[HISTORY: Adopted by the Common Council of the City of Oswego 8-8-1983 as L.L. No. 4-1983 (Ch. 61 of the 1980 Code). Amendments noted where applicable.]
[Amended 5-23-1994 as L.L. No. 5-1994]
As used in this chapter, the following terms shall have the meanings indicated:
- ESTABLISHED PLACE OF BUSINESS
- Includes a building or store in which or where the person transacts business and deals in the goods, wares or merchandise he hawks, peddles or solicits for during regular hours of business daily, or the home of an individual residing in the City of Oswego who accepts orders for merchandise but accepts no payment until the time of delivery.
- FLEA MARKET
- Includes two (2) or more persons who sell or barter or offer for sale or barter any goods, wares, merchandise or food products on property owned by another person, which business is intended to be conducted for a temporary period of time and not permanently.
- HAWKER OR PEDDLER
- Includes any person, either principal or agent, who, in any public street or public place or by going from house to house on foot or on any vehicles, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, except, milk, newspapers, periodicals and nonprocessed foods.
- PRIVATE SALE
- Includes any sale of personal goods by the owner of such at his place of residence (such sales are sometimes referred to as "garage sales," "lawn sales," etc.).
- Includes any person who solicits publicly, goes from place to place or house to house, requests or accepts orders by telephone or who stands in any street or public place taking or offering to take orders for goods, wares or merchandise, except newspapers or milk, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
- TRANSIENT BUSINESS
- Includes one conducted inside or outside a store, hotel, motel, house, building or structure on property owned by another or one conducted house to house or one conducted by telephone communications for the sale or purchase at retail of goods, wares, merchandise and food products and which is intended to be conducted for a temporary period of time and not permanently.
[Amended 5-23-1994 by L.L. No. 5-1994]
It shall be unlawful for any person, except as provided in § 180-3 below, within the limits of the City of Oswego to act as a hawker, peddler or solicitor or to conduct a transient business or flea market as herein defined without first having obtained a paid for, and having in force and effect, a license therefor.
Generally. Nothing in this chapter shall apply to sales or purchases conducted pursuant to statute or by order of any court or to any persons selling personal property at wholesale to dealers in such articles. The licensing provisions of this chapter shall not apply to merchants having an established place of business within the City of Oswego or to their employees; to farmers and truck gardeners who themselves or through their employees vend, sell or dispose of the products of their own farms or gardens; party plans; or private sales or sales or services by prior invitation; nor shall this chapter be construed to prevent route salesmen or other persons having established customers to whom they make periodic deliveries from calling upon such customers or from making calls upon prospective customers to solicit an order for future periodic deliveries.
This chapter shall not apply to solicitations by local charitable, religious, civic or not-for-profit organizations or to those city streets, parks or public places which the Common Council has authorized to be used by an organization for a specified period of time for a special event, or has designated for a specified period of time for a city-sponsored event. Charitable, religious, civic or not-for-profit organizations from outside the City of Oswego shall obtain and display a not-for-profit permit which shall be issued by the City Clerk upon payment of a fee of three hundred dollars ($300.). The provisions for use and display of this permit shall be the same as those required of any licensed transient business. All individuals or organizations shall be required to provide proof of insurance in the minimum amount of five hundred thousand dollars ($500,000.), naming the City of Oswego as additional named insured, prior to commencing any solicitations or sales on city-owned property.
[Amended 12-10-1990 by L.L. No. 4-1990; 5-23-1994 by L. L. No. 5-1994]
A license to regulate hawkers, peddlers, solicitors and other transient businesses and flea markets shall not be necessary for any local honorably discharged soldier, sailor or marine who has procured a license as provided by the General Business law of the State of New York or for any individual who has procured a permit to participate in the annual farmer's market held in downtown Oswego.
[Amended 5-23-1994 by L.L. No. 5-1994]
Form; contents. Any person desiring to procure a license as herein provided shall file with the City Clerk's office a written application upon a blank form provided by the City Clerk and furnished by the city and shall file at the same time character references from the local law enforcement agency, chamber of commerce or Better Business Bureau from two (2) different communities where the applicant or his firm has previously conducted a similar business endeavor. Such information must contain the name, current address and telephone number of the references. Such application shall give the number and kind of vehicles to be used by the applicant in carrying on the business for which the license is desired, the kind of goods, wares and merchandise one desires to sell or purchase or the kind of service one desires to perform, the method of distribution, the name, permanent and local address and age of the applicant, the name and address of the person or firm one represents, the length of time the applicant desires a license, not to exceed one (1) year, and such other information as may be required by the Clerk.
Accompanying documents. Such application shall be accompanied by a certificate from the Director of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved, and by a permit from the Oswego County Health Department for the sale of any food items.
[Amended 5-23-1994 by L.L. No. 5-1994; 10-28-1996 by L.L. No. 4-1996]
Bonds; conditions; amount; duration.
