[HISTORY: Adopted by the Rochester City Council 11-25-1941. Amendments noted where applicable.]
When used in this chapter, unless otherwise expressly stated or unless the context or subject matter may otherwise require, the following words shall have the meanings given to them by this section:
PERSONS
Includes natural persons, corporations, partnerships, joint-stock companies and all other entities of any other kind capable of being sued.
RETAIL
The sale of solid fuel in less than car or cargo lots, except the sale of quantities of one-fourth ( 1/4) ton or less, and the sale for the purpose of resale.
SOLID FUEL
Any anthracite, semianthracite, bituminous, semibituminous or lignite coal briquets, boulets, coke, gashouse coke, petroleum coke, petroleum carbon or any other manufactured or patented fuel not sold by liquid or metered measure, except charcoal.
SOLID FUEL DEALER
Includes any person engaged in the business of selling solid fuel at retail in quantities in excess of 1/4 ton.
SOLID FUEL DEALER LICENSE
Permission granted by the City of Rochester to sell solid fuel at retail in the corporate limits of the City of Rochester.
SOLID FUEL TRUCKER LICENSE
Permission granted by the City of Rochester to transport and deliver solid fuel in quantities in excess of 1/4 ton in the corporate limits of the City of Rochester.
TON
The net ton of 2,000 pounds avoirdupois.
VEHICLE
Any truck, wagon, cart or other conveying device used in the streets, alleys or other thoroughfare in the city, but not including railroad cars.
[Amended 5-11-1954; 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180]
It shall not be lawful for any person to engage in the sale of solid fuel at retail in the corporate limits of the City of Rochester, without first having applied for and obtained from the Chief of Police an annual license as herein provided.
[Amended 5-11-1954; 2-14-2006 by Ord. No. 2006-22]
All applicants for a license to engage in the business of retail seller of solid fuel shall file a verified application with the Comptroller, which application shall be in the form provided by him or her, setting out, among other things, the name and address of the applicant, principal place of business, the assumed business name, if any, if a copartnership, the names of all the members and, if a corporation, joint-stock association, society or unincorporated association, the president and secretary thereof and also the principal office and place of business and branch offices, if there are any.
[Amended 5-11-1954; 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180]
Upon full compliance with the provisions relating to the application and upon payment of the fee hereinafter provided, the Chief of Police shall issue a license to each applicant to sell solid fuel at retail in the City of Rochester. Such license shall be known as the "solid fuel dealer license." Each license so issued shall entitle the licensee to engage in the business of selling or offering for sale solid fuel at retail in the City of Rochester until the first day of May immediately following the date of the license if issued for the full year or any part thereof. A full annual fee shall be paid, whether the license is issued for the full year or any part thereof.
[Amended 5-11-1954; 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180; 2-14-2006 by Ord. No. 2006-22]
The Chief of Police, at the time of issuing such solid fuel dealer license or thereafter during the period of such license and upon payment of the fee therefor, shall issue to such solid fuel dealer a license plate or plates bearing the words "solid fuel dealer." The license plates and the color thereof shall be changed yearly and shall bear the same number as the license number of the solid fuel dealer. The license plate of the solid fuel dealer shall be prominently displayed on the right-hand side of the body or cab of each vehicle transporting within the corporate limits of the City of Rochester solid fuel sold by the solid fuel dealer, and each license issued hereunder shall be publicly displayed in the main office of the licensee. Whenever a vehicle is engaged in the transportation or delivery of solid fuel for more than one solid fuel dealer, the license plates of each such solid fuel dealer shall be affixed to such vehicle. The license plate shall not be removed from such vehicle without the consent of such solid fuel dealer and must be removed and surrendered to such solid fuel dealer upon demand or to the Chief of Police upon revocation of such solid fuel dealer license. The solid fuel dealer shall write or stamp his or her license number on each delivery ticket issued by him or her, which delivery tickets shall be the regular delivery tickets of the solid fuel dealer issued by him or her pursuant to the provisions of the laws of the State of New York relating to weights and measures of coal. Any variation from the conditions hereinabove specified governing the use of solid fuel dealer license plates shall be deemed a violation of this chapter. Any use of solid fuel dealer license plates on trucks other than those actually or customarily engaged in the delivery of licensee's own orders for solid fuel shall be deemed a violation of this chapter.
