[HISTORY: Adopted by the City Council of
the City of Jamestown 7-22-1991. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes a building or store in which or where a person transacts
business and deals in the goods, wares and merchandise he hawks, peddles
or solicits for during regular business hours.
Any person, firm or corporation who or which either, as principal
or agent, from any boat or car on a railroad track or any street or
place or by going from house to house or place of business to place
of business, on foot or on or from any animal or vehicle, including
but not limited to automobiles, trucks, trailers, pushcarts or wagons,
sells or barters, offers for sale or barters or carries or exposes
for sale or barter any goods, wares or merchandise, except milk, newspapers
and periodicals.
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
Includes any person who goes from place to place or house
to house or who stands in any street or place taking or offering to
take orders for goods, wares and merchandise, except milk, newspapers
and periodicals, or for services to be performed in the future or
by making, manufacturing or repairing any article or thing whatsoever
for future delivery.
Includes one conducted in a store, hotel, motel, house, building
or structure for the sale, retail or wholesale, of goods, wares and
merchandise, except meats, fish, fruit and farm products by farmers
and persons who produce such commodities, which is intended to be
conducted for a temporary period of time and not permanently. If the
place in which the business is conducted is rented or leased for a
period of six months or less, such fact shall be presumptive evidence
that the business carried on therein is a transient business.
A.
Nothing in this chapter shall be held to apply to
any sales conducted pursuant to statute or by order of any court;
to any person selling personal property at wholesale to dealers in
such articles; to merchants having an established place of business
within the City or their employees for soliciting orders from customers
and delivering the same; to farmers and truck gardeners who themselves
or through their employees vend, sell or dispose of products of their
own farms and gardens; to any honorably discharged veteran of the
Armed Forces of the United States who is a resident of this state
and a veteran of any war or who shall have served in the Armed Forces
of the United States overseas or the spouse of such veteran if a resident
of this state, as provided by § 32 of the General Business
Law of the State of New York; to berry pickers who sell berries of
their own picking; to persons engaged in fishing in the waters adjacent
to the City of Jamestown, when such fish is sold by the person catching
the same; to the owner or lessee of any property within the City of
Jamestown who conducts on his or her property flea markets, porch
sales, garage sales or similar sales for not more than four days,
two of which may be consecutive, in any calendar year.
[Amended 9-12-1994]
B.
This chapter shall not apply to sales of tangible
commodities by local not-for-profit corporations or associations which
have as their primary purpose the promotion of charitable, educational
and recreational activities or volunteers working for such corporations
or associations within the City of Jamestown, New York.
C.
The City Council may additionally grant exemptions
from the provisions of this chapter for special events or occasions,
subject to such conditions or requirements as the City Council may
deem proper. Requests for exemption as herein provided shall be submitted,
in writing, to the City Clerk/Treasurer not less than 45 days prior
to the commencement date of the special event or occasion, which requests
shall state the date or dates of the special event or occasion, the
nature of the special event or occasion, the provisions of this chapter
for which exemptions are requested, the reasons therefor and the estimated
number of hawkers, peddlers or solicitors it is anticipated will participate
in the special event or occasion.
[Amended 3-9-1992 by L.L. No. 1-1992; 11-27-1995; 2-10-2006 by L.L. No.
2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
It shall be unlawful for any person within the
corporate limits of the City of Jamestown to act as a hawker, peddler,
solicitor or transient retail business as herein defined without first
having obtained and paid for and having in force and effect a valid,
current license therefor.
A.
Any person desiring to procure a license as herein
provided shall file with the City Clerk/Treasurer a written application
prepared by the City Clerk/Treasurer and furnished by the City and
shall file at the same time satisfactory proof of good character and
satisfactory proof of compliance with § 1101 et seq. of
the Tax Law of the State of New York (sales tax). The application
shall give the number and kind of vehicles to be used by the applicant
carrying on the business for which the license is required, the registration
or other identification of any vehicles to be used, the kind of goods,
wares and merchandise the applicant desires to sell or the kind of
services the applicant desires to perform, the method of distribution,
the name, address and age of the applicant and the name and address
of the person, firm or corporation he represents. Such application
shall be accompanied by a certificate from the Sealer of Weights and
Measures of Chautauqua County certifying that all weighing and measuring
devices to be used by the applicant have been examined and approved,
or such application shall be accompanied by a statement that no weighing
and measuring devices will be utilized.
[Amended 3-9-1992 by L.L. No. 1-1992; 11-27-1995; 2-10-2006 by L.L. No.
2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
B.
An application for the license as a solicitor or transient retail business who demands, accepts or receives payment or deposit of any money in advance of final delivery shall also be accompanied by a bond to the City of Jamestown, approved as to form of surety by the Corporation Counsel, in a penal sum as provided in Chapter 175, Licenses and Permits, with a sufficient surety or sureties or sufficient collateral security conditioned for making a final delivery of the goods, wares and merchandise delivered or services to be performed in accordance with the terms of such order or, failing therein, that the advance payment of such order is refunded. Any person aggrieved by the action of any licensed solicitor or transient retail business shall have the right by action on the bond for the recovery of money or damages or both. Such bond shall remain in full force and effect, and in the case of a cash deposit, such deposit shall be retained by the City of Jamestown, for a period of 90 days after the expiration of any such license, unless sooner ordered released by the Mayor.
