[HISTORY: Adopted by the City Council of the City of Ogdensburg
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-1975 as
Ch. 17 of the 1975 Ogdensburg Municipal Code]
As used in this Article, the following terms shall have the
meanings indicated:
Include, except as hereinafter expressly provided, any person,
either principal or agent, who from any public street or public place
or by going from house to house or place of business to place of business,
on foot or on from vehicle, sells or barters, offers for sale or barters
or carries or exposes for sale or barter any goods, wares or merchandise,
books, magazines, periodicals or any other item or items of value,
except milk, newspapers and food distributed on regular customer routes.
Includes any person who goes from place to place or house
to house or by telephone or stands in any street or public place taking
or offering to take orders for goods, wares or merchandise, books,
magazines, periodicals or any other item or items of value (except
newspapers or milk), or for services to be performed in the future,
or for making, manufacturing or repairing any article or thing whatsoever
for future delivery. The term "solicitor" shall, however also mean
and include any person taking or offering to take orders for goods,
wares or merchandise, books, magazines, periodicals or any other item
or items of value (except newspapers or milk), or for services to
be performed in the future or for making, manufacturing or repairing
any article or thing whatsoever for future delivery at the home or
residence of any person who has been solicited prior thereto by telephone
or has responded to any type of advertising media requiring an appointment
or consultation or sales presentation in the home or place of residence
of such person.
A.
Nothing in this Article shall be held to apply to:
(1)
Any sales conducted pursuant to statute or by order of any court.
(2)
Any person selling personal property at wholesale to dealers in such
articles.
(3)
Persons under the age of 18 years.
(4)
Peddling of meats, fish, fruit and farm produce by farmers and persons
who produce such commodities.[1]
[1]
Editor's Note: Original Subsection A5, which immediately followed this subsection and dealt with persons licensed under § 32 of the General Business Law, was deleted 5-14-1990. In addition, original Subsection B, which dealt with nonprofit organizations and also followed this subsection, was deleted 12-7-1992 by L.L. No. 3-1992.
B.
This Article shall also not apply so as unlawfully to interfere with
interstate commerce.
It shall be unlawful for any person within the corporate limits
of the city to act as a hawker, peddler or solicitor as herein defined
or assist the same without first having obtained and paid for and
having in force and effect a license therefor.
A.
Any person desiring to procure a license as herein provided shall
file with the City Clerk a written application upon a form furnished
by the City Clerk and shall file at the same time satisfactory proof
of good character. Such application shall give:
(1)
The number and kind of vehicle to be used by the applicant in carrying
on the business for which the license is desired.
(2)
The kind of goods, wares and merchandise he desires to sell or the
kind of service he desires to perform.
(3)
The method of distribution.
(4)
The name, address and age of the applicant.
(5)
Whether or not the applicant has been convicted of a misdemeanor
or felony, and if so, give date of conviction, nature of offense,
penalty imposed and the name and address of the court.
(6)
The name and address of the person, firm or corporation he represents.
(7)
The length of time the applicant desires the license.
(8)
An endorsement in writing by two reputable citizens of the State
of New York certifying to the good reputation of the applicant.
B.
If applicable, such application shall be accompanied by a certificate
from the Sealer of Weights and Measures certifying that all weighing
and measuring devices to be used by the applicant have been examined
and approved.
An application for a license as a solicitor who demands, accepts
or receives payment or deposit of money in advance of final delivery
shall also be accompanied by a cash deposit of $5,000 or a surety
company bond of $5,000 or other bond secured by sufficient collateral,
said bond to be approved by the City Attorney as to form and surety
conditioned for making a final delivery of the goods, wares or merchandise
ordered or services to be performed in accordance with the terms of
such order or failing therein that the advance payment on such order
be refunded. Any person aggrieved by the action of any licensed solicitor
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 case of a cash deposit, such deposit shall be retained by the
city for a period of 90 days after the expiration of any such license,
unless sooner released by the City Council.
Upon the filing of the application, bond and certificate as provided in the preceding section, the City Clerk shall, upon approval of such application, issue to the applicant a license as provided in § 157-3. A license may be refused if the applicant shall have been convicted of a misdemeanor or felony, which in the judgment of the City Clerk renders the applicant unfit or undesirable to carry on the trade or occupation for which the license is sought. The City Clerk may also refuse a license to any person who in his judgment shall be an undesirable person or incapable of properly conducting the trade or business for which a license is sought.
A license shall not be assignable. Any holder of any license
who permits it to be used by any other person and any person who uses
such license granted to any other person shall each be guilty of a
violation.
Whenever a license shall be lost or destroyed on the part of
the holder or his agent or employee, a duplicate in lieu thereof,
under the original application and bond, may be issued by the City
Clerk upon the filing with him by the licensee of an affidavit setting
forth the circumstances of the loss, and what, if any, search has
been made for its recovery.
