For the purposes of this chapter, the terms used herein are defined as follows:
CENTER CITY VENDING DISTRICT Shall include all of the Center City Zoning District, as established pursuant to Chapter
120, Zoning Code, and in addition, as set forth in a map on file in the City Clerk's office, an area extending generally easterly from the Center City Zoning District which is bounded on the west and north by the Center City Zoning District boundary extending from the southerly side of East Avenue to the center of Alexander Street at approximately 417 Alexander Street, then continuing southerly down the center of Alexander Street to the center of University Avenue, then continuing easterly along the center of University Avenue to the center of Goodman Street, then continuing southerly along the center of Goodman Street to and including the southerly side of East Avenue, then continuing westerly along the southerly side of East Avenue to the Center City Zoning District boundary. The Center City Vending District shall also include both sides of Alexander Street southerly from Gardiner Park to the southerly side of Tracy Street and its extension westerly, as set forth in the map on file in the City Clerk's office.
COMMERCIAL TRAVELER A person or group of persons doing business through the act of renting a room or suite of rooms in a hotel, motel or inn, commercial building or private dwelling within the City of Rochester for a period of less than 90 consecutive days for the purpose of using said premises to sell, offer for sale or solicit orders for goods, services or merchandise, including vendors of food or food products and persons in the home improvement industry, to or from members of the public. This definition shall not apply to the renting of rooms, halls, auditoriums or open spaces for the sole purpose of demonstrating or exhibiting goods to businesses and/or the public in connection with sales promotions or marketing campaigns or for the purpose of exhibiting and selling works of art.
HARBORTOWN VENDING DISTRICT Includes all of the H-V Harbortown Village Zoning District as established pursuant to Chapter
120, Zoning Code, which is north of the new O'Rorke Bridge, and those lands zoned O-S Open Space which border the southern boundary of Ontario Beach Park and are east of Estes Street.
PUBLIC PLACE Any area or building owned, operated or controlled by or on behalf of any government, municipality or public authority or corporation within the boundaries of the City of Rochester, or portion of such place, which is generally accessible to the public, including but not limited to streets, sidewalks, skywalks, parking garages and lots, parks, playgrounds, recreation areas, cemeteries, places of employment or operations and schools and school grounds, as well as private property, other than inside a building, upon which members of the public are solicited.
SOLICITOR A person doing business through the acts of vending, selling or offering for sale, soliciting orders for, demonstrating or making estimates of goods, services or merchandise, and persons in the home improvement industry, directly to the public in the public streets, sidewalks or public places from a vending truck, vending trailer, vending cart or special event table, or by going from house to house, whether by appointment, referral, uninvited solicitation, route sales or party plan, within the City of Rochester.
SPECIAL EVENT A special public event that is either sponsored by the City or granted a permit by the City, including but not limited to a festival, parade, concert, or celebration.
VENDING CART A nonmotorized, wheeled vending unit that is built and licensed in such a manner that it may be operated to offer nonfood merchandise for sale on a public sidewalk in accordance with §
62-6A(5) of this chapter.
VENDING TRAILER A nonmotorized vending unit that is designed to be towed by a motorized vehicle that is built, registered and licensed to be operated on the public streets of New York State and to offer nonfood merchandise for sale.
[Amended 7-18-2017 by Ord. No. 2017-202]
VENDING TRUCK A motorized vending unit that is built, licensed and operated in such a manner that it may be operated to offer nonfood merchandise for sale from a public street in accordance with §
62-6A(6) of this chapter.
[Amended 7-18-2017 by Ord. No. 2017-202]
VENDING UNIT A cart, vehicle, trailer or table from which a solicitor may lawfully conduct business in accordance with the requirements of this chapter.
[Amended 7-18-2017 by Ord. No. 2017-202]
A. License fees shall be as follows:
(1) Commercial traveler: $150.
(2) Solicitor: $330 for a vending truck or vending trailer license and $250 for a vending cart license which is valid outside of the Center City Vending District, the Marina Vending District and the Harbortown Vending District, and $1,000 for a vending truck or vending trailer license and $750 for a vending cart license which includes the Center City Vending District, the Marina Vending District or the Harbortown Vending District, which licenses shall include a solicitor's license and a license for one vending unit. Each additional vending unit shall require payment of a full fee. Solicitor licenses for vending from trucks and trailers issued under this §
62-3A(2) shall be limited to units that are no longer than 28 feet. Solicitors using longer trucks and trailers are limited to vending at special events pursuant to §
62-9 or on private property in accordance with a temporary zoning permit issued in accordance with Zoning Code §
120-149 and must obtain a temporary solicitor permit issued under §
62-3D.
(3) Identification: $24 each; provided, however, that there shall be no charge for the first identification badge that is issued for each license.
(4) The fees set forth in Municipal Code §
62-3A(1) and
(2) herein shall be discounted by 25% for the 2021 licensing year only.
