[HISTORY: Adopted by the Town Board of the Town of Woodstock 8-18-1998 by L.L. No. 6-1998. Amendments noted where applicable.]
It is the intent of the Town of Woodstock to provide space for vending on public property in the Town that enhances and adds to the cultural and economic vitality of the center of Town. It is further the intent of the Town to recognize the need to preserve and protect the open character and visual integrity of the Town.
Therefore it is hereby found that to achieve these intentions vending on public property shall be conducted only from those areas designated by resolution of the Town Board in a fashion consistent with the Town of Woodstock Zoning Law and provisions of this chapter.
Editor's Note: See Ch. 260, Zoning.
This chapter does not regulate door-to-door vending and vending from areas regulated under the Zoning Law. Vending on private property may only occur at commercially zoned locations or other locations with the written permission of the private property owner in a fashion consistent with the Town Zoning Law.
As used in this chapter, the following terms shall have the meanings indicated:
- Any individual, firm, partnership, corporation, organization, club, association or other entity or any principal or agent thereof.
- Any person, either principal or agent, who on public property sells or barters or offers for sale or barter or carries or displays for sale or barter any goods, wares, merchandise or services.
Vendors shall obtain a license as specified in this chapter.
Vendors shall only vend on public property as designated by the Town Board by resolution from time to time.
Vendors shall be responsible for allotting and sharing space in designated areas.
Vendors shall remove all tents, displays, equipment, seating, literature, and merchandise from their allotted space at the end of each business day.
Vendors shall remove all trash from their space at the end of each business day and maintain the grounds in a clean and safe condition.
Vendors shall limit time of operation from 9:00 am to 9:00 p.m. daily.
Vendors shall not park a motor vehicle in their allotted space or any place other than in a legal parking space.
Vendors shall not exceed the maximum decibel level as prescribed in the Town of Woodstock Zoning Law.
Vendors shall openly display their licenses.
Vendors shall locate themselves on a first come, first served basis.
Signage shall be limited to a total of two square feet.
Any person desiring to act as a vendor in the Town of Woodstock on public property shall register with the Town Clerk and complete an application for a license. Such application shall include but not be limited to the following information:
Full name, home and mailing address, business address if any, phone number, driver's license number, social security number, and the name of the organization represented if any.
Copy of license issued by the Ulster County Clerk pursuant to General Business Law § 32, if applicable.
If applicable, a copy of the permit or license issued by the Ulster County Health Department.
Copy of New York State sales tax certificate.
Evidence from the Ulster County Veterans Service Agency confirming that the applicant is an honorably discharged veteran of the Armed Forces of America with a service-connected disability, if applicable
Copy of a certificate from the Ulster County Sealer of Weights and Measures issued pursuant to New York State and local regulations, if applicable.
Such other applicable information that the Town Board may require from time to time.
A license shall not be assigned or transferred.
Every licensee, while exercising his or her license privileges, shall carry the license and shall exhibit the same when requested by any police officer or zoning enforcement officer.
A license may be suspended by the Town Clerk for a violation of this chapter. The licensee may then request a hearing before the Town Board prior to revocation. Such hearing will be scheduled at the next regularly scheduled Town Board meeting. No fees or bonds shall be returned following the revocation of such license.
Revoked or rejected license holders will not be eligible for reissuance until a period of at least six months has elapsed.
The term of the license shall run on a calendar-year basis.
The Town Board may establish by resolution license fees and bond and insurance requirements as necessary from time to time. Any honorably discharged veteran of the Armed Forces of the United States of America who has obtained a license from the Ulster County Clerk as provided by the General Business Law § 32 of the State of New York shall be exempt from the license fee but not the bond or insurance requirement. The bond or portion thereof maybe used by the Town of Woodstock to cover reasonable costs for the repair or cleanup of Town properties.
The following persons are exempt from the provisions of this chapter:
The Town Board may, from time to time, authorize special events on public property at which vending may take place. The Town Board shall establish by resolution the duration, location, fees, terms and conditions relating to vending in connection with any authorized special event. Licensing pursuant to this chapter shall not exempt vendors from any special requirements associated with the special event, nor shall it imply any rights to vend at said special event.
The Town Board may by resolution set from time to time rules and regulations relating to the implementation of this chapter. Such rules and regulations may include but are not limited to the following: fees, designation of locations and the size of vending spaces, size and type of signage, amount of bonding, and other requirements that the Board may include.
Any person who shall act as a vendor and commit an offense against any provision of this chapter shall be guilty of a violation and shall, upon conviction, be punished by a fine of not less than $100 and not more than $250 or by imprisonment for not more than 15 days, or both, and each day on which such offense continues shall constitute a separate violation. Appearance tickets may be issued by any police agency having jurisdiction in the Town of Woodstock.