[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:
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.
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.
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.
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.
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.
A.
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.
B.
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]
C.
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]
A.
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.
B.
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]
C.
Bonds; conditions; amount; duration.
(1)
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.
(2)
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.
A.
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.
(1)
Permit applicants with outstanding violations or unpaid monies.
(a)
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]
[1]
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.
[2]
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.
[3]
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.
[4]
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.
[5]
No application fees shall be refunded upon revocation of the
permit.
[6]
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.
[7]
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.
(b)
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]
B.
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.
C.
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.
D.
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.
E.
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:
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.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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]
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.
[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.
