[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.]
A.
APPLICANT
SOLICITOR/PEDDLER
TRANSIENT MERCHANT
TRANSIENT MERCHANT MARKET
VENDOR PUSHCART
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.
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.
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.
One who vends or sells, especially in streets or from a public
way, by use of a light cart or otherwise.
B.
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.
C.
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.
A.
The Village Clerk/Treasurer shall register the application
and issue a license if it is determined pursuant to procedures required
herein that:
B.
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:
A.
Section 99-7, Restrictions on operation; application for license, shall apply to the location and method of operation.
B.
Section 99-4, Security required, shall not be applicable to seasonal sale of local farm produce and products.
C.
The seasonal sale of local farm produce and local farm products shall
occur only within the period between May 1 and October 31.
D.
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.
E.
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.
G.
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.
H.
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.
A.
Transient merchants, transient merchant markers, solicitors,
peddlers and pushcart vendors:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
Shall not deceptively substitute any other article
for the article sold to the buyer.
(7)
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.
(8)
Shall produce for inspection, upon reasonable request,
the license as issued hereunder by the Village of South Glens Falls.
(9)
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.
B.
Application.
(1)
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:
(a)
The name of the applicant.
(b)
The federal employee identification number.
(c)
The New York State sales tax number.
(d)
Permanent home residence.
(e)
The name and address of the firm represented, if any.
(f)
The length of time for which the license is requested.
(g)
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.
(2)
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.
