[Adopted 7-8-1992, approved 7-9-1992]
The purpose of the article is to prevent dishonest business
practices by providing for the registration and regulation of the
conduct of peddlers. Inasmuch as the primary purposes of the public
streets, sidewalks and other public ways is for use by vehicular and
pedestrian traffic, reasonable regulation of peddling on public ways
is necessary to protect the public health, safety and welfare of the
City and its inhabitants. Therefore, this article is meant as an expression
of the police power of the City and is established for the public
health, safety and welfare of the City and its inhabitants.
[Amended 11-26-2013,
approved 11-27-2013]
As used in this article, the following words shall have the
meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A building or store in which or where business is transacted
dealing in goods, wares and merchandise, on a regular, continuing,
ongoing basis.
FOOD
Any raw, cooked or processed edible substances, beverages,
ingredients, ice or water used or intended for use or for sale in
whole or in part for human consumption.
FOOD VENDING BUSINESS
The business of selling or offering food for sale at retail
in a public space engaged in by a food vendor.
FOOD VENDOR
A person who hawks, peddles, sells or offers food for sale
at retail in any public space.
ITINERANT VENDOR
A person or entity who or which sells goods, wares, food
or merchandise at a special event from various locations on public
streets or sidewalks in the City or in a City park.
MOTOR VEHICLE
Any vehicle used for the displaying, storing, preparing and
cooking or transporting of articles for sale, by a peddler or food
vendor which is required to be licensed and registered by the State
Department of Motor Vehicles. The term is to include trailers, trucks,
automobiles and motorcycles.
PEDDLER
Any person, either principal or agent, who in any public
way, or by traveling from house to house or established place of business
to established place of business, on foot or on or from any animal,
bicycle, boat or motor vehicle, sells or barters, offers for sale
or barter or exposes for sale or barter any goods, wares or merchandise.
PUBLIC WAY
All areas legally open to public use, including but not limited
to public streets, sidewalks, roadways, highways, parkways and alleys.
PUSHCART
Any wheeled vehicle or device used by a food vendor, other
than a motor vehicle or trailer, which may be moved with or without
the assistance of a motor and which does not require registration
by the department of motor vehicles.
SPECIAL EVENT
Any occasion, including but not limited to fairs, shows,
exhibitions, City-wide celebrations, and festivals, taking place within
a specifically defined area of the City for a period of time not to
exceed three days.
STAND
Any table, bench, booth, rack, handcart, pushcart, bicycle
or any other fixture or device which is not required to be licensed
and registered by the state department of motor vehicles, and is used
for the display, storage, preparation or transportation of articles,
offered for sale by a peddler or food vendor.
VEND
To hawk, peddle, sell or offer to sell food at retail in
a public space, delivered immediately upon consummation of purchase.
[Amended 11-26-2013,
approved 11-27-2013]
It shall be unlawful for any person to engage in the business of peddler or food vendor, as defined in §
194-2 of this article, within the City of Mount Vernon without having in force a license therefor as herein provided.
Nothing contained in this article shall be deemed to apply to
any of the following:
A. A sale conducted pursuant to order of any court.
B. The peddling of meats, fish, fruit and farm produce by farmers and
persons who produce such commodities on their own land, provided that
they have otherwise complied with any licensing and health and safety
requirements of any other competent governmental body or agency and
the sale takes place from a stationary location owned or leased by
the seller.
C. Any person selling newspapers or periodicals or distributing free
samples from his or her person.
D. The activities of a religious organization governed by Article III
of this chapter.
[Amended 11-26-2013,
approved 11-27-2013]
All renewal applications shall be processed as new applications.
The City Clerk shall review each application for renewal to determine
that the applicant is in full compliance with the provisions of this
article. If the City Clerk finds that the application meets the above
requirements, the City Clerk shall issue a new license pursuant to
the provisions of this article.
[Amended 6-26-2002, approved 6-27-2002; 11-26-2013, approved 11-27-2013]
The City Clerk shall collect the following peddling and food
vending application or renewal fees:
A. For each license to any person to peddle goods, wares or merchandise
or to any person who is in the food vending business when using or
employing a motor vehicle or pushcart: the sum of $600 per year.
B. For each license to any person to peddle goods, wares or merchandise
when using or employing a stand or carrying his or her merchandise:
the sum of $250 per year.
C. For each license for an itinerant vendor who sells goods, wares,
food or merchandise: the sum of $225.
Any person aggrieved by the decision of the City Clerk in regard to the denial of application for a license as provided for in §
194-7 of this article or in connection with the suspension or revocation of a license as provided for in §
194-12 of this article shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk a written statement of appeal setting forth the grounds for the appeal within 14 days after the notice of decision by the City Clerk has been mailed to such person's last known address as indicated on the application or license. The City Council shall set the time and place for a hearing on such appeal to be held no later than 30 days after the written statement of appeal is filed with the City Clerk, and notice of such hearing shall be given to such person no later than 10 days prior to the hearing date. The City Council shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the determination of the City Clerk should not be upheld. At the conclusion of the hearing, the City Council shall make a final and conclusive decision. This decision shall be immediately appealable to a court of competent jurisdiction.