[Amended 8-10-1992 by L.L. No. 2-1992]
C.
When an application is filed pursuant to this chapter,
the City Clerk/Treasurer shall cause an investigation to be made by
the Police Department to ascertain the validity of the information
provided on such application. The Chief of Police shall furnish to
the City Clerk/Treasurer, in writing, the information derived from
such investigation.
[Added 7-23-2007; amended 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
A.
Upon the filing of the application, bond and certificate as provided by § 204-4, the City Clerk/Treasurer shall issue to the applicant a license as provided in § 204-3, signed by the City Clerk/Treasurer.
[Amended 3-9-1992 by L.L. No. 1-1992; 11-27-1995; 2-10-2006 by L.L. No.
2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
B.
Except as hereinafter provided, no license shall be
refused except for a specific reason and for the protection of the
public health, safety, morals and general welfare.
C.
A license shall not be assignable. Any holder of such
license who permits it to be used by any other person and any person
who uses such license granted to any other person shall be guilty
of a violation of this chapter.
D.
Whenever a license shall be lost or destroyed on the part of the holder or his or her agent or employee, a duplicate in lieu thereof under the original application and bond may be issued by the City Clerk/Treasurer upon the filing with the City Clerk/Treasurer by the licensee of an affidavit setting forth the circumstances for the loss and what, if any, search has been made for its recovery. The fee for issuing a duplicate license as herein provided shall be as provided in Chapter 175, Licenses and Permits.
[Amended 3-9-1992 by L.L. No. 1-1992; 8-10-1992 by L.L. No. 2-1992; 11-27-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
E.
All licenses shall be issued on forms provided by
the City Clerk/Treasurer, numbered in the order in which they are
issued, and shall state clearly the kind of vehicle to be used, the
kind of goods, wares and merchandise to be sold or services to be
rendered, the number of the license, the dates of issuance and expiration
of the license, the fee paid and the name and address of the licensee.
Such license shall automatically expire on December 31 following the
date of issuance of such license.
[Amended 3-9-1992 by L.L. No. 1-1992; 11-27-1995; 2-10-2006 by L.L. No.
2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
F.
Such license shall include the right to use only one
vehicle in carrying on the business for which the person is licensed.
G.
No license shall be granted to a person under 18 years
of age.
H.
No applicant to whom a license has been refused or
who has had a license which has been revoked shall make further application
until a period of at least six months shall have elapsed since the
last previous rejection or revocation, unless such applicant can show
that the reason for the rejection no longer exists.
I.
Every licensee, while exercising his or her license,
shall carry the license with him or her and shall exhibit the same
upon demand.
J.
The license shall be issued in triplicate. A duplicate
copy thereof shall be furnished to the Chief of Police, and the third
copy shall be retained by the City Clerk/Treasurer.
[Amended 3-9-1992 by L.L. No. 1-1992; 11-27-1995; 2-10-2006 by L.L. No.
2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
K.
Any licensee using a horse and wagon or motor vehicle
may employ two persons and no more to assist in selling and delivering
the wares, but such persons shall so act only while accompanying a
licensed peddler, hawker or solicitor.
L.
This chapter shall not apply so as unlawfully to interfere with interstate commerce, and to that end all persons claiming to be engaged in interstate commerce shall apply to the City Clerk/Treasurer for a certificate of compliance, using the form of application described in § 204-4; the applicant shall also submit to the City Clerk/Treasurer satisfactory evidence that he or she is engaged in interstate commerce.
[Added 4-10-1995; amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
M.
When the applicant shall have established to the satisfaction
of the City Clerk/Treasurer that he or she is engaged in interstate
commerce, the City Clerk/Treasurer shall issue to him or her, without
charge, a certificate of compliance, stating, among other things,
that such person has complied with the requirements of this section
and has satisfactorily established that he or she is engaged in interstate
commerce. Such certificate shall be carried with the person exercising
it and shall be exhibited upon demand. Each such certificate shall
be invalid after one year from its date of issue. The securing of
any such certificate by fraud or misrepresentation by any person not
in fact engaged in interstate commerce shall constitute a violation
of this chapter.
[Added 4-10-1995; amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
N.
Not-for-profit, charitable or religious corporations
shall be exempt from the licensing requirements of this chapter including
the payment of fees. Before commencing any fund drive the organization
shall file with the City Clerk/Treasurer and the Police Chief the
dates of solicitation. Individuals soliciting for not-for-profit,
charitable and religious purposes must refrain from soliciting if
the premises is posted with a sign bearing the words "No Peddlers,"
"No Solicitor" or similar words.