All licenses shall be issued from a properly bound book with
proper reference stubs kept for that purpose, numbered in that 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
service to be rendered, the number of his license, the date of issuance
and expiration of the license, fee paid and the name and address of
the licensee.
[Amended 9-28-2009 by Ord. No. 12-2009]
Such license shall be for such term as requested by the applicant
but shall expire not later than the 31st day of December following
the date of issuance of such license.
Every licensee, while exercising his license, shall carry the
license with him and shall exhibit the same upon demand.
[Amended 12-7-1992 by L.L. No. 3-1992; 9-28-2009 by Ord. No. 12-2009]
A.
The license fee for each person licensed as a hawker, peddler or
solicitor for a period of up to one year shall be $75.
B.
The license fee for each person licensed to assist a hawker or peddler
or solicitor shall be $25 for a period of up to one year. For the
purpose of this Article, a "person who assists a hawker, peddler or
solicitor" shall be deemed to be any person who participates in delivering
merchandise or any other items sold, performs any services in or about
the customer's premises or otherwise generally renders aid or
assistance, except participation in selling or soliciting orders.
The City Manager may, at any time for a violation of this Article
or any other law, revoke any license. When a license shall be revoked,
no refund of any unearned portion of the license fee shall be made.
Notice of such revocation and the reason or reasons therefor in writing
shall be served 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.
A.
It shall be unlawful for any person to enter upon private property
for the purpose of peddling or soliciting before the hour of 9:00
a.m. of any day or after the hour of 7:00 p.m. of any day except upon
the invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor in plying his trade
to ring the bell or knock upon or enter any building whereon there
is painted or otherwise affixed or displayed to public view any sign
containing any or all of the following words: "No Peddlers," "No Solicitors,"
"No Agents" or other wording, the purpose of which purports to prohibit
peddling or soliciting on the premises.
C.
No peddler or solicitor shall peddle, vend or sell his goods or wares
within 200 feet of any place occupied exclusively as a public or private
school or for school purposes, nor shall be permit his cart, wagon
or vehicle to stand on any public highway within said distance of
such school property.
D.
No peddler or solicitor shall falsely or fraudulently misrepresent
the quantity, character or quality of any article offered for sale.
No person shall by any trick or device or by any false representation
obtain or attempt to obtain admission to the house or garage of any
person or corporation in the city.
E.
No peddler or solicitor shall blow a horn, ring a bell or use any
other noisy device to attract public attention to his wares or shout
or cry out his wares.
F.
It shall be unlawful to create or maintain any booth or stand or
place any barrels, boxes, crates or other obstruction upon any street
or public place for the purpose of selling or exposing for sale any
goods, wares or merchandise.
G.
No peddler or solicitor shall represent or state or otherwise indicate
that he is not intending to sell or otherwise enter into a contract
with any person in the household.
H.
No peddler or solicitor shall, in order to effectuate or assist in
any sale or solicitation, represent that he is engaged in any contest
or in any way attempt to induce a sale or solicitation by appealing
to the sympathies of the person so solicited.
I.
Any contract or sale made in violation of Subsections D, G or H shall be null and void and of no effect as to the person solicited, and the merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his principal.
J.
A peddler or hawker shall keep the vehicle and any receptacles used
by him in a clean and sanitary condition and any foodstuffs and edibles
offered for sale well covered and protected from dirt, dust and insects.
K.
A peddler or hawker shall not stand or permit the vehicle used by
him to stand in any public place or street for more than 10 minutes,
or in front of any premises for any time if the owner or lessee of
the ground floor thereof objects.
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 made 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 is paid to the solicitor.
It shall be the duty of the City Clerk to keep a record of all
applications and of all licenses granted under the provisions of this
Article giving the number and date of each license, the fee paid and
the date of revocation of all licenses revoked.
A violation of any provision of this Article is hereby declared
to be a violation and shall be punishable by a fine not exceeding
$250 or imprisonment of not more than 15 days, or both.
[Adopted 4-27-1992]
As used in this Article, the following terms shall have the
meanings indicated:
The City of Ogdensburg, New York.
The City Council of the City of Ogdensburg.
A series of related events or performances conducted on City
property, sidewalks, streets and other public rights-of-way, including
but not limited to festive activities, cultural events, exhibitions,
farmer's market, green market, craft market, competitions, collections
of shows, live entertainment and other amusement enterprises and/or
the dispensation of food, which is open to the public at large.
[Amended 7-9-2007 by Ord.
No. 6-2007]
The permission in writing of the City Clerk of the City of
Ogdensburg, issued in accordance with the provisions of this Article
or other applicable law, to carry on a festival.