Any license issued pursuant to this article shall automatically
expire on the first day of May next following the date of its issuance.
The City Clerk, in accordance with the laws of the State of
New York, shall keep an accurate record of all licenses issued pursuant
to this article.
It shall be the duty of any police officer or Code Enforcement
Officer of the City of Mount Vernon to require any person seen peddling
who is not known by such officer to be duly licensed to produce the
appropriate identification and to enforce the provisions of this article
against any person found to be violating the same.
All ordinances, laws or parts of ordinances or laws in conflict
with this article are hereby repealed.
The provisions of this article are declared to be severable,
and if any section, sentence, clause or phrase of this article shall
for any reason be held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining sections, sentences, clauses and phrases
of this article, but they shall remain in effect, it being the legislative
intent that this article shall stand notwithstanding the invalidity
of any part.
[Adopted 12-10-1969 as Ch. 4-A of the General Ordinances, approved 12-11-1969]
It shall be unlawful for any person to enter upon private residential property in the City of Mount Vernon without prior consent of the occupant for the purpose of canvassing, vending or soliciting orders for any merchandise, device, books, periodical or printed matter whatsoever: or for the purpose of soliciting alms, or for a subscription or contribution to any church, charitable or public institution whatsoever; or for the purpose of distributing any handbills, pamphlets, tract, notice or advertising matter, except where expressly provided for in Chapter
145 of the Code of the City of Mount Vernon; or for the purpose of selling or distributing any ticket or chance whatsoever, without first having obtained a license from the office of the City Clerk and without the prior consent of the occupant of the premises, except that no license shall be required:
A. Of any holder of a license granted pursuant to §
32 of the General Business Law.
B. For the soliciting of orders for, or the vending or offering for
sale of, meats, fish, fruit or farm products by farmers or other persons
who produce the same.
C. Of any person who has been a bona fide resident of the City of Mount
Vernon for at least six months last past, or of any person who has
maintained a place of business in the City of Mount Vernon for at
least six months prior thereto, or his duly authorized representative.
[Amended 4-13-1989; approved 4-13-1989]
Each application for a license required by this article shall
be accompanied by a photograph, in duplicate, in passport size, and
also the fingerprints of both hands of the person applying for the
license and of each assistant and employee who shall be so engaged
within the City. If the applicant be a corporation, such photograph
and fingerprints of each agent or employee who shall be so engaged
within the City shall be submitted with the application. The fingerprints
shall be placed upon cards provided by the Commissioner of Public
Safety and shall be taken under his/her supervision by a senior police
officer, and at such a place as the Commissioner shall designate.
The Commissioner of Public Safety shall have the authority to submit
the fingerprints of the applicant, together with the required fees,
to the Division of Criminal Justice Services or other appropriate
agency for processing and investigation. No application for a soliciting
license shall be approved nor any license issued under the provisions
of this article until after the commanding officer of the Bureau of
Criminal Identification in the Department of Public Safety has reviewed
and examined the criminal history record information disseminated
by the Division of Criminal Justice Services. No license shall be
granted to any applicant who has been convicted of any felony or any
misdemeanor involving violence, dishonesty or deceit.
[Amended 9-26-2012, approved 9-27-2012]
If the applicant satisfactorily meets the foregoing requirements
for the issuance of a license required by this article, the City Clerk
shall issue to the applicant a license upon the payment of a fee of
$200 for a term of one year.
[Amended 9-26-2012, approved 9-27-2012]
The City Clerk shall also issue to each person receiving a license
a pocket card containing the photograph of the licensee, assistant
or employee, as the case may be, the name and residence address of
such licensee, assistant or employee and the name of the employer
licensed hereunder, if any, and bearing the notation that such card
is a license to canvass, vend or solicit and an imprint of the Official
Seal of the City of Mount Vernon affixed thereto. The City Clerk shall
be required to collect from each person to whom such card is so issued
the sum of $5.
No person shall canvass, vend or solicit under a license issued
pursuant to this article except during the hours from 9:00 a.m. to
6:00 p.m. on Monday through Saturday of each week, other than legal
holidays.
Should an owner, tenant or manager of private property display
a sign prohibiting canvassing or soliciting, the permit granted hereunder
shall not authorize the permittee to enter upon such property. Further,
no permittee should engage in any unconsented touching of another
person or interfere with the pedestrian or vehicular traffic flow
while conducting his or her solicitation. Disregard of such prohibitions
shall result in revocation of the permit.
Any person who shall violate, neglect or refuse to comply with
any of the provisions of this article shall, upon conviction thereof,
be punished by a fine of not exceeding $250 or by imprisonment not
exceeding 15 days, or both.
Should some or any one provision under this article be held
unconstitutional by a court, nothing herein shall affect the validity
of the remaining provisions.