It is found and declared that:
A. The business of vending merchandise and refreshments
in the public streets, sidewalks, places and from door to door in
the City of Albany should be regulated to protect the public health,
safety and welfare of the inhabitants of the City of Albany.
B. Reasonable regulation of vending is necessary for
the prevention of congestion of traffic and travel.
C. Persons engaged in the business of vending should
be required to be licensed and to furnish such information as necessary
to effectively carry out the purposes of this chapter.
D. Unless
specifically authorized by this chapter, vending in the City of Albany
within any public right-of-way, sidewalk or place is prohibited.
[Added 12-21-2009 by Ord. No. 33.41.09]
[Amended 1-4-1988]
As used in this chapter, the following terms
shall have the meanings indicated:
LICENSE
A license issued pursuant to this chapter.
MERCHANDISE
Any nonedible commodity, including but not limited to flowers
and balloons.
PERSON
Includes any individual, society, club, firm, partnership,
corporation or association of persons.
PURCHASE
To obtain merchandise in exchange for money or its equivalent.
The act or an instance of buying merchandise on the public streets,
sidewalks or places or from door to door in the City of Albany.
[Added 12-21-2009 by Ord. No. 33.41.09]
PURCHASER
Any person engaged in the buying of merchandise, by means
of money or its equivalent, on the public streets, sidewalks or places
in the City of Albany.
[Added 12-21-2009 by Ord. No. 33.41.09]
REFRESHMENT
Any food, fruit or other edible commodity or soft drink or
carbonated beverage.
REFRESHMENT BUSINESS OR STAND
Any place or location where is sold, or any place or location
where it is proposed to sell or offer for sale at retail for consumption
off the premises or location, either as a separate business or in
connection with any other business, any refreshment. There shall be
three types of "refreshment businesses or stands" as follows:
A.
CURBSIDE VENDORA vendor who parks a motor vehicle at the licensed location in connection with the operation of one refreshment business or stand, whether the vehicle serves as the refreshment stand or not.
B.
SIDEWALK VENDORA vendor who operates and locates one refreshment business or stand on the sidewalk only and who does not park a motor vehicle at the licensed location.
C.
ICE CREAM TRUCK VENDORA vendor who sells ice cream as a primary product from one motor vehicle and along the public streets.
VEND
The act of selling or offering for sale, or the act of purchasing
or offering to purchase for commercial purposes, refreshments or merchandise
on the public streets, sidewalks or places or from door to door in
the City of Albany, from a stand, motor vehicle or from the person.
[Amended 12-21-2009 by Ord. No. 33.41.09]
VENDOR
Any person engaged in the selling or offering for sale, or
engaged in purchasing or offering to purchase for commercial purposes,
of refreshments or merchandise on the public streets, sidewalks or
places or from door to door in the City of Albany, from a stand, motor
vehicle or from the person.
[Amended 12-21-2009 by Ord. No. 33.41.09]
[Amended 2-25-1995 by Ord. No. 57.101.94; 6-17-1996 by Ord. No. 11.61.96]
The City Clerk, with the advice and consent
of the Chief of Police or his designee, may promulgate rules and regulations
necessary to effectuate the provisions of this chapter and to address
the circumstances of specially designated areas of the City, such
as Business Improvement Districts and/or special events. Special rules
and regulations may supersede otherwise inconsistent provisions of
this chapter.
[Amended 1-4-1988; 3-7-1994; 3-15-1999 by Ord. No. 4.31.99; 11-25-2002 by Ord. No. 42.112.02; 5-19-2008 by Ord. No. 25.42.08]
License fees shall be payable in full, for the
entire season, upon application for said license and shall be as follows:
A. To vend refreshments:
(1) Curbside vendor: $70 per week.
(2) Sidewalk vendor: $35 per week.
(3) Ice cream truck vendor: $750 per year.
B. To vend flowers: $375 per year.
C. To vend balloons: $50 per year.
D. To vend merchandise from door to door: $200 per year.
E. To vend
merchandise from a vehicle: $500 per year.
[Added 12-21-2009 by Ord. No. 33.41.09]
[Added 12-21-2009 by Ord. No. 33.41.09]
A. Unless
otherwise provided, a licensed vendor of merchandise using a vehicle
for said purpose shall be authorized to operate at a specific location
in the commercial zones of the City of Albany. The license shall specify
the location within the commercial zone from which purchasing is permitted
and shall only be valid for purchasing at that location. There shall
only be one vehicle in a designated location.
B. The license
may limit the amount of space to be occupied.
[Amended 3-7-1994; 3-15-1999 by Ord. No. 4.31.99]
The following persons shall not be required
to obtain a license:
A. Individuals under the age of 16 years who vend Girl
Scout cookies, candy, lemonade or similar items.
[Amended 1-4-1988; 3-7-1994; 3-15-1999 by Ord. No. 4.31.99]
A. If the City Clerk approves an application, the license
shall be valid for one year with the specific seasonal term and/or
particular dates set and determined annually by the City Clerk with
the advice and consent of the Commissioner of the Department of General
Services and the Chief of Police, or his designee.
B. A license shall be in a form prescribed by the City
Clerk.
No license shall be issued to any applicant
if the business sought to be licensed does not comply with all applicable
federal, state and local laws, ordinances and regulations. If the
application is rejected, the City Clerk shall notify the applicant,
in writing, giving the reasons for the rejection.
All licenses shall be displayed in a conspicuous
place at all times during the operation of the vending business.
A license may not be transferred or assigned
or its location changed without prior approval of the City Clerk.
If the City Clerk approves the transfer, assignment or location change,
this action shall be endorsed upon the license by the City Clerk.
A license may be renewed at its expiration by
submitting a new application form.
If any section or sections of this chapter shall
be declared unconstitutional or otherwise void and ineffective, the
validity of the remainder of the provisions hereof and their application
shall not be affected thereby.