Every natural person, copartnership, association or corporation,
whether profit or nonprofit.
The person or entity who executes the application of a license
to conduct a festival.
A person who operates, during the life of the license, a
booth or stand, or otherwise occupies space in which he conducts games
of skill or chance or dispenses food and beverage, merchandise or
the like.
A.
The purpose of this Article is the regulation through licensing and
inspection of festivals and affairs of like nature to be conducted
in the City of Ogdensburg on public streets, sidewalks, rights-of-way
and/or other city property, for the protection of the health, welfare
and safety of the public in general.
A.
No license for a festival or other activity of a similar nature shall
be considered or issued unless and until the sponsor desiring to conduct
the affair shall have made and signed a written application to the
City Clerk for an operator's license, in the form provided by
the city, and paid the proper fee therefor when required, not less
than two weeks prior to the first day of operation of the proposed
festival.
B.
The issuance of the festival operator's license shall be further
conditioned upon the following:
(1)
The sponsor's requesting and obtaining from the City Council
of the City of Ogdensburg permission to close the street or streets
necessary to conduct the festival.
(2)
The sponsor's requesting and obtaining from the City Council
of the City of Ogdensburg permission to use property owned by the
city as well as sidewalks and other rights-of-way.
(3)
The sponsor's and/or vendor's executing an indemnification
agreement on behalf of the City, substantially as follows:
The sponsor and/or vendor hereby represent, stipulate, contract
and agree that they do jointly and severally indemnify and hold harmless
the City of Ogdensburg against liability for any and all claims for
damages to property or injury to or death of persons arising out of
or resulting from the issuance of the license or conduct of the public
at and during the life of the festival.
(4)
Approval by the Fire Department, upon a satisfactory examination
of the premises, with respect to compliance with regulations as hereinafter
set forth in the fire prevention section of this Article.
(5)
The sponsor's depositing with the City Clerk at the time of
the filing of the application, in cash or by certified check made
payable to the City of Ogdensburg, the sum of $500 to guarantee that,
upon the termination of the festival, the general area where the affair
has been conducted will be left in good condition, cleaned up and
cleared of all paper, waste material and debris within two days from
the termination of the festival. If the sponsor fails to meet this
requirement, the city, in its discretion, shall clean and restore
the area to pre-festival condition, deducting the moneys spent thereon
from the deposit aforementioned.
A.
If the sponsor is determined to be a wholly nonprofit entity, a minimum
licensing fee of $25 shall be charged. A fee of $500 shall be charged
in all other instances for a festival operator's license.
B.
Except in those instances where the sponsor is a wholly nonprofit
entity, the fee for a vendor's license shall be the sum of $50
per day.
C.
The preceding fees shall be payable in advance to the City Clerk.
D.
In addition thereto, vendors intending to operate food and beverage
stands shall be required to obtain a license, if required, from the
New York State Health Department and pay any fee required by the health
and sanitary laws of the State of New York.
A.
All health and sanitary requirements, regulations and licensing shall
be adhered to by the sponsors and/or vendors of the festival, as provided
for in the Sanitary Codes of the City of Ogdensburg, the County of
St. Lawrence and the State of New York, which are incorporated by
reference herein as if fully set forth.
B.
In addition thereto, the operator of a festival shall provide a sufficient
number of temporary or permanent toilet facilities for the use of
vendors and the use of the public, such number to be determined in
the discretion of the City Clerk.
A.
The sponsor and/or vendors shall, with the consent of the Fire Department,
be authorized to install, hook and connect to fire hydrants specially
marked by the Fire Department a master hose or water-carrying device
to supply water to booths and stands operating at the festival, subject
to the following provisions:
(1)
The Fire Department, in its sole discretion, shall determine which
fire hydrants will be used as hereinabove stated.
(2)
The sponsor and/or vendors shall maintain all fire hydrants within
the perimeter of the festival free and clear of any obstruction, with
the closest object located next to a fire hydrant at no less than
two feet in any direction from its geometrical center.
(3)
The sponsor and/or vendors shall meet and observe at all times the
requirements of the Water Department of the City of Ogdensburg.
B.
The sponsor and/or vendors, while operating a booth or stand in which
there is heating or cooking apparatus for the preparation of food,
shall keep at all times, in a visible, easily accessible location
within the booth or stand, a fully charged fire extinguisher of the
kind classified as "ABC."
C.
All doors or gates on entrances to and exits from the premises where
the festival shall be conducted shall be kept open and unobstructed
during the hours of operation of the festival in order to facilitate
the rapid ingress or egress of all persons attending in case of emergency.
D.
It shall be the duty of the sponsor, before the license shall be
issued, to provide the City Clerk, the Fire Department and the Police
Department with a sketch depicting the following:
(1)
Location of all fire hydrants within the perimeter of the festival.
