk requires, as outlined in the Village of Speculator Vendor Rules and Conditions, and Agreement for Operating Within Village Limits and on Village Property (Attachment 1),[1] including but not limited to:
(1) 
A physical description of the applicant, proof of identity and address;
(2) 
A brief description of what is to be sold, and, whether produced, grown, made, manufactured or assembled by the applicant;
(3) 
If food items are to be sold, a copy of the permit issued by the Department of Health approving/permitting the sale of the food items shall be furnished to the Village Clerk;
(4) 
If employed by another the name and address of the person, firm, association, organization, company, or corporation;
(5) 
If a motor vehicle is to be used, a description of it together with the motor vehicle registration number, license number;
(6) 
The vendor shall provide a copy of a certificate of liability insurance naming the Village of Speculator as additionally insured for a minimum amount of $1,000,000.
[1]
Editor's Note: Attachment 1 is included as an attachment to this chapter.
B. 
The applicant pays the following license fee; with the exception of Village-based established businesses that pay Village property taxes, which shall be exempt from any license fees:
(1) 
$50 per day for each person vending on foot, using a handcart, pushcart, stand or similar arrangement which is mounted on wheels, or a motor vehicle.
Each street vendor shall, while engaged in the business of vending under this chapter be required to display the vendor permit issued by the Village Clerk in a spot that is easily visible for everyone to see as they approach the vendor.
All permits/licenses shall be conditioned on continued compliance with the provisions of the New York State Health Code where applicable as well as with the provisions of this chapter. Vendors are required to keep their space neat and clear of any obstacles, litter and debris. Upon completion of the event, the facilities must be left clean. No portion of a vendor's inventory, equipment, or any other structure or equipment shall be left overnight on the site.
No vendor or person shall:
A. 
Conduct himself or his business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant or to create or become a nuisance, or increase traffic congestion or delay, or constitute a hazard to traffic, life or property, or an obstruction to adequate access to fire, police, or sanitation vehicles;
B. 
Sell any goods, wares or merchandise on public roadways and sidewalks which have been or shall be hereafter so designated by the Board of Trustees of the Village of Speculator;
C. 
Sell food, drinks, ice cream or confections of any kind for immediate consumption unless he has available for public use his own litter receptacle, which shall be clearly marked and maintained for his patrons' use, nor shall any vendor leave any location without first picking up, removing and disposing of all trash or refuse remaining from sales made by him;
D. 
No glass beverage containers are allowed in the Village Park;
E. 
Set up, maintain or permit the use of any tables, crates, cartons, racks, devices or thing of any kind or description to increase the selling or display capacity of his stand, cart or vehicle without specific approval of the Village Board;
F. 
Sell any merchandise or any other article or thing whatsoever on any street where sidewalk sales are prohibited under any ordinances of this Village;
G. 
Sell alcohol; which, generally not permitted in any Village park, will only be considered and granted for events that have a licensed purveyor on premises and a certificate of insurance provided to the Village 15 days prior to the event;
H. 
Leave any stand, cart or vehicle unattended at any time or store, park, or leave same overnight on any Village property, roadway or sidewalk, nor park, store or leave any vehicle other than in a lawful parking place;
I. 
Possess or discharge weapons, firearms, or fireworks in any Village park;
J. 
Engage in the business of vending between 10:00 p.m. and 8:00 a.m.;
K. 
Sell any merchandise or any other article or thing whatsoever on any property owned or controlled by the Village of Speculator, or streets, unless permission has been expressly granted by the Village of Speculator Board of Trustees.
The civil penalty for violation of any provision of this chapter shall be i) verbal and written notice for first violation; ii) $250 for the second violation; and iii) $1,000 for the third and any subsequent violations. Each day of violation shall be deemed a separate offense.
No part of this section or this article itself shall be construed to be in amplification or derogation of the rights or responsibilities of abutting property owners. Any remedy, rights or obligations provided to such owners of property or their successors in interest under the law of Real Property or the Laws of the State of New York shall be in addition to the remedies, rights, obligations or penalties provided hereunder.
Each of the provisions of this chapter is severable, and if any provision is held invalid, the remaining provisions shall not be affected, but shall remain in full force and effect.