An application for a license as a hawker, peddler, solicitor or transient business that demands, accepts or receives a payment or deposit of money in advance of final delivery or purchases items from individuals or an entity shall also be accompanied by a bond to the City of Oswego, approved as to form and security by the City Attorney, in the penal sum of at least one thousand dollars ($1,000.), with sufficient surety or sureties or sufficient collateral security conditioned for making a final delivery of goods, wares or merchandise ordered or services to be performed in accordance with the terms of such order or, failing therein, that the advance payment of such order be refunded, and further conditioned that, in the event the purchaser stops payment on his payment instrument or has insufficient funds to make payments for goods purchased from individuals or entities, then, and in that event, such bond shall be used to make payment to the seller in such amount up to the limit of the bond. It is also required that any such bond applicant will make a full, complete and true report of the gross amount of sales made in such business within the city in accordance with § 180-12 below and will comply in good faith with the provisions of this chapter and in paying the amount of taxes fixed.
Any person aggrieved by the action of any licensed hawkers, peddlers, solicitors or transient business shall have the right of action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and in effect, and in case of a cash deposit, such deposit shall be retained by the city for a period of ninety (90) days after the expiration of any such license, unless sooner released by the City Clerk.
Grant; refusal. Upon the filing of the application as provided in § 180-4, the City Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 180-2 hereof. Except as hereinafter provided, no license shall be refused, except for a specific reason and for the protection of the public safety, health, morals or the general welfare.
Permit applicants with outstanding violations or unpaid monies.
No such permit shall be granted to or renewed for an applicant who is in violation of any City of Oswego code, ordinance or local law (hereinafter "violations") or who owes property taxes, water or sewer fees, special assessments, fines for violations of City ordinances or any other fees or past due monies of any name or nature owed to the City of Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L. No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
The applicant shall have the burden of providing proof in a form acceptable to the department that there are no such violations or unpaid monies.
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies relate to a parcel of real property for which the application is made or another parcel owned by applicant or are personal to the applicant.
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies occurred or accrued before the effective date of this local law.
Such permit, once granted, shall be revoked in the event that the applicant accrues violations or unpaid monies, or violations or unpaid monies are discovered, after the permit is granted. The revocation shall take effect five business days after receipt by the permit holder of notice from the City of Oswego of the pending revocation. Upon such revocation, all permitted activities and privileges shall immediately cease.
No application fees shall be refunded upon revocation of the permit.
The applicant must reapply for the issuance of such revoked permit by submitting a new application and paying all necessary application fees, and any such permitted activities or privileges may only be resumed once a new permit has been granted.
All requirements set forth herein shall also apply to nonperson entities and such permit or renewal thereof shall be denied to an entity, or revoked, if a person with a substantial interest in such entity owes such unpaid monies or has accrued such violations. A "person with a substantial interest" shall mean an ownership interest of more than 10% of, membership on the governing board of, holding an office in or holding the ability to cast or control more than 10% of the votes in such entity.
Notwithstanding the provisions contained in this section to the contrary, when in the opinion of the Director of Code Enforcement the issuance of a permit is necessary to prevent harm to life, safety, or the general welfare of the public, the Director of Code Enforcement shall be authorized to issue said permit for the sole and exclusive purpose of bringing such violations into compliance with the Code of the City of Oswego. Nothing contained herein shall relieve the property owner from complying with all other applicable sections of the Code including, without limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L. No. 2-2017]
A license shall not be assignable. Any holder of such license who permits it to be used by any person, and any person who uses such license granted to any other person, shall each be guilty of a violation of this chapter.
Contents. All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which they are issued, and shall state clearly the kind of vehicle, if any, to be used and the kind of goods, wares or merchandise to be sold or service to be rendered, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.
Every licensee, while exercising his license, shall at all times display the license conspicuously or, if engaged in telephone solicitation, shall, upon the commencement of each call, state his name and address and the respective number of his license.
In no event shall hawking and peddling be allowed in the following areas: Wright's Landing; East and West Side Linear Parks; Shapiro Park; Breitbeck Park; Oak Hill Park; Fitzhugh Park; Kingsford Park; East Side Park; West Side Park; Peglow Park; Hamilton Park; Crisafulli Park; Water Street; Fort Ontario recreation areas (including the softball field areas, skating rink area and swimming pool area); and Legends Softball Complex.
[Added 8-10-1987 by L.L. No. 2-1987; 10-28-1996 by L.L. No. 4-1996]
[Amended 5-23-1994 as L.L. No. 5-1994; 10-28-1996 by L.L. No. 4-1996; 11-25-1996 by L.L. No. 5-1996]
The following fees shall be paid for the license herein required:
Where no vehicle is used by the applicant or where an additional license is required by § 180-7A hereof, the fee for one year shall be $1,000.
A license is required for the operation of or sale of goods at a flea market, when any vendor therein would be required to obtain a license. The fee for one year shall be $1,000, and the license shall cover all vendors who operate within such flea market.
Number limited. Any person using a vehicle may employ, under the same license, not more than one (1) person to assist in selling and delivering, but such person shall so act only when accompanying a licensed hawker, peddler, solicitor or transient businessman, and when any additional persons are so employed, an additional license shall be required for such additional person, and the fee fixed in § 180-6B shall be paid therefor.