Before any solid fuel dealer license is granted as hereinbefore provided, there shall be paid by the applicant an annual license fee of $75 and the further sum of $1 for each license plate in excess of one. One license plate only shall be furnished without additional charge to each solid fuel dealer. Such license shall be in effect from the date of issuance to and including the 30th day of April of each year thereafter, at which date it shall expire. Such license may be renewed annually upon proper application therefor upon the payment of the license fee. The conduct of business under one or more assumed names shall constitute the person or persons so using such name or names as a separate dealer for each such name so used, and the use of one or more assumed business names shall not be permitted to any person required to obtain a license hereunder unless a separate license is obtained for each assumed business name.
[Amended 5-11-1954]
A. 
Transportation without license prohibited. It shall be unlawful for any person to use or cause to be used a vehicle for the transportation or delivery of solid fuel in quantities in excess of 1/4 ton upon the public streets and highways within the City of Rochester unless he or she shall first obtain a solid fuel trucker license.
[Amended 2-14-2006 by Ord. No. 2006-22]
B. 
Application. Application blanks for solid fuel trucker licenses shall be in such form as the Chief of Police may prescribe and shall be obtained from and filed with the Comptroller. The application shall be in the form provided by the Chief of Police and shall set forth, among other things, the following:
[Amended 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180]
(1) 
The name and address of the applicant, if a partnership, the names and residence addresses of all the partners and, if a corporation, the names, residence addresses and official titles of the principal officers.
(2) 
The following information separately stated with respect to each vehicle used by such applicant in the transportation or delivery of solid fuel:
(a) 
The name of the owner, make and motor vehicle registration number.
(b) 
The chassis and motor number of each vehicle.
(c) 
The solid fuel-carrying capacity of each vehicle expressed in terms of cubic feet.
(d) 
The number of fixed compartments in the body of each vehicle.
C. 
License fee. A license fee of $5, and for each vehicle in excess of one, $1 per vehicle in addition thereto, shall be paid to the Comptroller at the time of filing of such application for each annual period or fraction thereof. Such license shall be in effect from the date of issuance to and including the 30th day of April of each year thereafter at which date it shall expire. Such license may be renewed annually upon proper application therefor upon the payment of the license fee.
D. 
License and plates. Upon full compliance with the provisions relating to the application and upon payment of the fee herein provided, the Chief of Police shall issue to such applicant a solid fuel trucker license, together with a metal plate or metal plates on which shall be clearly set forth the words "solid fuel trucker." The solid fuel trucker license plate shall be affixed to a conspicuous and indispensable part of the body of such vehicle. The design or color of the metal plate shall be changed at the beginning of each license year, which shall be May 1 of each year. It shall be the duty of the holder of a license for the transportation of solid fuel issued under the provisions of this section to file with the Chief of Police not later than February 1 in each year the registration number of such truck for such year.
[Amended 1-27-1970 by Ord. No. 70-36; 5-28-1975 by Ord. No. 74-180]
[Amended 5-11-1954; 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180; 2-14-2006 by Ord. No. 2006-22]
Any license issued pursuant to this chapter may, in his or her discretion, be revoked by the Chief of Police on legal proof of the violation of the provisions of this chapter or of the laws of the State of New York in relation to the sale or distribution of solid fuel or upon legal proof of any false statement of any material fact in the written application made by the licensee for the purpose of procuring a license, and a new or renewal license shall not be granted to any applicant whose license has been so revoked until after the expiration of one year from the date of the revocation or thereafter unless the Chief of Police shall approve the issuance thereof. A licensee whose license has been revoked by the Chief of Police shall be entitled to a review of certiorari or other similar proceeding of such revocation. No license issued under the provisions of this chapter shall be subject to any rebate for any unexpired portion of the term for which it is issued.
Coal and coke shall be sold by weight. No person shall sell or deliver or attempt to sell or deliver or offer to sell or deliver or start out for delivery less than 2,000 pounds by weight to the ton of coal or coke, or a proper portion thereof in quantities less than a ton, and such coal and coke shall be duly weighed by a licensed weighmaster of the State of New York, on stationary scales which have been tested and sealed. A tolerance at the rate of 30 pounds to the ton shall be allowed for unavoidable wastage and unavoidable variation in scales.
No person, upon the sale of coal or coke shall deliver or cause to be delivered or to be started out for delivery any coal or coke without each lot being accompanied by a weight ticket, and a duplicate thereof, on each of which in ink, typewriting or indelible pencil there shall be distinctly expressed in pounds, the net weight of the delivery including the net weight of each size or kind of coal or coke, the name and address of the purchaser, the name and address of the seller, the date when weighed, and the full signature of the licensed weighmaster by whom weighed. One of such tickets shall be delivered to the purchaser specified thereon at the time of delivery and prior to unloading, and the other retained by the seller. When coal or coke is sold in lots of less than 100 pounds, the provisions of this section shall not apply, provided the coal or coke is delivered in a bag or other container, plainly and conspicuously marked with the correct weight and size of the contents, and name of seller.