[Added 4-10-1995; amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
[Amended 8-10-1992 by L.L. No. 2-1992]
All vehicles, including but not limited to automobiles,
trucks, trailers, pushcarts or wagons, used by a licensee in the exercise
of his or her license shall be marked on both sides with the number
corresponding to the number of his or her current license and the
words "Licensed Vendor" in plain letters and figures at least two
inches in length and of such color as to be plainly read at a distance
of at least 10 feet.
Each licensee shall carry his or her valid,
current license and exhibit the same to any police officer or customer
or prospective customer or agent or officer of the City of Jamestown
on demand. Agents of a licensee shall carry a photographic duplicate
of the licensee's current license and produce the same on demand to
the same individuals herein specified.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
The Mayor may at any time for a violation of
this chapter or any other ordinance or any law revoke any license.
When a license shall be revoked, no refund of any portion of the license
fee shall be made. Notice of such revocation and the reason or reasons
therefor, in writing, shall be served by the Mayor upon the person
named in the application or by mailing the same to the address given
in the application and upon filing a copy of such notice with the
City Clerk/Treasurer.
A licensed hawker, peddler or solicitor shall:
A.
Not falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale nor offer for
sale any unwholesome, tainted or diseased provisions or merchandise.
B.
Keep the vehicles and receptacles used by him or her
in a clean and sanitary condition and the foodstuffs and edibles offered
for sale well covered and protected from dirt, dust and insects and,
in so doing, shall abide by any sanitary regulations or other applicable
regulations of the Chautauqua County Health Department relative to
the sale and display of foodstuffs.
C.
Within the central business district of the City of
Jamestown, refrain from the blowing of any horn, ringing of any bell
or the use of any other noisy device to attract public attention to
his or her wares or from shouting or crying out his or her wares.
D.
Within the central business district of the City of
Jamestown, not stand nor permit the vehicle used by him or her to
stand in any place other than those places or areas designated by
the Public Safety Committee of the City Council of the City of Jamestown
for the hawking, peddling or soliciting of food, goods, wares or merchandise,
and shall move the vehicle used by him or her on the half-hour a distance
of not less than 50 feet from said vehicle's last prior location.
E.
Notwithstanding any other provisions of this chapter,
not stand nor permit the vehicle used by him or her to stand in front
of any premises for any time if the owner or lessee of the ground
floor thereof objects.
F.
Within the central business district of the City of
Jamestown, not hawk, sell, peddle or solicit any food, goods, wares
or merchandise from any vehicle having a size greater than five feet
in length, height or width.
H.
Not use any electricity from any lightpole or any
other utility of the City of Jamestown.
I.
Not sell any confectionery or ice cream within 250
feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on
school days.
J.
Not permit any vehicles used by him or her to stop
or remain on any crosswalk.
K.
Not create or maintain any booth, stall or stand or
place any boxes, barrels, crates or other obstructions upon any street
or public place for the purpose of selling or exposing for sale any
food, goods, wares or merchandise.
L.
Not sell, barter or offer for sale or barter or carry
or expose for sale or barter any goods, wares or merchandise in or
along or within the distance of 300 feet of the streets, avenues and
ways constituting the designated line of march of any parade conducted
in the observance of Memorial Day, whether held on the 30th day of
May in any year or otherwise, during the hours of 8:00 a.m. to 2:00
p.m. on the day such parade is held.
M.
Not conduct any business between the hours of 9:00
p.m. and 9:00 a.m. on any public street or public place or by going
from house to house or place of business on foot or on or from any
animal or vehicle nor sell or barter, offer for sale or barter nor
carry or expose for sale or barter any goods, wares or merchandise,
except milk, newspapers and periodicals.
All orders taken by licensed solicitors who
demand, accept or receive payment or deposit of money in advance of
final delivery shall be in writing, in duplicate, stating the terms
thereof and the amount paid in advance, and one copy shall be given
to the purchaser at the time the deposit of money is paid to the solicitor.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
It shall be the duty of the City Clerk/Treasurer
to keep a record of all applications and of all licenses granted under
the provisions of this chapter, giving the number and date of each
license, the name and residence of the person licensed, the amount
of the license fee paid and also the date of revocation of all licenses
revoked.
By acceptance of a license herein authorized,
the holder thereof agrees to indemnify and hold the City of Jamestown
and its officers, employees, agents and servants harmless from any
and all liability for property damage, personal injury and/or death
which may result to the licensee or any third party in the licensee's
performance of the rights granted to the licensee by virtue of the
license or licenses authorized herein. No liability shall inure to
the City of Jamestown or its officers, employees, agents or servants
for any wrongful act done or committed by any licensee or holder of
the licenses herein authorized.
[Amended 8-10-1992 by L.L. No. 2-1992]
Any person who, himself or by his or her clerk, agent or employee, shall act as a hawker, peddler or solicitor or shall operate a transient retail business as herein defined without a license or who shall violate any of the provisions of this chapter or who, having had his or her license revoked, shall continue to act as a hawker, peddler or solicitor or shall operate a transient retail business shall, upon conviction, be punished by a fine as provided in Chapter 1, General Provisions, Article I, Penalties. Each day on which such violation continues shall constitute a separate offense.