Identification card required. The one (1) employee, agent or salesperson mentioned in Subsection A above who acts with a licensee shall at all times carry and on demand display a card of identification issued by the City Clerk, which card shall contain the following information: the name and picture of the employee, agent or salesperson, the name of the employer or company and the date of expiration of the employer's or company's license. Such identification cards shall be valid until the expiration of the license under which they are issued.
Personal statement required. Each such employee or salesperson shall file with the City Clerk's office a statement including his name age, permanent and city address and name and address of his employer or company and the telephone numbers of all such firms and/or individuals responsible for supervision of such activity.
The City Clerk may at any time for a violation of this chapter or any other ordinance or any law revoke the license. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made.
Notice of such revocation and the reason or reasons therefor, in writing, shall be served upon the person named in the application by delivering the same to him either personally or by mailing the same to the address given in the application by certified mail, return receipt requested; such revocation shall be immediately effective if served personally and shall become effective twenty-four (24) hours after mailing, if served by mail.
A written statement of all orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery, setting forth the terms thereof, the amount paid in advance, the name of the solicitor and the name of the person or firm he represents, shall be given to the purchaser at the time the money is paid to or deposited with such individual or firm.
Unlawful sales. A hawker, peddler, solicitor or transient business shall not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or purchase nor offer for sale any unwholesome, tainted or diseased provisions or merchandise.
Sanitary conditions. A hawker, peddler, solicitor or transient businessman shall keep the vehicles and receptacles used by him in a clean and sanitary condition and shall keep the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects and must obtain all necessary federal, state and county licenses and/or permits as a condition of being granted the license herein.
Noises. A hawker, peddler, solicitor or transient businessman shall not blow a horn, ring a bell or use any other noisy device to attract public attention to his wares nor shout or cry his wares.
Obstructions. A hawker, peddler, solicitor or transient businessman shall not create or maintain any booth or stand or place any barrels, boxes, crates or other obstruction upon any street or public place for the purpose of selling or exposing for sale or purchasing any goods, wares or merchandise, except in streets or public places wherein permission is granted within the license, specifically.
Measuring devices. A hawker, peddler, solicitor or transient businessman shall not use any weighing or measuring devices unless the same shall have been examined and sealed by the Department of Weights and Measures.
[Amended 10-28-1996 by L.L. No. 4-1996]
[Added 9-28-1992 by L.L. No. 3-1992]
Except as provided in Subsection B herein, no person, business or organization shall sell, buy, barter, trade or give or attempt to sell, buy, barter, trade or give fish eggs to any other person, business or organization on public property within the City of Oswego.
It shall be unlawful for any person to donate fish eggs at the city's fish cleaning stations of Oswego or to any person or organization designated to receive such fish eggs by the Common Council and for such person or organization to thereafter sell such fish eggs on public property within the City of Oswego.
A violation of the provisions of this section shall be punishable by a minimum fine of fifty dollars ($50.) for the first offense and one hundred dollars ($100.) for each subsequent offense.
Any person or firm permitted to conduct business under the provisions of this chapter shall file and attest to its accuracy a report containing the gross amount of sales for each week or portion thereof that such business is conducted. This report is to be filed on or before 12:00 noon on Monday or the first business day of each week for any portion of the preceding week in which sales were made. The report is to be filed with the City Clerk unless otherwise stipulated. The bond will not be returned until the report has been filed.
In addition to the standing provisions of this chapter governing transient business transactions, the following provisions will apply to the purchase and/or sale of precious metals:
All transactions shall be in accepted trade standards, i.e., karat, metric, troy, etc.
The range of prices being paid must be conspicuously posted at a place where business is transacted.
Advertising must clearly state purchase prices being offered in relation to accepted trade standards.
Scales used in any purchase or sale must be New-York-State-type approved for both lightweight and heavyweight metals.
All purchases must be recorded and conform to the following:
A full description of the item purchased.
Name of seller, address and telephone number (identification used for confirmation of information will be a driver's license, social security card or other satisfactory identification with picture normally accepted as approved documents).
A physical description of the seller, i.e., height, weight, color, hair, eyes and complexion, etc.
No transactions shall be made with any individual under the age of eighteen (18).
No transactions shall be conducted before 9:00 a.m. and after 9:00 p.m. Any records so maintained shall be made available to any law enforcement officials at any time, covering transient business transactions conducted in the community and for a period of ninety (90) days thereafter if such is requested.
[Amended 10-28-1996 by L.L. No. 4-1996]
Except as otherwise provided herein, the violation of the provisions of this chapter shall constitute an offense, and a person guilty of such offense may be punished by a fine of not more than one thousand dollars ($1,000.) or by imprisonment not exceeding fifteen (15) days, or by both fine and imprisonment.
This chapter shall not supersede the local law of any other.
[Amended 5-23-1994 by L.L. No. 5-1994]
The Police Department of the City of Oswego, New York, is hereby designated to enforce this chapter.