[HISTORY: Adopted by the Town Board of the Town of West Seneca 5-6-1974; amended in its entirety 11-9-2015 by L.L. No. 13-2015.[1] Subsequent amendments noted where applicable.]
The purpose of this chapter is to promote and protect the health,
safety and general welfare of the community, and to preserve and protect
the property of the Town of West Seneca and its residents.
The following words and phrases shall have the meanings set
forth unless the context of their use clearly indicates otherwise:
Any person by or for whom an application is made under this
chapter.
Any benevolent, philanthropic, patriotic, military veterans,
not-for-profit, educational or religious association, society or other
organization or any other association, society or organization qualified
as a tax-exempt organization under Section 501 of the Internal Revenue
Code.
Any governmental entity or organization, including, without
limitation, a school district, fire district and fire company.
A self-contained mobile food unit in which ready-to-eat food
is prepared, cooked, wrapped, packaged, processed or portioned for
service, sale, or distribution.
The owner or owner's agent of a mobile food vehicle.
A person who engages in peddling.
Selling or offering for sale, barter or exchange any property
or service, either for immediate or future delivery or performance
upon any street, road or highway or from house to house in the Town,
and including, without limitation, activities commonly known as "hawking."
Peddling shall not apply to the selling and offering for sale
of bread or bakery products, milk or milk products, ice cream or ice
cream products, daily, weekly or other papers within the Town or the
selling of real estate by real estate agents licensed in the State
of New York or insurance by insurance agents or brokers licensed under
the insurance laws of the State of New York.
A natural person, corporation, limited liability company,
partnership, association, joint venture, society or other organization
or association of any kind, whether acting as principal, agent, employer
or employee.
Any goods, wares, merchandise or other article or thing of
every kind or nature except newspapers.
Seeking, taking or offering contracts or orders for any property
for future sale or delivery or performance of any service upon any
street, road or highway or from house to house in the Town.
Seeking or taking subscriptions or contributions of money or
property, upon any street, road or highway or from house to house
in the Town.
A person who engages in soliciting.
The Town of West Seneca.
A retail or wholesale business, other than a mobile food
vehicle vendor (as regulated separately in this chapter), conducted
from a temporary structure or tent, truck, van or trailer, stand,
parking lot or vacant parcel of land, in a public right-of-way or
in or on any other place in the Town, but not 1) outdoor sales of
property or services accessory to a business conducted within a permanent
structure on a same premises or 2) the sale of food products raised
or produced on the same premises from a temporary or seasonal stand,
provided that the principal structure or activities otherwise comply
with the Zoning Ordinance and other ordinances of the Town.
A.
No person shall engage in peddling, soliciting, mobile food vehicle
vending or a transient business without first obtaining a permit or
registering or both as required by this chapter.
B.
No motor vehicle shall be used for peddling, mobile food vehicle
vending or conducting a transient business unless a permit shall first
have been obtained, which permit shall at all times be displayed in
a conspicuous location that is visible from the outside of the vehicle.
No permit under this chapter shall be required:
A.
By
any charitable organization or its agents or employees or veterans
licensed pursuant to General Business Law § 32.
B.
By
any business, service or activity licensed under any other ordinance
or law of the Town of West Seneca.
C.
For
lawn cutting, leaf raking and snow shoveling services for residential
property.
D.
By
political parties and candidates for public office.
E.
For peddlers and solicitors not over 16 years old.
[Amended 6-20-2016 by L.L. No. 9-2016]
No peddling, soliciting or transient business activities shall
be conducted before 9:00 a.m., or after the earlier of 7:00 p.m. or
dusk. Mobile food vending shall not be conducted before 7:00 a.m.
or after 11:00 p.m.
A.
Any person desiring a license under this chapter shall first register
with the Town Clerk of the Town of West Seneca and shall file with
said Town Clerk an application, in writing, containing the following
information:
(1)
The name, home address and local address, if any, of the applicant.
(2)
A physical description of the applicant, giving date of birth, height,
weight and color of hair and eyes. A photograph may be required.
(3)
The name and address of the person, if any, by whom the applicant
is employed and for whom or through whom orders are to be solicited,
cleared, filled and delivered.
(4)
A description of the business or activity in which the applicant
intends to engage and of the nature of any property or services involved.
