[Adopted 10-5-1954]
It shall be unlawful for a transient merchant, itinerant merchant or itinerant vendor, as defined in § 171-2 of this article, to engage in such business within the City of Amsterdam without first obtaining a license therefor in compliance with the provisions of this article.
As used in this article, the following terms
shall have the meanings indicated:
Any person, firm or corporation, whether as owner, agent,
consignee or employee, whether a resident of the city or not, who
engages in a temporary business of selling and delivering goods, wares
and merchandise within said city and who, in furtherance of such purpose,
hires, leases, uses or occupies any building, structure, vehicle,
tent, railroad boxcar or boat, public room in hotels, lodging houses,
apartments, shops or any street, alley or other place within the city
for the exhibition and sale of such goods, wares and merchandise,
either privately or at public auction, provided that such definition
shall not be construed to include any person, firm or corporation
who, while occupying such temporary location, does not sell from stock,
but exhibits samples only for the purpose of securing orders for future
delivery only. The person, firm or corporation so engaged shall not
be relieved from complying with the provisions of this article merely
by reason of associating temporarily with any local dealer, trader,
merchant or auctioneer or by conducting such transient business in
connection with as a part of or in the name of any local dealer, trader,
merchant or auctioneer.
Applicants for license under this article, whether
a person, firm or corporation, shall file a written sworn application
signed by the applicant if an individual, by all partners if a partnership
and by the president if a corporation, with the City Clerk, showing:
A.
The name or names of the person or persons having
the management or supervision of applicant's business during the time
that it is proposed that it will be carried on in the City of Amsterdam;
the local address or addresses of such person or persons while engaged
in such business; the permanent address or addresses of such person
or persons; the capacity in which such person or persons will act
(that is, whether as proprietor, agent or otherwise); the name and
address of the person, firm or corporation for whose account the business
will be carried on, if any; and if a corporation, under the laws of
what state the same is incorporated.
B.
The fingerprints of the person or persons having the
management or supervision of the applicant's business or in lieu thereof
at least three letters of recommendation from reliable property owners
in the County of Montgomery, State of New York, certifying as to the
applicant's good character and business responsibility or other evidence
which establishes to the satisfaction of the Mayor the good character
and business responsibility of such person or persons.
C.
The place or places in the City of Amsterdam where
it is proposed to carry on the applicant's business and the length
of time during which it is proposed that said business shall be conducted.
D.
The place or places, other than the permanent place
of business of the applicant, where the applicant, within the six
months next preceding the date of said applications, conducted a transient
business, stating the nature thereof and giving the post office and
street address of any building or office in which such business was
conducted.
E.
A statement of the nature, character and quality of
the goods, wares and merchandise to be sold or offered for sale by
applicant in the City of Amsterdam; the invoice value and quality
of such goods, wares and merchandise, whether the same are proposed
to be sold from stock in possession or from stock in possession and
by sample, at auction, by direct sale or by direct sale and by taking
orders for future delivery; where the goods or property proposed to
be sold are manufactured or produced and where such goods or products
are located at the time said application is filed.
F.
A brief statement of the nature and character of the
advertising done or proposed to be done in order to attract customers
and, if required by the City Clerk, copies of all said advertising,
whether by handbills, circular, newspaper advertising or otherwise,
shall be attached to said application as exhibits thereto.
G.
Whether or not the person or persons having the management
or supervision of the applicant's business have been convicted of
a crime, misdemeanor or the violation of any municipal ordinance,
the nature of such offense and the punishment assessed therefor.
H.
Credentials from the person, firm or corporation for
which the applicant proposes to do business authorizing the applicant
to act as such representative.
I.
Such other reasonable information as to the identity
or character of the person or persons having the management or supervision
of applicant's business, or the method or plan of doing such business,
as the City Clerk may deem proper to fulfill the purpose of this article
in the protection of the public good.
Upon the receipt of such application by the
City Clerk and upon notification to the Chief of Police, said Chief
of Police shall make or cause to be made with all convenient speed
an investigation of such person or person's business responsibility
or moral character as is deemed necessary for the protection of the
public good. If, as a result of such investigation, the applicant's
character and business responsibility are felt to be unsatisfactory
and are so reported to the City Clerk, the applicant shall be denied.
If, as a result of the investigation, the character and business reputation
appear satisfactory, the Chief of Police shall so advise the City
Clerk and the City Clerk shall so certify, in writing, and a license
shall be issued by the City Clerk. The City Clerk shall keep a full
record in his office of all licenses issued. Such license shall contain
the number of the license, the date the same is issued, the nature
of the business authorized to be carried on, the amount of the license
fee paid, the expiration date of said license, the place where said
business may be carried on under said license and the name or names
of the person or persons authorized to carry on the same.
