[HISTORY: Adopted by the Board of Trustees of the Village of South Glens Falls 11-19-2003 by L.L. No. 4-2003. Amendments noted where applicable.]
For the purposes of this chapter, the terms used herein are defined as follows:
- An individual, partnership, corporation, association, tenant and/or property owner requesting a peddler/solicitors license, transient merchant/transient merchant market license or vendor/pushcart license.
- A person, corporation, partnership, association or any other organization undertaking a commercial activity through the act of selling, offering for sale or soliciting orders for future sales of merchandise, works of art, meats, seafood, vegetables, fruit, other food products or goods of any kind, magazines, books, photos or educational books, by going from house to house and not by remaining stationary in any private or public place, motor vehicle or nonmotorized vehicle, for the purpose of making or soliciting sales or demonstrating or making estimates of services to the general public.
- TRANSIENT MERCHANT
- A retail or wholesale business conducted in a building, temporary structure or tent; from a truck, van or trailer; on a parking lot or vacant parcel of land; on a part of a public right-of-way, or in any other place for a temporary period of time. The type of merchandise being offered for sale will have no bearing on the designation.
- TRANSIENT MERCHANT MARKET
- Being any gathering or group of two or more transient merchants and/or peddlers/solicitors upon any lands, structures or facilities within the Village of South Glens Falls.
- VENDOR PUSHCART
- One who vends or sells, especially in streets or from a public way, by use of a light cart or otherwise.
This chapter shall not apply to any person having an established place for the transaction of business within the Village of South Glens Falls, nor to persons soliciting, collecting or selling goods on behalf of any bona fide, not-for-profit corporation or charitable organization, nor to the exhibiting or demonstrating of goods in an indoor trade show.
This chapter shall not apply to any person or entity engaged in, nor is it intended to restrict or limit in any way, noncommercial solicitation as may be constituted by religious proselytizing, political speech or the distribution of noncommercial handbills.
Every person who engages in business as a transient merchant, transient merchant market or a peddler/solicitor, as defined herein, is hereby required to apply for and procure a license, to be issued by the Village of South Glens Falls, for the purpose of conducting such business at least seven days prior to commencing operations within the Village of South Glens Falls.
License fees shall be as follows:
Before any license authorized herein shall be issued, the applicant shall file with the Village Clerk/Treasurer proof of a bond executed by a surety company or insurance company licensed to do business in the State of New York in the sum of $10,000 or the cash equivalent. Cash funds shall be held by the Town Clerk/Treasurer for a period of one year from the expiration of the license. Interest earned shall remain the property of the applicant. The cash funds or surety bond shall be considered security to satisfy any money judgment obtained in any judicial proceeding for damages incurred by any person who shall make a claim as against the applicant as result of any false, fraudulent or unlawful sales practices by any applicants licensed hereunder.
The Village Clerk/Treasurer shall register the application and issue a license if it is determined pursuant to procedures required herein that:
Issuance of such license, in accordance with this section, shall allow the licensee to conduct business in the Village of South Glens Falls in accordance with the terms and provisions hereof for the period of the license. The Village Clerk/Treasurer shall maintain an accurate record of every application received and acted upon, together with all other information and data pertaining to the application, enumerating all licenses issued or applications denied.
Before any nonresident individual, partnership, company or corporation of the State of New York shall obtain a license issued hereunder, proof of authorization of the Secretary of State to do business in the State of New York with provisions to receive service of process pursuant to state statute must be filed with the Village Clerk/Treasurer.
[Added 11-3-2010 by L.L. No. 1-2010]
Notwithstanding the application of Chapter 99 as it may pertain to any solicitor/peddler, transient merchant, transient merchant market or vendor pushcart, a resident individual, partnership, company or corporation authorized to do business in the State of New York shall be permitted to situate, operate and maintain a temporary place for the seasonal sale of local farm produce and local farm products (intending to mean fruits, vegetables, maple products, honey) within the Village in the Commercial (C-1) zoning district where retail sales are otherwise permitted under the following circumstances:
Section 99-7, Restrictions on operation; application for license, shall apply to the location and method of operation.
