[HISTORY: Adopted by the Common Council of
the City of Cohoes as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Advertising materials — See
Ch. 96.
Secondhand dealers — See Ch. 222.
[Adopted 7-26-2005 by L.L. No. 4-2005[1]]
[1]
Editor's Note: This local law also repealed former Ch. 198, Peddling and Soliciting, which was comprised of Art. I, Transient Merchants, adopted 12-2-1924 by Ord. No. 1090, as amended, Art. II, Hawking, Peddling and Soliciting, adopted 7-6-1938 by Ord. No. 211, as amended, and Art. III, Solicitation of Funds, adopted 6-11-1985 by Ord. No. 39-1985, as amended.
As used in this article, the following terms
shall have the meanings indicated:
Patriotic, philanthropic, social service, health, welfare,
benevolent, educational, civic, cultural, or fraternal.
Alms, money, subscription, property, or any donations.
Any person who goes upon the premises of any private residence,
not having been invited by the occupant, carrying or transporting
goods, wares, merchandise or personal property of any nature and offering
the same for commercial sale. This includes any person who solicits
orders as part of a commercial enterprise and as a separate transaction
makes deliveries to purchasers.
A person, corporation, partnership, association, company,
society, club, or organization, and all other entities of any kind
capable of being sued.
Any person who goes upon the premises of any private residence,
not having been invited by the occupant, to request contribution of
funds or anything of value, or to sell goods or services in connection
with political, charitable, religious or other noncommercial purposes,
including the distribution of handbills.
It shall be unlawful for any person to engage
in peddling or commercial activities with the City of Cohoes without
first obtaining a permit issued by the City Clerk.
[1]
Editor’s Note: Former § 198-3, Juvenile peddlers,
as amended, was repealed 5-10-2011 by L.L. No. 4-2011.
[Amended 7-11-2006 by Ord. No. 9-2006; 10-26-2010 by L.L. No.
5-2010; 5-10-2011 by L.L. No. 4-2011]
Every person described in § 198-2 of this article shall file with the Clerk an application in writing on a form to be furnished by the Clerk. The application shall be signed and sworn to by the applicant and filed with the Clerk as a permanent record. The Clerk shall immediately forward a copy of said application to the Chief of Police for his/her review. After a review by the Chief of Police, the application will be subject to the approval of the Clerk. The Clerk or Chief of Police is hereby authorized and empowered to require the following information:
A.
Proof of
age, address and identification of the applicant in the form of appropriate
photo identification such as driver's license or passport, a photocopy
of which shall be retained;
B.
A brief
description of the business or activity to be conducted;
C.
The hours
and location for which the right to peddle is desired;
D.
If employed,
the name, address and telephone number of the employer; or if acting
as an agent, the name, address and telephone number of the principal
who is being represented, with credentials in written form establishing
the relationship and the authority of the employee or agent to act
for the employer or principal, as the case may be;
E.
A statement
as to whether or not the applicant is a registered sex offender and
other pertinent details thereof;
F.
Proof of
possession of any license or permit which, under federal, state or
local laws or regulations, the applicant is required to have in order
to conduct the proposed business, or which, under any such law or
regulation, would exempt the applicant from the permitting requirements
of this article.
[1]
Editor's Note: Former § 198-5, Fingerprints
to accompany application, was repealed 7-11-2006 by Ord. No. 9-2006.
[1]
Editor's Note: Former § 198-6, Purpose
of taking photographs and fingerprints, was repealed 7-11-2006 by
Ord. No. 9-2006.
[Amended 7-11-2006 by Ord. No. 9-2006; 10-26-2010 by L.L. No.
5-2010; 5-10-2011 by L.L. No. 4-2011]
A.
At the time the application is filed with the Clerk,
the applicant shall pay a fee to cover the cost of processing the
application and investigating the facts stated therein. The permit
fee shall be $50 per year for each peddler.
B.
This fee provision shall not apply to persons soliciting
orders for goods to be shipped into the state, or otherwise involved
in interstate commerce.
C.
This fee provision shall not apply to any New York
resident who is a veteran or the resident surviving spouse of a veteran.
