The purpose of this chapter is to regulate vending in order
to:
A. Promote the health, safety, and general welfare of the Village;
B. Provide standards for vending that enhance the downtown culture and
economy;
C. Protect and enhance Village property, streetscapes, and scenic views;
and
D. Preserve the historic character of the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
FACADE
A building's vertical surfaces, including all permanent
architectural details.
MERCHANDISE
The commodities or goods that are bought and sold or leased
in business.
MOTOR VEHICLE
Any conveyance, including, but not limited to, cars, trucks,
trailers, and RVs, that is required to be registered by the Department
of Motor Vehicles of any state or foreign country.
MUNCIPAL PARKING LOT
An area devoted to outdoor, off-street, motor vehicle storage
owned by or leased to the Village of Cooperstown.
OUTDOOR EATING AREA
An exterior space accessory to a restaurant, cafe, tavern,
or retail food establishment that provides tables and chairs or similar
equipment for outdoor table service or self-service dining.
PUBLIC SPACE
All municipally owned property, including parks, parking
lots, areas surrounding public buildings, and property within the
street right-of-way, including any roadways and sidewalks, which is
legally open to public use.
SERVICES
Intangibles offered for sale, including, but not limited
to, accounting, cleaning, beauty treatments, tutoring, touring, exercise
programs, or transportation.
SIDEWALK
All that area legally open to public use for pedestrian traffic,
whether publicly or privately owned, between the curbline and the
facade of the adjoining building.
SPECIAL VENDING EVENT
Any occasion approved by the Village of Cooperstown Board
of Trustees for which provisions are in place for vending on Village
streets, sidewalks, and municipal parking lots.
STREET
For the purposes of this chapter, all that area legally open
to public use for vehicular passage and parking.
STREET FURNITURE
Miscellaneous objects not directly related to vending or
an outdoor eating area that are placed in the right-of-way, including,
but not limited to, benches, trash receptacles, pet stations, flower
boxes and plant containers, lampposts and flagpoles, and other decorative
items.
TENT
A freestanding, temporary enclosure that is supported by
poles and serves the purpose of sheltering people or merchandise by
providing a covering of canvas, nylon, vinyl, or a similar material;
the sides of a tent may be open or closed.
VENDING
The act of displaying or offering merchandise or services
for sale or lease on public property; vending may involve a vending
stand or stationary vending conveyance.
VENDING CONVEYANCE
Any public or privately owned vehicle, whether or not mounted
on wheels, which provides a means of transporting vending merchandise
but remains stationary during vending, including, but not limited
to, a bicycle, motor vehicle, nonmotorized vehicle, handcart, pushcart,
or lunch wagon.
VENDING LOCATION
A specific site assigned by the Village Clerk upon which
a vending stand or conveyance may be situated and/or vending may take
place.
VENDING STAND
Any freestanding, nonmobile case, table, rack, tent, or other
device that is used for the purpose of displaying, exhibiting, storing,
sheltering, selling, or offering for sale or lease any vending merchandise
upon a sidewalk or other public space.
VENDOR
A person engaged in vending.
This section shall not apply to:
A. Persons conducting business activities that are exempt under New
York State law.
B. The holder of a permit granted pursuant to Article 4 of the General
Business Law.
C. The distribution of newspapers.
D. Yard or garage sales of used personal/household goods conducted wholly
on the owner's property and at least three feet from the property
line for not more than three days per event and not exceeding three
events per year.
E. Vending stands located on private property and used for the sale
of food/drink solely by individuals under 18 years of age.
F. The door-to-door solicitation by individuals under 18 years of age
to support educational, civic, sports, or other nonprofit organizations.
G. Exhibition/sale of agricultural or horticultural products.
H. The placement against a building facade of privately owned street
furniture available for use by the public, provided it does not impede
upon a five-foot-wide unobstructed pedestrian passageway, is maintained
by its owner, and is removed between November 1 and April 1. Street
furniture for seating is limited to two benches per frontage per business
establishment. A certificate of insurance naming the Village as an
additional insured is required if benches or other street furniture
are located on public property.
I. Restaurants with an outdoor eating area located entirely on private property or approved under Chapter
178 of the Village Code.
J. Fairs, exhibitions, or sales, including concessions, sponsored by
nonprofit service organizations, including, but not limited to, the
Fire Department, public schools, and religious organizations, of not
more than three days' duration, conducted on private property.
K. Commercial information displayed by the Cooperstown Area Chamber
of Commerce at the information booth/kiosk in Pioneer Park.
L. Walking tours that use Village parks, sidewalks, and/or rights-of-way
to convey architectural, historical, and/or folkloristic information
about the Village of Cooperstown, provided they do not inhibit vehicular
or pedestrian traffic.
No part of this chapter or the chapter itself shall be construed
to be an amplification or derogation of the rights or responsibilities
of property owners. Any remedies, rights, obligations, or penalties
provided to such property owners or their successors in interest hereunder
shall be in addition to the remedies, rights, obligations, or penalties
provided under the laws of the State of New York.