(5)
For peddlers or solicitors, a list of crimes for which the applicant
has been arrested or convicted, including the dates and places.
(6)
A statement as to the period of time during which the applicant intends
to engage in the business or activity regulated under this chapter,
not to exceed one year.
(7)
Proof that the applicant, or his or her employer or principal, is
registered for sales tax purposes, if the business or activity to
be conducted is subject to sales or use tax.
(8)
A description of any motor vehicle that will be used for pickup or
delivery of property or for the purpose of bringing any such property
into the Town for peddling, soliciting or transient business purposes,
or from which a transient business will be conducted, to include the
name of manufacturer, year, type of vehicle, vehicle identification
number, registration plate number, title holder and name of the person
other than the title holder to whom the vehicle is registered, if
any.
(9)
The location where a transient business or mobile food vending operation
is to be conducted, if known.
(10)
Further information required by the Town Clerk, the Police Department
or the Code Enforcement Office.
B.
The application shall be signed by the applicant and sworn to before
a notary public or other officer authorized to administer oaths.
C.
If mobile food vending or a transient business is to be conducted
on private property, the written consent of the property owner, if
other than the applicant, shall be filed with the application or shall
be prominently displayed on the mobile food vending vehicle or at
the transient business site.
A.
For
peddling or soliciting permit applications, the Town Clerk shall forward
a copy of the application to the Police Department. The Police Department
shall, to the extent possible, determine whether or not the applicant
has accurately reported convictions.
B.
A
copy of any application for a transient business or mobile food vendor
shall be forwarded to the Code Enforcement Office. The Code Enforcement
Office shall, to the extent possible, determine whether or not the
equipment or vehicle presents a danger to the health, safety and general
welfare of the community, including preservation and protection of
the property of the Town and its residents.
C.
The Police Department and Code Enforcement Office shall report the
results of their investigations of applications to the Town Clerk
within 10 business days of the receipt of the copy. The Police Department
and Code Enforcement Office, in their sole discretion, may recommend
denial of a permit should their investigation yield results which
indicate the applicant misrepresented his or her conviction record
or the equipment or vehicle presents a danger. A denial shall be provided
the applicant in writing, specifically setting forth the grounds for
denial.
D.
After receiving a determination from the Police Department and the
Code Enforcement Office, the Town Clerk shall thereupon signify approval
or rejection on the reverse side of the application. If approved,
the Town Clerk shall issue the license to such applicant. To such
license shall be affixed one photograph of the applicant, identified
by the applicant's signature, which shall, in part, cover said
photograph.
[Amended 6-20-2016 by L.L. No. 9-2016]
The following fees shall be paid to the Town Clerk with an application
for a permit:
|
Type of Permit
|
Fee
|
|---|---|
|
Peddler's or solicitor's permit
|
$75 per month
|
|
Transient business permit
|
$50
|
|
Mobile food vehicle vendor permit
|
$50 for the first vehicle
|
|
$25 for each additional vehicle
| |
|
$25 for permit renewals in accordance with § 87-9
|
A.
After
receipt of reports from the Police Department and Code Enforcement
Office, when required, the Town Clerk shall issue the permit requested
unless denied.
B.
Solicitor's,
peddler's or transient business permits issued pursuant to this
chapter automatically expire 30 days after issuance.
[Amended 6-20-2016 by L.L. No. 9-2016]
C.
Mobile food vendor permits shall automatically expire one year after the date of issuance. A mobile food vendor permit may be renewed within 30 days of expiration. Renewals shall be subject to investigation as set forth in § 87-7.
D.
Permits issued under this chapter shall not be transferable.
E.
A permit issued pursuant to this chapter may be revoked if, following
its issuance, the Police Department and Code Enforcement Office, in
their sole discretion, determine the applicant misrepresented his
or her conviction record or the equipment or vehicle presents a danger.
A revocation shall be provided the applicant in writing, specifically
setting forth the grounds for denial.
F.
A transient business permit shall be limited to a single location.
If the location is in a public right-of-way, it must be approved by
the state, county or Town authority having jurisdiction. If the location
is not in a public right-of-way, it must be approved by the Building
Department.
G.