[Amended 7-11-2006 by Ord. No. 9-2006; 10-26-2010 by L.L. No.
5-2010; 5-10-2011 by L.L. No. 4-2011]
All peddlers requiring cash deposits for the
sale of any goods, services, or merchandise for future delivery, or
for services to be performed in the future, shall furnish to the Clerk
a bond in the amount equal to the value of the goods, services, or
merchandise for future delivery, or for services to be performed in
the future, from a company licensed by the State of New York, or cash
to be put in escrow in the same amount.
[Amended 7-11-2006 by Ord. No. 9-2006]
A.
Applications for a permit required by this article,
with photographs attached, shall forthwith be sent to the Chief of
Police by his designee if not already in his possession.
B.
Upon satisfactory fulfillment of the requirements
of this article, there shall be issued to the applicant, by the Clerk,
a permit which shall be in such form as to contain a photograph and
signature of the permittee. Each permit shall be stamped by the Seal
of the City upon at least a portion of the photograph.
C.
All permits issued under this article shall be numbered
in the order in which they are issued and shall contain the name,
address, and employer of the permittee, the kind of goods or services
to be peddled, and the dates of issuance and expiration of the permit.
[Amended 10-26-2010 by L.L. No. 5-2010]
A.
Upon the
Police Chief’s and Clerk’s review of the application,
the Clerk may refuse to issue a permit to the applicant under this
article for any of the following reasons:
(1)
The
time of peddling would endanger the safety and welfare of the peddlers
or their customers;
(2)
An
investigation reveals that the applicant falsified information on
the application;
(3)
No
permit shall be issued to a person who is a registered sex offender.
The provisions of Articles 23 and 23-A of the New York State Correction
Law shall be considered by the Chief during his review of the applicant's
history;
[Amended 5-10-2011 by L.L. No. 4-2011]
(4)
The
applicant is a person against whom a judgment based upon, or conviction
for, fraud, deceit or misrepresentation has been entered within the
five years immediately preceding the date of application;
(5)
The
applicant offers no proof of authority to serve as an agent; or
(6)
The
applicant has been denied a permit under this article within the immediate
past year, unless the applicant can and does show to the satisfaction
of the Clerk that the reasons for such earlier denial no longer exist.
B.
The Clerk’s
disapproval and the reasons for disapproval shall be noted on the
application, and the applicant shall be notified that his application
is disapproved and that no permit will be issued. Notice shall be
mailed to the applicant at the address shown on the application form,
or at the applicant’s last known address.
All permits issued under the provisions of this
article shall expire one year from the date of issuance, unless an
earlier expiration date is noted on the permit.
At the same time the permit is issued, the Clerk
shall issue to each permittee a badge, which shall be worn by the
permittee in such a way as to be conspicuous at all times while the
permittee is soliciting or peddling in the municipality.
Every person required to obtain a permit under
the provisions of this article shall exhibit the permit when requested
to do so by any prospective customer or individual.
It shall be unlawful for any person other than
the permittee to use or wear any permit or badge issued under the
provisions of this article.
Solicitors seeking funds, sales, or donations
of anything of value, although not required to obtain a permit, shall
register with the City Clerk. Such registration shall state the identification,
address, and age of each person soliciting; the organization being
represented, if applicable, and the business address of same; a brief
description of the activity to be conducted; the hours and location
for which the solicitation will take place. Such registration will
be kept by the Clerk as a record.
It shall be unlawful for any person, whether
licensed or unlicensed, while conducting the business of a peddler
or solicitor, to enter upon any residential premises in the City of
Cohoes where the owner, occupant or person legally in charge of the
premises has posted, at the entry to the premises, or at the entry
to the principal building on the premises, a sign bearing the words
"No Peddlers," "No Solicitors," or words of similar import. A "No
Peddlers or Solicitors" list shall be made available to residents
of the City at the Office of the City Clerk. Residents may sign up
on said list, and said list shall be presented to any prospective
solicitors or peddlers.
[Amended 10-26-2010 by L.L. No. 5-2010]
No person, while conducting the activities of
a peddler or solicitor, whether licensed or unlicensed, shall enter
upon any private property, knock on doors or otherwise disturb persons
in their residences from sunset to sunrise.