(2)
The physical layout of booths, stands, amusement rides and the lanes
of traffic that shall hereinafter be set forth, showing the dimensions
of said booths and stands and the location and size of the area which
the amusement rides will occupy. This must be provided at least seven
days prior to the start of a festival to the Police and Fire Departments
and the City Clerk.
E.
After the sponsor has assigned the individual booths and stands to
the vendors and the areas used for amusement rides to the operators,
it shall be the duty of said sponsor, at least 24 hours prior to the
first day of the festival, to provide the City Clerk and the Police
Department with the list in which the names, addresses and locations
of the vendors and operators of amusement rides shall be set forth
as well names, dates of birth and addresses of all employees of all
vendors and operators.
F.
It shall be the obligation and duty of the sponsor to maintain, during
the duration of the festival, an unimpeded and unobstructed lane for
emergency traffic, at least 10 feet in width, for the rapid ingress
and egress of vehicles required for emergencies or other governmental
purposes.
A.
All electrical requirements, regulations and licensing shall be adhered
to by the sponsors and/or vendors of the festival, as provided for
in the Electrical and Building Codes of the City of Ogdensburg which
are hereby incorporated by reference as if fully set forth.
B.
Where electrical power is requested from and provided by the City
of Ogdensburg for ride, amusements and concessions through a city
facility, a fee of $25 per day shall be charged for the provision
of such electrical power. This fee shall be payable in advance.
A.
No alcoholic beverages shall be sold or served at any street festival,
excluding Farmer's Market events. No games of skill or chance
shall be conducted during the operation of the festival unless and
before the sponsor or the vendors obtain a proper and legal license
to conduct games of skill or chance from the State of New York, the
city or any other regulatory agency.
[Amended 4-13-2015 by Ord. No. 5-2015]
B.
The sponsor and vendors receiving such licenses to conduct games
of skill or chance shall be conclusively presumed to be cognizant
of the provisions of state rules and regulations in regard thereto
and all applicable federal, state and municipal laws, rules and regulations
regarding the operation of games of skill and chance, all of which
are incorporated herein by reference as if fully set forth.
A.
The duration of a license for a festival shall be for not more than
10 consecutive days or for one day per week for not more than 26 consecutive
weeks, after which period it shall lapse.
[Amended 7-9-2007 by Ord.
No. 6-2007]
B.
The hours in which it shall be lawful to operate or permit the operation
of a festival in the City shall be between the hours of 11:00 a.m.
and 11:00 p.m., Monday to Saturday; and 1:00 p.m. to 11:00 p.m. on
Sunday.
C.
Vendor sales will be permitted between 11:00 a.m. and 11:00 p.m.
Monday to Friday and 8:00 a.m. to 11:00 p.m. on Saturday and Sunday.
A.
If requested by the City Clerk, it shall be the duty of the sponsor
to furnish the city, not later than 90 days from the last day of the
operation of the festival, with a detailed financial statement submitted
by the chief financial officer of the sponsor, in a form and manner
satisfactory to the City Attorney. This financial record, with a profit
and loss statement in the form of an affidavit attached, shall include
but not be limited to fees and sources thereof, rental derived, donations
received by the sponsor and other pertinent data.
B.
Failure to provide this data upon request, to wit, the financial
statement in the manner set forth, shall preclude the sponsor from
applying for and receiving a festival license for future operations
until such requirements have been met and to such other penalty or
fines as set forth herein.
A.
The operator's license or any vendor's license may be revoked
by the City Clerk at any time during the life of such license for
any violation by the operator or individual vendor of any provision
of this Article or any violation of the Code of the city or any other
applicable state or federal law, in addition to the penalties set
forth in the general penalties section of this Article.
B.
Anything to the contrary in this section notwithstanding, in the
cases of revocation of food and beverage vendors' licenses, such
revocation shall be at the discretion of the appropriate health or
regulatory authority.
A.
Before any license shall be granted, the sponsor shall provide and
deposit with the City Clerk a public liability insurance policy in
an amount to be determined by the City Manager of the City of Ogdensburg,
but in no event to be less than the amount of $1,000,000, single limit,
naming the sponsor and the City of Ogdensburg as coinsured.
B.
In addition thereto, the sponsor shall hold the city harmless from
any and all claims or judgments recovered against him or the city
in any court of competent jurisdiction in excess of the amount of
insurance required by the city, or if the maximum is required, for
all claims in excess of said one-million-dollar single-limit-liability
insurance policy.
A violation by the sponsor or any vendors of the provisions
of this Article, upon conviction thereof, in addition to the forfeiture
of the license, shall be punished by a fine of not less than $100
nor more than $500 or by imprisonment not exceeding 14 days, or both,
per violation, such fine and imprisonment to be in the discretion
of the court.