Section 99-4, Security required, shall not be applicable to seasonal sale of local farm produce and products.
The seasonal sale of local farm produce and local farm products shall occur only within the period between May 1 and October 31.
The operator shall register with the Village Clerk/Treasurer by paying a fee established by resolution of the Village Board of Trustees. A fee shall be due for each single location covering the entire season. The Village Clerk/Treasurer shall provide a permit to the operator as evidence of permission granted pursuant to this section, and said permit shall be publicly displayed at the site. One permit shall be required for each location.
An operator who shall offer mixed inventory for sale, such as items that are not considered local farm produce or local farm products along with the sale of local farm produce and local farm products, shall not be eligible for a permit under this special provision.
This section is not intended to regulate nor impair the rights of any not-for-profit organization to engage in fundraising activities involving the sale of baked goods, crafts, produce, seasonal evergreens, book sales, etc.
This section shall not apply in such cases where the municipality shall authorize a group farmers' market on Village property as such activity is otherwise allowed and provided for by contract.
Transient merchants, transient merchant markers, solicitors, peddlers and pushcart vendors:
Shall not use any public streets, sidewalks or public places as a location for any vehicle or device in, upon or by which any person or property is or may be transported or drawn, and which vehicle or device is used for the conduct of their business operation.
Shall not stand on any public streets, sidewalks or public places so as to obstruct access to or egress from such location, nor impede the free flow of vehicular and pedestrian traffic.
Shall not cry out, hawk or make loud noises on any public streets, sidewalks or public places for purposes of selling any provisions or merchandise.
Shall not falsely or fraudulently misrepresent the quality, character or quantity of any articles offered for sale, nor falsely or fraudulently represent the services to be rendered or costs thereof to be bid upon, nor offer for sale unwholesome, tainted or diseased provisions or merchandise.
Shall be in violation of this chapter as committing fraud hereunder if the item sold does not materially conform to any samples or models demonstrated or brochures or pamphlets given to a prospective customer as to size, material, use, application and quality of workmanship.
Shall not deceptively substitute any other article for the article sold to the buyer.
Shall identify themselves as a salesperson upon approaching a customer in a public place or at a private dwelling and explain his purpose, whether it be direct sales, solicitation of orders or the demonstration of goods and merchandise or any combination of purposes thereof.
Shall produce for inspection, upon reasonable request, the license as issued hereunder by the Village of South Glens Falls.
Shall, if making provision for sale of food or beverages, conduct all activities in compliance with the New York State Department of Health requirements of the Bureau of Community of Sanitation and Food Protection set forth and entitled "Mobile Food Service Establishments and Food Carts," Chapter One, State Sanitary Code Subparts 14-4 and 14-2 as provided by New York State Public Health Law, § 225, and all subsequent regulatory amendments thereto.
Every applicant for a license is required to file with the Village Clerk/Treasurer a written application, under oath, containing the following information and material:
The name of the applicant.
The federal employee identification number.
The New York State sales tax number.
Permanent home residence.
The name and address of the firm represented, if any.
The length of time for which the license is requested.
A description of the goods, wares, commodities or services to be offered for sale. Included shall be the brand name, manufacturer and distributor of goods and commodities, and the name, publisher and distributor of all books, magazines or periodicals to be offered for sale.
The application shall include written authorization from the principal or the firm that the applicant purports to represent.
Each violation of this chapter or of any regulation, order or rule promulgated thereunder shall be punishable by a fine not exceeding $500 for each offense, and each day a violation continues shall constitute a separate offense. In addition to such fine, any person found in violation hereof shall be subject to a term of imprisonment not exceeding 15 days, or to both a fine and imprisonment.
All prior ordinances, local laws or resolutions or parts of ordinances, local laws or resolutions of the Village of South Glens Falls existing on the date of enactment hereof, and constituting the prior Chapter 99, Peddling and Soliciting, are hereby repealed.
This chapter shall be effective immediately upon enactment as provided by law.