For mobile food vendors:
(1)
It shall be unlawful to conduct business from a mobile food vehicle
within a public right-of-way or on private property within the Town
without having first obtained a valid mobile food vendor permit for
each mobile food vehicle.
(2)
It shall be unlawful for a mobile food vendor to conduct business
in a location within 100 feet of the primary entrance of an establishment
that is open to the public and where ready-to-eat food is prepared,
cooked, wrapped, packaged, processed or portioned for service, sale,
or distribution. This requirement shall be waived if permission for
the mobile food vending operation is obtained from the owner of the
property that contains the establishment where ready-to-eat food is
prepared, cooked, wrapped, packaged, processed or portioned for service,
sale or distribution.
(3)
Within nonresidential zoning districts, it shall be unlawful for
a mobile food vendor to conduct business at a single location within
a public right-of-way for a duration exceeding three hours. Within
residential zoning districts, it shall be unlawful for a mobile food
vendor to conduct business within a public right-of-way except for
mobile food vehicles that operate for less than 20 minutes at a single
location or that operate within an area where a block party is being
conducted.
(4)
At all times, mobile food vendors must abide by the New York State
Transportation Law and all applicable parking, vehicle and traffic
laws, ordinances, rules and regulations.
(5)
All signage associated with a mobile food vendor must be permanently
affixed to the mobile food vehicle. No accessory signage shall be
placed outside or around the mobile food vehicle.
(6)
All mobile food vendors must provide trash receptacles of sufficient
capacity to contain all trash and waste generated in association with
the business of the mobile food vendor. All waste and trash shall
be placed in the trash receptacles. All trash, waste, litter and debris
shall be removed from the site of the vending operation at the end
of each daily operation.
(7)
It shall be unlawful to discharge liquid waste, fats, oils or grease
on the land. Such discharges shall be held in appropriate containers
and then disposed of in a legally permissible manner.
(8)
Mobile food vendors shall not conduct operations from a site that
contains a gasoline service.
(9)
Each mobile food vehicle shall be inspected annually by the Code
Enforcement Office for firesafety code compliance.
(10)
All required permits shall be posted conspicuously on the mobile
food vehicle.
(11)
Each mobile food vehicle shall be registered as a commercial vehicle
with the New York State Department of Motor Vehicles.
(12)
When parked on a public or private right-of-way, products shall not
be dispensed from the street side of the mobile food vehicle.
(13)
When parked on a public or private right-of-way, a mobile food vehicle
shall not be parked within 60 feet of an intersection with another
public or private right-of-way boundary.
A.
No person shall use private real property for any activity requiring
a permit under this chapter without the written consent of the owner.
B.
No person regulated by this chapter shall hawk or cry property, offers,
contracts or services upon any location in the Town, or use any loudspeaker,
horn or other sound-making device.
C.
No person holding a permit under this chapter shall engage in any
activity regulated hereunder unless he or she has the permit on his
or her person or, as it pertains to a mobile food vendor, on the mobile
food vehicle.
A.
The owner or occupant of a residential building may post a notice
prohibiting peddlers and solicitors. The notice shall be placed in
a conspicuous place adjacent to the entrance door of the building.
The letters of the notice shall be at least 1/2 inch in height and
shall contain a statement saying in substance that "peddlers or solicitors
are prohibited." No person shall engage in any activity regulated
by this chapter by attempting to enter a building or ringing a doorbell
or knocking on an entrance door to any residence building at which
entrance such a notice has been posted.
B.
Any person engaged in an activity regulated under this chapter, whether
that person is exempt or not, who has entered upon private property,
whether invited or not, shall immediately and peacefully depart therefrom
when requested to do so by any occupant.
Any person who violates any provision of this chapter shall
be guilty of a violation. Each violation shall be punishable by a
fine not to exceed $250 or by imprisonment for a period not to exceed
15 days, or both.
This chapter shall be enforced by the Police Department and
the Code Enforcement Office of the Town of West Seneca. Primary enforcement
of the mobile food vending regulations contained in this chapter shall
be the responsibility of the Code Enforcement Office. Matters concerning
the Vehicle and Traffic Law, the New York State Transportation Law,
illegal parking and trespassing shall be the responsibility of the
Police Department. If the Code Enforcement Office determines an issue
to be a police matter, the Building Department shall refer that issue
to the Police Department.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision of this chapter.
