[Adopted 4-5-1989 byL.L. No. 1-1989]
This article shall be known as the "Sidewalk
Sales Local Law."
It is the purpose of this article to promote
the health, safety and morals and general welfare of the inhabitants
of the Town of Harrison by promoting and regulating sidewalk sales
by lawful merchants in the Town of Harrison.
As used in this article, the following terms
shall have the meanings indicated:
The table, cart or rack used to exhibit the merchandise at
the sidewalk sale.
Any goods, wares or other merchandise for the sole purpose
of sale or display.
Any merchant lawfully occupying a store in the Town of Harrison.
The sidewalk permit obtained from the Town Clerk of the Town
of Harrison upon the payment of the applicable fee and upon the completion
and submission of the application to the Town Clerk's office in the
Town of Harrison.
The area directly abutting the front of and running along
the storefront to the nearest street curb in front of the merchant's
store.
Anything contained in § 201-25 of Article IV of this chapter, entitled "Merchandise on Sidewalks," to the contrary notwithstanding, a merchant shall have the right to place or deposit or cause to be placed or deposited merchandise for the sole purpose of a sidewalk sale upon obtaining a permit from the Town Clerk and upon the limitations set forth herein.
A.
No person, merchant or entity shall be permitted to
conduct or participate in a sidewalk sale unless it obtains a permit
from the Town Clerk of the Town of Harrison. Sidewalk permits are
to be obtained from the Town Clerk in the Town of Harrison upon the
following conditions:
(1)
A payment of the sidewalk permit fee as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code.
[Amended 2-21-2007 by L.L. No. 1-2007]
(2)
Said permit shall only be valid for the days applied
for.
(3)
The application for the permit shall be on a form
prepared by the Town Clerk and completed by the merchant and shall
contain the following:
(a)
The name, address and location of the merchant;
(b)
The type of display;
(c)
The type of merchandise;
(d)
The approximate area of the display; and
(e)
The merchant shall submit to the Town Clerk
a certification of insurance against personal liability and property
damage naming the Town of Harrison and Village of Harrison as additional
insured for the day or days for which the permit is issued. The amount
of the insurance coverage shall be no less than $500,000.
B.
Anything contained in this article to the contrary
notwithstanding, no merchant shall be issued sidewalk permits for
more than 12 days in a calendar year. The 12 days for sidewalk sales
shall be approved by the Town Board and grouped into for four different
periods consisting of three consecutive days each.
At no time shall the display extend more than
two feet from the wall of the building abutting the sidewalk or the
curbside directly across from the store. There shall be no less than
three feet of clear and unencumbered space from the display for the
purpose of pedestrian traffic.