[HISTORY: Adopted by the Town Board of the Town of Chenango 3-4-1991 by L.L. No. 1-1991.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peddling, vending and soliciting — See Ch. 52.
[1]
Editor's Note: This local law superseded former Ch. 66, Transient Merchants, adopted 6-20-1988 by L.L. No. 2-1988.
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.
A. 
No person shall engage in business as a transient merchant unless he shall first have obtained a license to do so from the Town Clerk no later than two business days before the first date of business.
B. 
The fee for a transient merchant's license shall be at the rate of $100 per day.
A. 
An application for a transient merchant's license shall provide the following information.
(1) 
The address of his place of residence.
(2) 
The firm or firms he represents, together with copies of documents establishing the firm's state or county, form of organization, ownership and qualifications to do business in the state, and the exact relationship between the firm and the transient merchant.
(3) 
A brief description of the nature of the business and the kind of goods or commodities he desires to sell.
(4) 
The hotel, room or other place where the applicant proposes to sell such merchandise, and the time during which said business is to be conducted.
B. 
Licenses hereunder shall state the place where business is to be conducted and the date of expiration of the term of such business pursuant to the license.
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.
A. 
The Zoning Ordinance of the Town of Chenango[1] shall apply to all licenses granted under this chapter.
[1]
Editor's Note: See Ch. 73, Zoning.
B. 
The Town reserves the right to revoke any license which violates this chapter.
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.