No person shall request a donation of money
or thing of value, or solicit or peddle in an aggressive manner, to
be defined as follows:
A.
Intentionally or recklessly making physical contact
with or touching another person in the course of the solicitation
without consent.
B.
Following the person being solicited if that conduct
is reasonably likely to intimidate the person being solicited or put
the person in fear of harm or a criminal act.
C.
Continuing to solicit within five feet of the person
being solicited after that person has made a negative response and
has asked the solicitor to discontinue.
D.
Intentionally or recklessly blocking the safe or free
passage of the person being solicited whether on foot, or in a vehicle,
or other means of transportation.
E.
Using obscene or abusive language or gestures while
soliciting a person.
F.
Soliciting within 15 feet of a bank, or automated
teller machine, during hours of business or operation, without the
expressed consent of the owner of the property.
Any permit issued under this article may be
revoked or suspended by the Clerk, after notice and hearing, for any
of the following reasons:
A.
Fraud, misrepresentation or false statement contained
in the application for a permit;
B.
Fraud, misrepresentation or false statement made by
the permittee in the course of conducting peddling activities;
C.
Conducting peddling activities contrary to the provisions
in the permit;
D.
Conviction for any crime involving moral turpitude;
or
E.
Conducting peddling activities in such a manner as
to create a public nuisance, constitute a breach of the peace or endanger
the health, safety or general welfare of the public.
Notice of a hearing for revocation of a permit
issued under this article shall be provided in writing and shall set
forth specifically the grounds for the proposed revocation and the
time and place of the hearing. Notice shall be mailed, postage prepaid,
to the permittee at the address shown on the permit application or
at the last known address of the permittee.
A.
Any person aggrieved by the action or decision of
the Clerk to deny, suspend or revoke a permit applied for under the
provisions of this article shall have the right to appeal such action
or decision to the Mayor, or his designee within 15 days after the
notice of the action or decision has been mailed to the person's address
as shown on the permit application form, or to his last known address.
B.
An appeal shall be taken by filing with the Clerk
a written statement setting forth the grounds for the appeal.
C.
The Clerk shall transmit the written statement to
the Mayor within 10 days of its receipt and the Mayor, or his designee,
shall set a time and place for a hearing on the appeal.
D.
A hearing shall be set not later than 20 days from
the date of receipt by the Mayor, or his designee, of the appellant's
written statement.
E.
Notice of the time and place of the hearing shall
be given to the appellant in the same manner as provided for the mailing
of notice of action or decision.
F.
The decision of the Mayor, or his designee, on the
appeal shall be final and binding.
The provisions of this article are declared
to be severable. If any section, sentence, clause, or phrase thereof
shall for any reason be held to be invalid or unconstitutional by
a court of competent jurisdiction, such decisions shall not affect
the validity of the remaining sections, sentences, clauses, and phrases
of this article, but they shall remain in effect; it being the legislative
intent that this article shall remain in effect notwithstanding the
validity of any part.
[Adopted 7-26-2005 by L.L. No. 4-2005]
As used in this article, the following terms
shall have the meanings indicated:
City Clerk.
Fruits, vegetables, farm products or provisions, dairy products,
fish, game, poultry, meat, plants, flowers, appliances, wearing apparel,
jewelry, ornaments, artwork, cosmetics and beauty aids, health products,
medicines, household needs or furnishings, food of any kind, whether
or not for immediate consumption, confections or drinks.
Any vehicle used for displaying, storing, or transporting
articles for sale by a vendor which is required to be licensed and
registered by the state clerk of motor vehicles of any state.
All City-owned parks and City-owned property within street
rights-of-way, including any roadways and sidewalks.
All areas legally open to public use such as public streets,
sidewalks, roadways, highways, parkways, alleys, parks, as well as
the areas surrounding and immediately adjacent to public buildings.
Any wheeled vehicle approved by the Clerk in accordance with
this article designed for carrying property and for being pushed by
a person without the assistance of a motor or motor vehicle.
All that area legally open to public use as a pedestrian
public way between the curbline and the legal building line of the
abutting property.