[Added 7-20-2021 by Ord. No. 2021-233]
B. All licenses shall expire on December 31 after their date of issuance. License fees shall not be prorated.
C. Temporary permit. Any solicitor wishing to conduct business from a vending unit at one or more special events and who does not have a license shall apply to the City Clerk for a temporary vending unit permit and pay a fee of $100 for a permit valid for the calendar year. Any solicitor wishing to conduct business from a vending unit at a single special event and who does not have a license shall apply to the City Clerk for a three-day temporary vending unit permit and pay a fee of $56 for a permit valid for that event. Such a permit shall allow vending only during and at the location of a specified special event. Temporary permits for vending from trucks and trailers issued under this §
62-3C shall be limited to units that are no longer than 28 feet. Solicitors using longer trucks and trailers shall obtain a temporary permit issued under §
62-3D. The fees set forth in this Municipal Code §
62-3C shall be discounted by 25% for the 2021 licensing year only.
[Amended 7-20-2021 by Ord. No. 2021-233]
D. Temporary permit for over-length vending trucks and trailers. Any solicitor wishing to conduct business from a vending truck or vending trailer that is more than 28 feet long at one or more special events pursuant to §
62-9 or on private property in accordance with one or more temporary zoning permits issued pursuant to Zoning Code §
120-149 shall apply to the City Clerk for a temporary solicitor's permit and pay a fee that is based on the length of the vending unit as follows: $150 for a unit that is up to 39 feet long, $200 for a unit that is more than 39 feet and up to 50 feet long, and $250 for a unit that is more than 50 feet and up to 61 feet long. Any solicitor wishing to conduct business from a vending truck or vending trailer that is more than 28 feet long at a single special event pursuant to §
62-9 or on private property in accordance with a single temporary zoning permit issued pursuant to Zoning Code §
120-149 shall apply to the City Clerk for a three-day solicitor's permit and pay a fee that is based on the length of the vending unit as follows: $84 for a unit that is up to 39 feet long, $112 for a unit that is more than 39 feet and up to 50 feet long, and $140 for a unit that is more than 50 feet and up to 61 feet long. The three-day permit shall allow vending only during and at the location of a specified special event. A temporary permit issued under this §
60-6D shall not be used to authorize vending from a truck or trailer that is more than 61 feet long. It shall not authorize the applicant to vend at a special event, unless the solicitor provides to the City Clerk a written statement from the event's sponsor authorizing the solicitor to vend at a spot that is large enough to accommodate the specified length of the applicant's truck or trailer. It shall not authorize the applicant to vend at an event on private property that has been granted a temporary zoning permit, unless the solicitor provides to the City Clerk a written statement from the private property owner authorizing the solicitor to vend at a spot that is large enough to accommodate the specified length of the applicant's truck or trailer. The fees set forth in this Municipal Code §
62-3D shall be discounted by 25% for the 2021 licensing year only.
[Amended 7-20-2021 by Ord. No. 2021-233]
E. A nonrefundable fee of $7 shall be required for the receipt of application materials. Said fee shall be credited toward the license fee upon submission of an application.
F. There shall be a fee of $10 for replacement of a lost license or identification badge.
G. A solicitor who is an eligible veteran and has a Soldiers' and Sailors' Certificate issued by the Monroe County Clerk pursuant to § 32 of the NYS General Business Law or who is a disabled veteran as defined by § 35 of the General Business Law holding such a certificate shall be exempt from the fees contained in this section.
Before any license authorized herein shall be issued, the applicant shall file with the City proof of insurance, issued by an insurance company licensed to do business in the State of New York and approved by the Director of Finance as to form, which insurance must be kept continuously in force during the term of the license. At the time of application, applicants shall provide proof of insurance that extends for the entire license period. The insurance shall be not less than $1,000,000 comprehensive/general liability insurance. Such insurance shall not expire, nor be canceled, altered or amended, except on 10 days' written notice to the City Treasurer served personally or by certified mail. Municipal operations, employees and property shall not be excluded from coverage. The insurance must name the City as an additional insured party.
Before any partnership, company or corporation who is a nonresident of the State of New York shall have a commercial traveler's or solicitor's license issued, either to the individual or to the agents or representative of a company, partnership or corporation, proof of authorization of the Secretary of State to receive service pursuant to the Business Corporation Law § 304 shall be filed with the application for said license. In the case of a company, partnership or corporation, this authorization of an agent to accept service shall be signed by the executive officer(s) with the authority to bind the company, partnership or corporation to a contract.
The Chief of Police may promulgate rules and regulations governing solicitors, commercial travelers and special promotional events so as to provide for the orderly operation of their business and to ensure the public safety and the peace and tranquility of the public streets, sidewalks and places.
A person violating any section of this chapter shall be subject to the penalties set forth in §
13A-11 of the Municipal Code.
The following activities shall be exempted from the requirements of this chapter:
A. Garage sales, basement sales, porch sales, yard sales and other such events at which a person desires to sell or trade his or her personal used items, household goods, furniture or equipment upon his or her premises, said premises not being a regular place of business for purchase or sale of goods. No more than two such sales shall be conducted by the same person or persons upon the same premises within one calendar year, and each such sale shall not exceed 10 consecutive days.
B. The sale of homemade food or drinks at a residence by the owner or occupant thereof, provided that a commercial vending unit is not used and the aggregate size of any table or tables or other display, preparation and storage areas shall not exceed four feet wide by eight feet long.
If any provision of this chapter is declared invalid or unconstitutional for any reason, the remaining provisions shall be severable and shall continue in full force and effect.