As used in this chapter, the following terms shall have the meanings
indicated:
FOOD VENDOR
Any person who sells to the public any food product.
ITINERANT VENDOR, ITINERANT MERCHANT or TRANSIENT MERCHANT
Any person, firm or corporation, whether as owner, agent, consignee
or employee, whether a resident of the Town or not, who or which engages in
a temporary or transient business, either in one location or traveling from
place to place, selling and delivering goods, wares and merchandise within
the Town of Concord and who or which, in furtherance of such purpose, hires,
leases, uses or occupies any building, structure, motor vehicle, tent, railroad
boxcar, boat, public room in a hotel, lodging house, apartment or shop or
any street, alley or other place within the Town 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 or which, while occupying such temporary location,
does not sell from stock but exhibits samples only for the purpose of securing
orders for future delivery only. Said person, firm or corporation shall not
be relieved from complying with this chapter merely by 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. Food vendors and ice cream vendors,
as hereinbefore defined, shall be considered as "itinerant vendors, itinerant
merchants or transient merchants" for purposes of this chapter.
LICENSE
That which allows an individual and/or his or her employees to operate
said business as identified by the permit.
PERMIT
That which identifies the business and allows it to exist.
RESIDENTIAL NEIGHBORHOOD
Any area made up predominantly of one- and two-family residences
or apartment complexes and condominium complexes.
SOLICITOR or CANVASSER
Any individual, not a resident of the Town of Concord, traveling
either by wagon, automobile, motor truck or any other type of conveyance from
place to place, from house to house or from street to street soliciting for
money.
TEMPORARY OR TRANSIENT BUSINESS
Any exhibition and sale of goods, wares and/or merchandise which
is carried on in any building, structure, motor vehicle, tent, railroad boxcar,
boat, public room in a hotel, lodging house, apartment or shop or any alley
or street, unless said business shall be open for business during usual business
hours for a period of at least 10 months of the year.
It shall be unlawful for a transient merchant, itinerant merchant, itinerant vendor, food vendor, ice cream vendor, solicitor, canvasser or permanent merchant selling away from his or her established place of business, as defined in §
103-1 of this chapter, to engage in any such business within the Town of Concord without first obtaining a permit and license therefor in compliance with the provisions of this chapter.
Any person licensed under this chapter is required to exhibit his or
her license at all times.
It shall be the duty of the Code Enforcement Officer of the Town of
Concord to require any person seen doing business as a transient merchant,
itinerant merchant, itinerant vendor, food vendor, ice cream vendor, solicitor
or canvasser and who is not known by such officer to be duly licensed to produce
his or her license, and it shall be the duty of the Code Enforcement Officer
to enforce the provisions of this chapter against any person found to be violating
the same.
The following shall be exempt from the provisions of this chapter:
A. Any person delivering newspapers, fuel, dairy products,
vegetables or bakery goods to regular customers on established routes.
B. Any person selling goods to retail or wholesale stores
for resale.
C. Any person holding a sale required by statute or by order
of any court and any person conducting a bona fide auction sale pursuant to
law.
D. Any incorporated agricultural society during the continuance
of any annual fair held by such society.
E. Any general sale, fair, auction or bazaar held or sponsored
by a local ecclesiastical society or church corporation.
F. Any local charitable organization, local veterans organization
or local service organization conducting such business by its own membership
or in conjunction with other similar organizations.
G. Any general sale conducted by local students with prior
authorization of the Concord Town Board.
H. Any tag sales or garage sales on local premises devoted
to residential use or nonprofit organization.
I. Any local charitable organizations, local ecclesiastical
societies or church corporations, local veterans organizations, local service
organizations and other similar local organizations soliciting or canvassing
door-to-door for contributions.
J. Any person selling produce grown by that person on his
or her premises.
K. Any permanent merchant selling the same goods in front
of his or her established place of business, provided that said permanent
merchant complies with all other state statutes and Town ordinances, i.e.,
sidewalk sales.
L. Any person selling agricultural goods at a regularly
scheduled farmers market.
M. Any person engaged in the delivery of goods, wares or
merchandise or other articles or things, in the regular course of business,
to the premises of persons who had previously ordered the same or were entitled
to receive the same by reason of a prior agreement.
Any person violating any of the provisions of this chapter shall, upon
conviction thereof, be punished by a fine not to exceed $250 for each violation
deemed a separate offense or by imprisonment not to exceed 15 days, or by
both such fine and imprisonment.