Any occasion, including but not limited to fairs, shows,
exhibitions, City-wide celebrations, and festivals taking place within
a specifically defined area of the municipality for a period of time
not to exceed three days.
Any showcase, table, bench, rack, handcart, pushcart, stall
or any other fixture or device that is used for the purpose of displaying,
exhibiting, carrying, transporting, storing, selling or offering for
sale any food, beverages, goods, wares or merchandise upon a sidewalk.
All that area legally open to public streets, and sidewalks,
roadways, highways, parkways, alleys and any other public way.
Every device in, upon, or by which a person or property may
be transported or drawn upon a street or sidewalk, including, but
not limited to, devices moved by human power.
Any person, traveling by foot, wagon, vehicle or any other
type of conveyance from street to street carrying, conveying, or transporting
goods, wares or merchandise and offering and exposing them for sale,
or making sales and delivering articles to purchasers; or who, without
traveling from place to place, exhibits, displays, sells or offers
for sale such products from a wagon, handcart, pushcart, motor vehicle,
conveyance or displays, sells or offers for sale such products from
a wagon, handcart, pushcart, motor vehicle, conveyance or from his
person while on the public ways of the City; includes any street vendor,
hawker, huckster, itinerant merchant or transient vendor. This definition
does not include a door-to-door peddler or solicitor, nor does this
definition include a "sidewalk sale" of an established business, nor
a "garage sale," "lawn sale," nor "estate sale," as they are commonly
known, at a private residence.
It shall be unlawful for any person to engage
in the business of vending unless he has first obtained a license
from the Clerk. All licenses shall be issued according to regulations
established by the Board of Managers.
[Amended 7-11-2006 by Ord. No. 9-2006]
The application for a vending license shall
contain, at a minimum, the following:
A.
The applicant's full name, current address, telephone
number and proof of identity in the form of appropriate photo identification
such as driver's license or passport, a photocopy of which shall be
retained, together with two unmounted, unaltered photographs of himself/herself
in such position as to show the head and shoulders of the applicant
in a clear and distinguishing manner. Photographs shall have been
taken within 60 days preceding the filing of his/her application,
and shall measure two inches by two inches.
B.
A brief description of the nature, character and quality
of goods, wares or merchandise to be offered for sale.
C.
The specific location, if any, in which the vendor
intends to conduct business.
D.
If the applicant is employed by another, the name
and address of the person, firm, association, organization, company
or corporation.
E.
If a motor vehicle is to be used, a description of
the vehicle together with the motor vehicle registration number and
license number.
F.
A complete listing of any other licenses or permits
issued to the applicant by the municipality within the five years
immediately preceding the date of the application.
G.
A statement as to whether or not the applicant has
been convicted of a felony, misdemeanor, or local law violation, the
nature of the offense or violation, the penalty or punishment imposed,
the date when and place where such offense occurred, and other pertinent
details thereof.
[1]
Editor's Note: Former § 198-27,
Fingerprints to accompany application, was repealed 7-11-2006 by Ord.
No. 9-2006.
[1]
Editor's Note: Former § 198-28,
Purpose of taking photographs and fingerprints, was repealed 7-11-2006
by Ord. No. 9-2006.
[Amended 7-11-2006 by Ord. No. 9-2006]
Any application for a vending license to engage
in the sale, whether for a charge or for free, of food or beverages
shall also be referred to the County Department of Health for approval
and issuance of a certificate of health inspection, or health permit,
in addition to the regular vending license. The applicant's equipment
shall be subject to inspections by the Health Department and the Clerk
at the time of application and at periodic intervals thereafter.
[Amended 7-11-2006 by Ord. No. 9-2006]
If the applicant wishes to utilize a City park
or other facility, the applicant may, in the discretion of the City
Clerk and Human Services Director, be required to fill out and execute
a use of municipal facilities form and provide proof of applicable
insurance.
[Amended 7-11-2006 by Ord. No. 9-2006]
A.
Applications for a license required by this article,
with photographs attached, shall forthwith be sent to the Chief of
Police by his designee if not already in his possession.
B.
