This chapter is enacted for the purpose of regulating the conduct and
business practices of transient merchants within the Town of Chenango.
As used in this chapter, the following terms shall have the meanings
indicated:
PERMANENT BUSINESS
Any business conducted for a period of more than 24 hours under a
fabric (such as a tent or tarp) or nonfabric cover (such as a building, truck,
car or van) or in an open space with the intent of establishing a permanent,
long-term, nontransient business. The holding of or lack of a rental or leasing
agreement of facilities and/or properties shall have no bearing upon the definition
of a "permanent business." The type of merchandise being offered for sale
will have no bearing on the designation. Inactivity of said business for three
months or more will require an updated site plan review.
[Added 4-15-1996 by L.L.
No. 2-1996]
PERSON
An individual, firm, partnership, corporation, voluntary association,
incorporated association and principal or agent thereof.
TRANSIENT BUSINESS
Any business conducted for a period of 24 hours or less under a fabric
(such as a tent or tarp) or nonfabric cover (such as a building, truck, car
or van) or in an open space without the intent of establishing a permanent,
long-term, nontransient business. The holding of or lack of a rental or leasing
agreement of facilities and/or properties shall have no bearing upon the definition
of a "transient business." The type of merchandise being offered for sale
will have no bearing on the designation.
[Amended 4-15-1996 by L.L.
No. 2-1996]
The purpose of this chapter is to assist the government of the Town
of Chenango, the management of its business, the preservation of good order
and the peace, health, safety and welfare of its inhabitants and the protection
and security of their property.
Nothing in this chapter shall be held to apply to any of the following:
A. Sales conducted pursuant to statute.
B. Sales conducted pursuant to the order by any court.
C. Any person selling personal property at wholesale to
dealers in such articles.
D. The sale of fruits and vegetables raised on the property
where being sold.
E. Any honorably discharged member of the United States
Armed Forces who has procured a license under Article 4 of the General Business
Law of the State of New York.
F. Persons soliciting, collecting or operating a sale on
behalf of any bona fide charitable, educational, scientific, health, religious,
patriotic or other organization of worthy cause deemed to be in the public
interest.
G. Any person selling personal property at a garage sale
held at his residence.
The owner, proprietor or manager of any hotel, motel, rooming house
or other place of public accommodation shall report within six hours after
renting, to the Town of Chenango Clerk's Office, the name of any person who
has rented a room or other space for the sale and display of merchandise of
a transient merchant, giving the location of the room so rented.
Any person violating the provisions of this chapter shall be guilty
of a misdemeanor as a disorderly person and, upon conviction thereof, shall
be fined not less than $50 nor more than $100 for each offense; and further
directed to obtain a license pursuant to this chapter, paying the appropriate
fee. Every day that a violation of this chapter shall continue shall constitute
a separate and distinct offense.