[HISTORY: Adopted by the Board of Trustees of the Village of Pittsford 3-14-1989 as Ch. 134 of the 1989 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- TRANSIENT BUSINESS
- One conducted in a store, hotel, house, building, motor vehicle, tent, railroad boxcar or boat or on any street, alley or other place for the sale of goods, wares, or merchandise and which is intended to be conducted for a temporary period of time and not permanently. If the place in which the business is conducted is rented or leased for a period of six months or less, such fact shall be presumptive evidence that the business named or carried on therein is a "transient business."
This chapter shall not apply to door-to-door sales by civic groups, churches, Girl or Boy Scouts, Rotary Clubs, Lions Clubs, Kiwanis and like civic-minded groups. Further, the provisions of this chapter shall not apply to persons who sell Avon products, Tupperware, Mary Kay Cosmetics and like groups that conduct sales of wares in residences with permission of the owner thereof.
It shall be unlawful for any person, firm or corporation to conduct or operate or permit to be conducted or operated a transient business within the Village of Pittsford without first obtaining a license from the Village Clerk/Treasurer of the Village of Pittsford. All licenses shall be nontransferable. The transient merchant shall exhibit the same at any time upon demand by the Village Clerk/Treasurer, Enforcement Officer or any other officer of the village designated by the Mayor or a member of the Village Board.
The fee for the license required by this chapter shall be as determined by the Village of Pittsford Board of Trustees.
Any vendor carrying, keeping or using scales, measures or other appliances for weighing or measuring shall first have the same inspected by the County Sealer of Weights and Measures, and if the latter shall find such appliances correct and true, he shall issue his certificate to that effect, and such certificate shall be affixed thereto in a conspicuous place. A vendor shall not carry, keep for use or use any such appliances which shall not be correct and true and do not give a record and give the weight and quantity claimed by said vendor.
Pursuant to the authority granted by § 85-a of the General Municipal Law, a tax is hereby levied upon all persons now conducting or who may hereafter conduct a transient business within the village.
The tax imposed pursuant to this chapter herein shall be based upon the gross amount of sales by the transient merchant and shall be at the same rate as real property is taxed for the year in the village; provided, however, that if at the time such tax becomes due and payable the tax rate for the current year of the village has not been fixed, the same shall be the rate for the immediately prior year.
No person shall conduct a transient business within the village until he shall have obtained a license, in writing, to conduct such business from the Village Clerk/Treasurer and shall have deposited with the Village Clerk/Treasurer the sum of $500 in cash as security for the payment of the tax imposed by this chapter. Upon the filing with the Village Clerk/Treasurer of satisfactory proof that the business so making such deposit has discontinued such transient business, the Village Clerk/Treasurer shall return said cash deposit or so much thereof as shall remain in the Village Clerk/Treasurer's hands after deducting all sums due the village under the provisions of this chapter. In the event that reports are not filed, such deposit shall be forfeited, and no further license shall be issued to the applicant until said reports are filed.
The application for the license shall include a statement verified by the person or persons who are to conduct such transient business and, if a corporation, by the president and treasurer thereof, containing the following information:
The full name and address of each of such persons and, if a corporation, the state under the laws of which it is organized, the exact location of its principal office and place of business and the names and addresses of its officers.
The exact location and nature of the business engaged in by such persons during the five years immediately preceding the filing of such statement and, in the case of a corporation organized less than five years, since its organization.
The exact location within the village where such transient business is to be conducted.
The date on which such person intends to begin doing such business within the village.
The sales tax number issued to the applicant by the New York State Department of Taxation and Finance.
Upon the filing of the statement required herein, the Village Clerk/Treasurer shall immediately cause an investigation to be made of the parties named in such statement, along with the merchandise; and after such examination, the Village Clerk/Treasurer may refuse to issue a license to conduct such business if, in the judgment of the Village Clerk/Treasurer, the public interest so requires.
No person shall conduct a transient business within the village at any place other than that named in the statement filed in the office of the Village Clerk/Treasurer pursuant to § 189-9 herein.
In the event that any person fails to begin the conduct of any transient business at the place specified in the statement filed pursuant to § 189-9 within 90 days after the filing of such statement, such person shall not thereafter conduct any such transient business within the village until a new license application, duly verified and containing the information set forth in said section, and a new security deposit have been filed with the Village Clerk/Treasurer and a new license has been issued.
The Village Clerk/Treasurer or any officer of the village designated by the Mayor for such purpose shall have the power and authority to enter any store or building, structure or location in which a transient business may be carried on at any time during business hours for the purpose of ascertaining the amount of stock or merchandise therein or sales made and shall at all times have access to the books of such transient merchant.
Every person conducting such transient business shall, on Monday of each week, present or mail to the Village Clerk/Treasurer at the village office a verified statement showing the total sales made during the preceding week and the amount of stock or merchandise in his possession for sale at the closing of business on the preceding Saturday and shall pay on Monday of each week, in person or by mail, to the Village Clerk/Treasurer the amount of tax as hereinbefore provided for sales made during said previous week.
A transient merchant shall not conduct activities in such a manner as will interfere with a pedestrian or vehicular use of the public streets and places; nor shall he directly or indirectly cause or permit the public streets and places to be littered with papers, wrappings or other debris or refuse; nor shall he enter in or upon any house or building or on any land or property where there is posted on the front of the building or premises a written notice stating that vendors are not desired, unless the vendor has received the prior consent of the occupant thereof; and he shall make no false statements or representations in the course of his activities and shall conduct himself at all times in an orderly and lawful manner; nor shall he use or blow upon or ring or sound any instrument or thing or shout or cry out for the purpose of attracting attention to his wares or giving notice of his approach; nor shall he sell any confectionery or ice cream within 250 feet of any school property between the hours of 8:00 a.m. and 4:00 p.m. on any school days.
Criminal penalty. Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both.
Civil penalties; construal.
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed as well as by prosecution of the offender as provided in Subsection A of this section or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter.
Neither a judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this chapter nor a judgment in or the pendency of a civil action of law or in equity shall be a bar to the other form of proceeding.
The imposition of a penalty for a violation of this chapter shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.
The purpose of this chapter is to assist in the government of the village, the management of the business, the preservation of good and order and the peace, health, safety and welfare of its inhabitants and the protection and the security of their property.