[Amended 7-5-1988]
Before any license, as provided in this article,
shall be issued for engaging in an itinerant or transient business
as defined in § 157-2 of this article, in the City of Amsterdam,
such applicant shall file with the City Clerk a bond running to the
City of Amsterdam in the sum of $5,000, executed by the applicant
as principal, and two sureties upon which service of process may be
made in the State of New York; said bond to be approved by the Corporation
Counsel, conditioned that said applicant shall comply fully with all
of the provisions of the ordinances of the City of Amsterdam and the
statutes of the State of New York regulating and concerning the sale
of goods, wares and merchandise and will pay all judgments rendered
against said applicant for any violation of said ordinances or statutes
or any of them, together with all judgments and costs that may be
recovered against him by any person or persons for damages growing
out of any misrepresentation or deception practiced on any person
transacting such business with such applicant, whether said misrepresentations
or deceptions were made or practiced by the owners or by their servants,
agents or employees either at the time of making the sale or through
any advertisement of any character whatsoever, printed or circulated,
with reference to the goods, wares or merchandise sold or any part
thereof. Action on the bond may be brought in the name of the city
to the use of the aggrieved person. Such bond must be approved by
the Corporation Counsel both as to form and as to the responsibility
of the sureties thereon.
Before any license as herein provided shall be issued for engaging in business as an itinerant merchant, as herein defined, in the City of Amsterdam, such applicant shall file with the City Clerk an instrument nominating and appointing the City Clerk or the person performing the duties of such position his true and lawful agent with full power and authority to acknowledge service or notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of the business transacted under said license and the bond given as required by § 171-5 of this article, or for the performance of the conditions of said bond or for any breach thereof, which instrument shall also contain recitals to the effect that said applicant for said license consents and agrees that service of any notice or process may be made upon said agent and, when so made, shall be taken and held to be valid as if personally served upon the person or persons applying for said license under this article, according to the law of this or any other state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the City Clerk, as herein provided, the City Clerk shall send to the licensee at his last known address, by registered mail, a copy of said process.
The license issued under this article shall
be posted conspicuously in the place of business named therein. In
the event that such person or persons applying for said license shall
desire to do business in more than one place within the city, separate
licenses may be issued for each place of business and shall be posted
conspicuously in each place of business.
[Amended 7-5-1988]
Licensees under this article shall pay a fee
as follows:
No license shall be transferred without written
consent from the Mayor, as evidenced by an endorsement on the face
of the license by the City Clerk, showing to whom the license is transferred
and the date of the transfer.
[Amended 12-22-1997 by L.L. No. 3-1998]
No licensee under this article nor anyone in
his behalf shall shout, make any outcry, blow a horn, ring a bell
or use any other sound device, including any loudspeaking radio or
amplifying system, upon any of the streets, alleys, parks or other
public places of said city or upon any private premises in said city
where sound of sufficient volume is emitted or produced therefrom
capable of being plainly heard upon the streets, avenues, alleys or
parks or other public places for the purpose of attracting attention
to any goods, wares or merchandise which such licensee proposes to
sell. The provisions of this section shall not apply to licensees
engaged in the sale of prepared foods or confections.
It shall be the duty of the police officers
of the City of Amsterdam to examine all places of business and persons
in their respective territories subject to the provisions of this
article to determine if this article has been complied with and to
enforce the provisions of this article against any person found to
be violating the same.
The City Clerk shall deposit the record of fingerprints
of the licensee, together with a license number, with the Chief of
Police; the Chief of Police shall report to the City Clerk any complaints
against any person licensed under the provisions of this article and
any conviction for violation of this article; the City Clerk shall
keep a record of all such licenses and of such complaints and violations.
A.
The permits and licenses issued pursuant to this article
may be revoked by the Mayor of the City of Amsterdam, after notice
and hearing, for any of the following causes:
(1)
Any fraud, misrepresentation or false statement contained
in the application for license.
(2)
Any fraud, misrepresentation or false statement made
in connection with the selling of goods, wares or merchandise.
(3)
Any violation of this article.
(4)
Conviction of the licensee of any felony or of a misdemeanor
involving moral turpitude.
(5)
Conducting the business licensed under this article
in an unlawful manner or in such a manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general
welfare of the public.
B.
Notice of hearing for revocation of a license shall
be given, in writing, setting forth specifically the grounds of the
complaint and the time and place of the hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his last known address,
at least five days prior to the date set for the hearing.
Any person aggrieved by the decision of the City Clerk in regard to the denial of application for license as provided for in § 171-4 of this article or in connection with the revocation of a license as provided for in § 171-13 of this article shall have the right to appeal to the Council of the City of Amsterdam. Such appeal shall be taken by filing with the Council within 14 days after notice of the decision of the City Clerk has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal. The Council shall set the time and place for a hearing on such appeal and notice of such bearing shall be given to such person in the same manner as provided in § 171-13 of this article for notice of hearing on revocation. The order of the Common Council on such appeal shall be final.
All licenses issued under the provisions of
this article shall expire 90 days after the date of issuance thereof
unless a prior date is fixed therein.
[Amended 12-22-1997 by L.L. No. 3-1998]
Any person, firm or corporation violating any
of the provisions of this article shall, upon conviction thereof,
be punished by a fine of not less than $100 nor more than $1,000 or
by imprisonment not to exceed 60 days, or by both such fine and imprisonment.