The applicant shall be notified in writing by the Clerk of the decision to issue or deny the vending license not later than 10 days after the applicant has filed a completed application, or as soon as practicable. The reasons for denial set forth in § 198-10 of this chapter shall apply to this section unless otherwise superseded by this article.
C.
Upon satisfactory fulfillment of the requirements
of this article, there shall be issued to the applicant, by the Clerk,
a license which shall be in such form as to contain a photograph and
signature of the licensee. Each license shall be stamped by the Seal
of the City upon at least a portion of the photograph.
D.
Each license shall show the name and address of the
licensee, the type of license issued, the kind of goods to be sold,
the amount of the license fee, the date of issuance, the license number,
an identifying description of any vehicle or conveyance used by the
licensee plus, where applicable, the motor vehicle registration number.
Each license shall also show the expiration date of the license and
the vendor's plate number issued by the Clerk.
E.
In addition to the vending license and any other permit
required by the article, the Clerk shall issue an identification badge
to each vendor.
F.
All licenses, permit and identification badges issued
under this article are valid for one year, three months, or the duration
of the special event, unless suspended or revoked and shall be both
nonassignable and nontransferable.
[Amended 7-11-2006 by Ord. No. 9-2006]
Any vendor wishing to conduct business at a
special event shall apply to the Clerk for a temporary vending permit.
Application for such a permit must be made at least five days prior
to the beginning of the event for which the permit is sought. The
permit shall be valid only for the duration of the special event.
Fees for such permit shall be as specified herein. Any vendor to whom
a temporary permit is granted shall be subject to the same operating
regulations as all other vendors, except where otherwise specified.
[Amended 7-11-2006 by Ord. No. 9-2006]
A.
Any vendor granted a vending license under this article
shall pay an annual license fee of $500 or $125 for a three-month
period. Any vendor granted a temporary vending permit for special
events shall pay a fee of $30 for each day of vending permitted.
B.
This section shall not apply to:
(1)
Persons conducting business activities directly connected
with interstate commerce;
(2)
Persons conducting business activities that are exempt
under New York State law;
(3)
Vendors participating in special events conducted
or sponsored by civic, charitable, religious, patriotic, philanthropic,
social service, health, welfare, benevolent, educational, cultural,
fraternal, or not-for-profit organizations whose principal place of
business or activity is within the City of Cohoes.
A.
Any license or permit issued by the Clerk shall be
carried with the licensee whenever he is engaged in vending. Identification
badges and certificates of health inspection shall also be properly
and conspicuously displayed at all times during the operation of the
vending business.
B.
An identification badge shall be deemed to be properly
displayed when it is attached to the outer garment of the vendor and
clearly visible to the public and law enforcement officials. A certificate
of health inspection shall be deemed to be properly displayed when
attached to the vending pushcart, vehicle, stand or other conveyance,
and clearly visible to the public and law enforcement officials.
All vendors shall assure that a current and
correct name, residence address and mailing address are on file with
the Clerk. Whenever either the name or address provided by a licensed
vendor on his application for a vending license changes, the licensee
shall notify the Clerk in writing within 10 days of such change and
provide the same with the name change or address change.
Vendors shall be allowed to engage in the business
of vending only between the hours of 9:00 a.m. and 9:00 p.m. No vending
station, conveyance or other item related to the operation of a vending
business shall be located on any City sidewalk or other public way
during nonvending hours. Nor shall any vehicle be parked, stored or
left overnight other than in a lawful parking place.
A.
Vendors shall keep the sidewalks, roadways and other
spaces adjacent to their vending sites or locations clean and free
of paper, peelings and refuse of any kind generated from the operation
of their businesses. All trash or debris accumulating within 10 feet
of any vending stand shall be collected by the vendor and deposited
in a trash container.
B.
Persons engaged in food vending shall affix to the
vending station, vehicle, pushcart or other conveyance a receptacle
for litter that shall be maintained and emptied regularly and marked
as being for litter.
No vendor shall be permitted to operate in the
following areas of public space:
A.
Within five feet of any street intersection or pedestrian
crosswalk;
B.
Within 10 feet of any driveway, loading zone or bus
stop;
C.
