This chapter shall be known as the "Peddlers, Hawkers, Solicitors
and Mobile Food Vending Ordinance of the Town of Clarence."
It is the purpose of this chapter to promote the health, safety,
morals and general welfare of the inhabitants of the Town of Clarence
by the regulating and controlling of peddlers, hawkers, solicitors
and mobile food vendors conducting business in the Town of Clarence.
For the purpose of this chapter, the following words, as used
herein, shall be considered to have the meanings herein ascribed thereto:
ESTABLISHED PLACE OF BUSINESS
A building or store in which a person transacts business
and deals in goods, wares and merchandise he hawks, peddles, solicits
or vends.
HAWKER and PEDDLER
Except as hereinafter expressly provided, any person, either
principal, employee or agent, who, in any public street or public
place or in an open area on private property adjacent to a public
way or by going from house to house or place of business on foot or
from any animal or vehicle standing on a street, sells or barters,
offers for sale or solicits or carries or exposes for sale or barter
any goods, wares or merchandise or services, except as hereinafter
exempted.
MOBILE FOOD VEHICLE
A mobile food vehicle is self-contained, and where ready-to-eat
food is either prepared, cooked, wrapped, packaged, processed or portioned
for service, sale, or distribution. This shall include, but not be
limited to, vehicles, trailers, mobile grills and smokers.
PERSON
One or more persons of either sex, corporations, partnerships,
associations, joint-stock companies, societies and all other entities
of any kind.
SOLICITING
Includes any one or more of the following activities:
A.
Seeking to obtain orders for the purchase of goods, wares, merchandise,
foodstuffs or services of any kind, character or description whatever
for any kind of consideration whatever.
B.
Seeking to obtain prospective customers for application or purchase
of insurance of any type, kind or character.
C.
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers and every other type of publication.
D.
Seeking to obtain gifts or contributions of money, clothing
or any other valuable thing for the support or benefit of any charitable
or nonprofit association, organization or project.
No person shall barter, purchase and/or sell, peddle, hawk,
solicit or vend goods, wares, merchandise, food, food products, plants,
Christmas trees or services upon the streets, roads or public places
of the Town or by going from house to house soliciting purchases or
services or otherwise, and no person shall deliver or peddle advertising
matter or so-called "handbills" upon the streets, roads, highways
or public places of the Town or by going from house to house unless
a license shall first have been obtained from the Town Clerk therefor,
unless otherwise provided herein.
Every applicant for a license is required to submit to the Town
Planning and Zoning Office a written application supplying, under
oath, his/her name and also, if a firm, the name of the corporation
or company, his/her address, the age of the applicant, his/her telephone
number, the type of business to be conducted, the name of the products
or services offered to the public and other required information on
the application, such as his/her driver operator's license and
state registration of motor vehicle number and the year and make of
the vehicle.
All applicants for licenses under this chapter shall produce
proof satisfactory to the Town Clerk of good moral character and financial
responsibility and that such activity shall not endanger the safety
of users of any adjacent public highways. The Town of Clarence reserves
the right to conduct a background check of all individuals applying
for such license.
All applicants who shall be conducting activities described
in this chapter on privately owned property/premises shall produce
to the Town Planning and Zoning Office written approval, including
the expiration date of the approval, subscribed by the owner's
signature, and also a statement absolving the Town of Clarence from
all responsibilities and liabilities during the term of the license.
There shall be a five-business-day waiting period from the time
the completed application is received by the Town Planning and Zoning
Office until the time the license or permit is issued to the applicant.
For licenses requiring inspection by the Town of Clarence Building
Department, no such license shall be issued prior to the inspection
and authorization of the Inspector.
Upon receipt of the application, fire inspection report if applicable, and the license fee as required under §
147-13 and if reasonably satisfied with the applicant's qualifications, the Town Clerk may issue a license to the applicant specifying the particular business authorized and the location whereat it may be conducted. This license shall be nontransferable and shall be in the continued possession of the licensee while engaged in the business licensed.
Any person aggrieved by the action of the Town Clerk in the
denial of a license shall have the right to appeal to the Town Board
of Clarence. Such appeal shall be taken by filing with the Town Clerk
within 10 days after denial a written statement setting forth fully
the grounds for the appeal. The Town Clerk shall set a time and place
for the hearing of such appeal, reasonable notice of which shall be
given to the applicant. Notice of the hearing shall be given in writing,
setting forth specifically the grounds of complaint and the time and
place of hearing. Such notice shall be mailed, postage prepaid, to
the licensee at his last known address at least five days prior to
the date set for hearing. The decision of the Town Board on such appeal
shall be final and conclusive.
No peddler, hawker, solicitor or mobile food vending may place a sign or other display advertising merchandise or products upon any public place or right-of-way (ROW) in the Town or upon any private property, without required appropriate permit. Any signage associated with the activity shall be subject to review and approval, per Town Code, Chapter
181, Signs.
No licensee shall permit the following on the licensed premises:
B. Musical instruments, drums, sound-making devices or amplifiers played
or used in such manner as to be heard on any abutting and/or adjacent
residential property.
C. Activity or conduct in violation of any municipal, state or federal
laws or duly enacted ordinances or regulations.
D. For mobile food vending:
(1) Conduct business from a mobile food vehicle within the Town without
having first obtained a valid mobile food vendor permit for each mobile
food vehicle.
(2) Not abiding by the New York State Transportation Law and all applicable
parking, vehicle and traffic laws, ordinances, rules and regulations.
(3) To discharge liquid waste, fats, oils or grease on the land. Such
discharges shall be held in appropriate containers and then disposed
of in a legally permissible manner.
(4) To leave behind any refuse, garbage, waste, product or other such
material that was not on site prior to operation.
(5) Conduct operations from a site that contains a gasoline and/or automotive
service station.
(6) Selling alcohol and any Town, county, state or federal prohibited
substances at any location.
(7) Conducting business in or interfering with established fire lanes.
(8) Inhibiting the flow of traffic on all public and private roads, unless
granted permission (e.g., approved block parties).
Every violation by any person, firm, association or corporation
of any of the provisions of this chapter shall, upon conviction therefor,
subject such person, firm, association or corporation to a fine of
not more than $250 per day of violation or imprisonment for a period
not exceeding 15 days for each such offense, or by both such fine
and imprisonment. Every day or part thereof that such violation shall
continue shall be deemed to be a separate and distinct violation of
the provisions of this chapter.
This chapter shall be enforced by the Town of Clarence Building
Department and Planning and Zoning Office. Primary enforcement of
the mobile food vending regulations contained in this chapter shall
be the responsibility of the Town of Clarence Building Department.
Matters concerning the Vehicle and Traffic Law, the New York State
Transportation Law, illegal parking and trespassing shall be the responsibility
of a law enforcement agency.