City of Albany, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Albany 7-15-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 251.
Transient retail businesses — See Ch. 341.
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:
CITY CLERK
The City Clerk of the City of Albany.
LICENSE
A license issued pursuant to this chapter.
LICENSEE
Any person holding a license.
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. 
A 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. 
A 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. 
A 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[1]; 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.
[1]
Editor's Note: This legislation was adopted in the 1983 Code numbering and was redesignated by the Editor to fit the 1995 Code format.
[Amended 1-4-1988]
A. 
It shall be unlawful for any person to vend in the City of Albany without a license.
B. 
It shall be unlawful to vend merchandise, except flowers and balloons, other than from door to door.
C. 
The City Clerk is hereby authorized to limit the number of refreshment business or stand licenses.
[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]
A. 
All vendors are prohibited from vending in a manner that interferes with pedestrian or vehicular traffic or other legitimate business in the City of Albany.
B. 
No vendor shall, directly or indirectly, cause or permit the public streets, sidewalks or places to be littered with papers, wrappings or other debris or refuse where the littering results from the conduct of his business.
C. 
No vendor shall vend between 9:00 p.m. and 9:00 a.m. of the following day, unless otherwise specified.
D. 
Persons licensed pursuant to the provisions of § 32 of the General Business Law of the State of New York shall be prohibited from vending within the City of Albany unless they have obtained a license in accordance with the provisions of this chapter.
E. 
Any person vending refreshments or merchandise from a motor vehicle that is attractive to and popular with children, which invites or causes children to gather or collect about the motor vehicle, is required to take those precautions necessary to protect the children from being struck by motor vehicles.
F. 
No vendor shall use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public.
G. 
No vendor shall vend within 1,000 feet of the grounds of any elementary or secondary school between 1/2 hour prior to the start of the school day and 1/2 hour after dismissal at the end of the school day.
[Amended 1-4-1988]
A. 
Unless otherwise provided, a licensed vendor of refreshments, flowers and balloons shall be authorized to vend 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 vending is permitted and shall only be valid for vending at that location. There shall only be one stand in a designated location.
B. 
The license may limit the amount of space to be occupied by the vendor.
C. 
Vendors at special events, events not exceeding three days in duration, shall be exempt from their location requirement. Such vendors shall comply with all applicable provisions of this chapter and rules and regulations issued pursuant to it and pay all fees as required by the person coordinating the special event.
D. 
Ice cream truck vendors shall be permitted in the residential zones of the City in accordance with any rules and regulations promulgated by the City Clerk.
[Added 12-21-2009 by Ord. No. 33.41.09[1]]
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.
[1]
Editor's Note: This ordinance also provided for the redesignation of former §§ 363-8 to 363-18 to §§ 363-9 to 363-19, respectively.
A. 
No door-to-door vendor shall enter any house, building or premises where there is posted on the front of the house, building or premises a written notice stating that vendors are not desired, unless the vendor has received the prior consent of the occupant.
[Amended 8-5-2013 by Ord. No. 33.41.13]
B. 
No door-to-door vendor shall make false statements or misrepresentations in the course of his activities. The vendor shall conduct himself at all times in an orderly and lawful manner.
C. 
In addition to any requirements promulgated by the City Clerk, an applicant for a door-to-door vending license must consent to a background check involving fingerprint identification prior to the issuance of said license.
[Amended 8-5-2013 by Ord. No. 33.41.13]
[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.
A. 
A license may be suspended or revoked by the City Clerk only after notice, in writing, and an opportunity to be heard is given to the vendor.
B. 
Written notice of intent to suspend or revoke shall be given by registered or certified mail, to the address set forth on the application.
C. 
The City Clerk shall suspend or revoke the license of any vendor found to have violated or to have permitted a violation of any provision of this chapter or any other ordinance, rule or regulation or state or federal law pertaining to the operation of his business.
D. 
Upon a determination that a license should be suspended or revoked, the City Clerk shall notify the vendor, in writing, setting forth reasons for such suspension or revocation.
A. 
When a license has been revoked, no other license shall be issued to the same vendor until after the expiration of at least one year.
B. 
Upon revocation of any license, the license fee shall be forfeited.
A. 
Any person who conducts a business without a license required by this chapter or who conducts or attempts to conduct a business during the period when his license is suspended or revoked or who violates any of the terms or provisions of this chapter shall be guilty of a violation.
B. 
Any persons found guilty of a violation shall be liable to a fine which shall not exceed $350 in amount or to imprisonment not to exceed 15 days, or to both, in the discretion of the court.
[Amended 5-19-2008 by Ord. No. 25.42.08]
C. 
Except as otherwise provided by law, such violation shall not impose any disability upon or affect or impair the credibility as a witness or otherwise of any person found guilty of such offense.
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.