Within 20 feet of another vending location assigned
to another vendor on a public sidewalk;
D.
Within a minimum of five feet of unobstructed pedestrian
space;
E.
In any area within 10 feet of a building entrance
or exit;
F.
On the median strip of a divided roadway;
G.
Against display windows of fixed location businesses;
H.
Any area within 50 feet of a hospital, college, university,
or school;
I.
Within 30 feet of any fire hydrant or fire escape;
or
J.
Within 15 feet of any parking space or access ramp
designated for persons with disabilities.
No person authorized to engage in the business
of vending under this article shall do any of the following:
A.
Unduly obstruct pedestrian or motor vehicle traffic
flow, except for up to 15 minutes to load and unload vending stations
and/or vending merchandise;
B.
Obstruct traffic signals or regulatory signs;
C.
Stop, stand or park any vehicle, pushcart or any other
conveyance upon any street for the purpose of selling during the hours
when parking, stopping and standing have been prohibited by signs
or curb markings;
D.
Leave any conveyance unattended at any time or store,
park, or leave such conveyance in a public space overnight;
E.
Use any conveyance that when fully loaded with merchandise
cannot be easily moved and maintained under control by the licensee,
his employee, or an attendant;
F.
Sound any device that produces a loud and raucous
noise or operate any loudspeaker, public address system, radio, sound
amplifier, or similar device to attract public attention, or otherwise
violate applicable noise restrictions in this City Code; or
G.
Conduct his business in such a way as would restrict
or interfere with the ingress or egress of the abutting property owner
or tenant, create a nuisance, increase traffic congestion or delay,
constitute a hazard to traffic, life or property, or obstruct adequate
access to emergency and sanitation vehicles.
A.
In addition to the penalties contained in this article,
a license issued pursuant hereto may be suspended for:
(1)
Fraud, misrepresentation or knowingly false statement
contained in the application for the license;
(2)
Fraud, misrepresentation or knowingly false statement
in the course of carrying on the business of vending;
(3)
Conducting the business of vending in any manner contrary
to the conditions of the license;
(4)
Conducting the business of vending in such a manner
as to create a public nuisance, cause a breach of the peace, constitute
a danger to the public health, safety, welfare or morals, or interfere
with the rights of abutting property owners; or
(5)
Cancellation of health authorization for a food or
beverage vending unit due to uncorrected health or sanitation violations.
B.
The Clerk shall provide written notice of the suspension
or revocation in a brief statement setting forth the complaint, the
grounds for suspension or revocation, and notifying the licensee or
permittee of his right to appeal. Such notice shall be mailed to the
address shown on the license holder's application by certified mail,
return receipt requested.
C.
If the Clerk revokes a vending license or permit,
the fee already paid for the license or permit shall be forfeited.
A person whose license or permit has been revoked under this section
may not apply for a new license for a period of one (1) year from
the effective date of revocation.
If the Clerk denies the issuance of a license or permit, suspends or revokes a license or permit, or orders the cessation of any part of the business operation conducted under the license or permit, the aggrieved party may appeal the Clerk's decision to the Mayor, or his designee, following the same procedures as set forth in § 198-21 of this chapter.
A vending license may be renewed, provided an
application for renewal and license fees are received no later than
the expiration date of the current license. Any application received
after that date shall be processed as a new application. The Clerk
and Police Chief shall review each application for renewal and, upon
determining that the applicant is in full compliance with the provisions
of this article, shall issue a new license.
No part of this article or the article itself
shall be construed to be an amplification or derogation of the rights
or responsibilities of abutting property owners. Any remedies, rights
or obligations provided to such property owners or their successors
in interest under the law of real property or the laws of the State
of New York shall be in addition to the remedies, rights, obligations
or penalties provided hereunder.
The provisions of this article are declared
to be severable. If any section, sentence, clause, or phrase thereof
shall for any reason be held to be invalid or unconstitutional by
a court of competent jurisdiction, such decisions shall not affect
the validity of the remaining sections, sentences, clauses, and phrases
of this article, but they shall remain in effect, it being the legislative
intent that this article shall remain in effect notwithstanding the
validity of any part.
