[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.).
SOLICITOR
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.
[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:
A. Where a vehicle or vehicles is or are to be used by
the applicant:
(1) For the first such vehicle so used, the fee for one
year shall be $1,000.
(2) For each additional vehicle so used by any one licensee,
the fee for one year shall be $1,000.
B. 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.
C. 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.
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.
[Added 9-28-1992 by L.L. No. 3-1992]
A. 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.
B. 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.
C. 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:
A. All transactions shall be in accepted trade standards,
i.e., karat, metric, troy, etc.
B. The range of prices being paid must be conspicuously
posted at a place where business is transacted.
C. Advertising must clearly state purchase prices being
offered in relation to accepted trade standards.
D. Scales used in any purchase or sale must be New-York-State-type
approved for both lightweight and heavyweight metals.
E. All purchases must be recorded and conform to the
following:
(1) A full description of the item purchased.
(2) 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).
(3) A physical description of the seller, i.e., height,
weight, color, hair, eyes and complexion, etc.
(4) No transactions shall be made with any individual
under the age of eighteen (18).
(5) 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.
F. Any hawker, peddler, solicitor or transient business that purchases or sells precious metals must secure a bond in accordance with provisions outlined in §
180-4C of this chapter.
[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.