This chapter shall be known and may be cited
as the "Peddling, Vending and Soliciting Ordinance of the Town of
Henrietta."
This chapter is enacted for the purpose of regulating
itinerant merchandising and soliciting in order that the peace, health,
safety, welfare and good order of the Town and its inhabitants shall
not be endangered or unduly disturbed.
[Amended 10-19-1983]
As used in this chapter, the following terms
shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or depository in which or where
the person transacts business and deals in the goods, wares, commodities
or services he peddles, vends or solicits in the ordinary and regular
course of business.
GARAGE AND LAWN SALES
A household sale conducted by or with permission of a residential
homeowner, not to exceed three consecutive selling days, for the purpose
of selling used household goods.
LICENSE
Unless otherwise specified, shall be construed to mean a
license or special permit as required by this chapter.
MERCHANDISING
The selling, bartering or trading of or offering to sell,
barter or trade any goods, wares, commodities or services.
PEDDLER AND SOLICITOR
Includes, unless otherwise herein provided, any person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services or solicits contributions of goods or moneys by going
from house to house or place of business to place of business.
PERSON
Includes any individual, firm, partnership, corporation,
unincorporated association and principal or agent thereof.
TEMPORARY OCCUPANCY
A store, room, building, tent, enclosure or structure of
any kind intended to be occupied for the period of time necessary
to peddle, vend or solicit the merchandise or products therein housed
initially without the intent to replenish or restock such goods, wares
and merchandise sold therein. In all prosecutions for a violation
of this chapter, the intent of the defendant to conduct an established
place of business shall be a material fact, and the burden of proving
such intent shall be upon the defendant in such prosecution.
VENDOR
Includes, unless otherwise herein provided, a person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services or solicits contributions of goods or moneys by occupying
space on any public street, roadside, private or public parking lot
or driveway unless owned by said vendor or operated under lease as
adjunct to the vendor's business.
[Amended 10-4-1989; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
Upon receipt of the application and the license fee and if reasonably
satisfied with the applicant's qualifications, the Building Inspector
or designee shall issue a license to the applicant specifying the
particular business and method of business operations authorized,
along with any restrictions thereon. This license shall be nontransferable
and shall be in the continuous possession of the licensee while engaged
in the business licensed. The license shall be produced upon the demand
of any Town official, prospective buyer, police officer or sheriff.
[Added 2-18-2015 by L.L.
No. 1-2015]
A. Vendors
requesting to operate a cart service in the Town of Henrietta must
submit a permit application prior to commencing service. The application
must be accompanied by:
(1) If
food service is involved, a New York State Department of Health license
issued to allow the specific type of vending requested.
(2) A
New York State sales tax certificate, which must be prominently displayed
on the vendor's cart.
(3) A
certificate of liability insurance adequately insuring the Town or
the owner of the property on which the vendor's cart is located.
(4) A
fee in an amount set from time to time by resolution of the Town Board.
B. Upon approval
of a permit application, the Town will provide the applicant with
the location of designated areas in which the vendor may operate.
Any other requested area must receive prior approval after Town review.
C. The permit
must be prominently displayed on the vendor's cart.
[Amended 10-4-1989; 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
Any person aggrieved by the action of the Building Inspector or designee in the denial of an application for a license, as provided in §
192-6 of this chapter, shall have the right to appeal to the Town Board of the Town of Henrietta. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The granting, refusal or revocation of a license by the Town Board shall be subject to review by certiorari.
[Amended 6-20-2001 by L.L. No. 3-2001; 9-27-2023 by L.L. No. 9-2023]
Where one acts as a peddler, vendor or solicitor,
as herein defined, without a license, or fails to comply with any
of the provisions of this chapter, or continues to act as peddler,
vendor or solicitor subsequent to the revocation of his license, shall
be in violation hereof, and, upon conviction thereof, shall be subject
to a fine in the minimum amount of $100, up to a maximum amount of
$250. Each day's continued violation shall constitute a separate additional
violation.