[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Editor's Note: This local law also repealed former Ch. 198, Peddling and Soliciting, which was comprised of Art.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:
CHARITABLE
Patriotic, philanthropic, social service, health, welfare, benevolent, educational, civic, cultural, or fraternal.
CONTRIBUTIONS
Alms, money, subscription, property, or any donations.
PEDDLER
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.
PERSON
A person, corporation, partnership, association, company, society, club, or organization, and all other entities of any kind capable of being sued.
SOLICITOR
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.
[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 § 198-6, 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.
A. 
Violation of any of the provisions of this article shall, upon conviction, be punishable by a fine up to $250 and/or 15 days in jail.
B. 
In addition to any criminal enforcement, the municipality or any individual may pursue any available civil remedies deemed appropriate and necessary.
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:
CLERK
City Clerk.
GOODS, WARES, MERCHANDISE
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.
MOTOR VEHICLE
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.
PUBLIC SPACE
All City-owned parks and City-owned property within street rights-of-way, including any roadways and sidewalks.
PUBLIC WAY
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.
PUSHCART
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.
SIDEWALK
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.
SPECIAL EVENT
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.
STAND
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.
STREET
All that area legally open to public streets, and sidewalks, roadways, highways, parkways, alleys and any other public way.
VEHICLE
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.
VENDOR
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 § 198-28, 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 $20 for each day of vending permitted.
[Amended 7-25-2023 by Ord. No. 5-2023]
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.
A. 
Violation of any of the provisions of this article shall, upon conviction, be punishable by a fine up to $250 and/or 15 days in jail.
B. 
In addition to any criminal enforcement, the municipality or any individual may pursue any available civil remedies deemed appropriate and necessary.
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.