[Amended 2-14-2006 by Ord. No. 2006-22]
No weighmaster shall issue a weight ticket for any delivery or for each and every separate delivery of solid fuel unless that vehicle to be loaded with solid fuel shall have been first weighed to determine the weight of each vehicle unloaded, but with unusual equipment. The vehicle then shall be loaded immediately with solid fuel and shall forthwith return to the scales to be weighed by the weighmaster for gross weight and the net weight then computed by him or her. The weight tickets shall be numbered serially and consecutively. Void or canceled weight tickets must be submitted together with all other weight tickets for the inspection of a weights and measures official on his or her demand.
[Amended 9-10-1968 by Ord. No. 68-283; 2-14-2006 by Ord. No. 2006-22]
The Sealer of Weights and Measures of the County of Monroe, or any authorized deputy, or any weights and measures officials of the state, county or city, who finds any quantity of coal or coke ready for or in process of delivery, may direct the person in charge of the coil or coke to convey the same to an available stationary scale, located within the City of Rochester, New York, and which has been tested and sealed by the official charged with such testing. Such official shall thereupon determine the gross weight of the coal or coke and the vehicle in which it is carried, and shall direct such person in charge to return to such scales forthwith upon unloading the coal or coke, and upon such return, the official shall determine the weight of the vehicle without load. No seller or driver or other person in charge of the vehicle containing such coal or coke or from which such coal or coke has been unloaded, shall fail to take the vehicle, upon the direction of the County Sealer of Weights and Measures or authorized deputy or weights and measures official, to scales as aforesaid or refuse to permit the coal, coke or vehicle to be weighed by him or her.[1]
[1]
Editor's Note: See also Ch. 113, Weights and Measures.
All vehicles used in the transportation of coal or coke shall have conspicuously marked with permanent letters on the exterior of the right and left sides thereof, in plain view and easily discernible, the name of the owner, together with the word "coal" or "coke," or both such words. The letters of the words "coal" and "coke" shall be at least seven inches in height and not less than 1 1/2 inch in width.
A. 
No licensed weighmaster shall make or issue a false or incorrect weight ticket, nor shall any person solicit him or her to do so.
[Amended 2-14-2006 by Ord. No. 2006-22]
B. 
No person shall knowingly use a weight ticket not bearing the signature of a licensed weighmaster.
C. 
No licensed weighmaster shall knowingly permit any weight ticket to be issued or used which purports to bear his or her signature and was not in fact signed by him or her, or which expresses a weight not ascertained by him or her.
[Amended 2-14-2006 by Ord. No. 2006-22]
D. 
No person shall knowingly use a false or incorrect weight ticket.
E. 
No person shall alter or change the weight figures on any weight ticket issued by a licensed weighmaster.
F. 
No person shall deliver solid fuel in connection with any retail sale in any vehicle not having securely and conspicuously attached thereto a solid fuel dealer license plate as provided in this chapter in addition to the solid fuel trucker license plate.
G. 
No person shall deliver solid fuel without a weight ticket except as herein provided.
H. 
No person shall fail, neglect or refuse to deliver a correct and lawful weight ticket to the purchaser of solid fuel.
I. 
No person shall permit any diminution of the load of solid fuel after the weight has been certified by a weighmaster designated to weigh solid fuel and before its delivery to the purchaser or purchasers thereof.
J. 
No person shall transfer his or her license plates or permit the use thereof by any other person, except that nothing herein contained shall be construed to prevent the use of license plates of a solid fuel dealer as provided in § 101-5 hereof.
[Amended 2-14-2006 by Ord. No. 2006-22]
K. 
No person shall alter the body of a licensed truck in such a manner as to change the cubic content of such body, unless and until a new application which records such new cubic content has been filed with and approved by the Chief of Police.
[Amended 5-11-1954; 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180]
A. 
The provisions of § 101-11 of this chapter shall not apply to the sale of an entire boatload or railroad carload of coal or coke delivered direct from the boat or car to one purchaser and accepted as to weight by the purchaser on the bill of lading or other voucher issued by the carrier.
B. 
The provisions of § 101-7 shall not apply to the transportation of solid fuel in vehicles owned by the consumer of such solid fuel.
[Added 9-28-1965]
The provisions of Chapter 68 of the Municipal Code, being general licensing provisions relating to business and trades, shall be applicable to all licenses under this chapter the same as if specifically set forth herein, and any violation of this chapter shall be punishable as provided in § 68-15 of said Code.