[HISTORY: Adopted by the Common Council of the City of Oneida 12-21-1982 as Ch. 4-11
of the 1982 Code; amended in its entirety 6-21-2011 by L.L. No. 3-2011.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Secondhand dealers — See Ch. 135.
[1]
Editor's Note: This local law provided an effective date
of 11-1-2011.
As used in this chapter, the following terms shall have the
meanings respectively ascribed to them in this section:
A building permanently affixed to a parcel of land within
the City of Oneida in which, or from where, a person or business entity
lawfully transacts business involving the retail sale of goods, including
related services, including food and food services, directly to customers
at or from that location.
A peddler who sells or offers for sale, from a vehicle, pushcart
or stand, ready-to-eat food and/or beverage items, prepackaged, preprepared,
or prepared on location.
Any person, either principal, employee or agent, who does
not have an established place of business, or whose principal or employer
does not have an established place of business, and who sells, barters,
or offers for sale or barter, or who carries or exposes for sale or
barter any goods, wares or merchandise, including related services,
and including food and related food services, on foot or from any
vehicle from, or in, any public street or public place.
Any wheeled device used by a mobile food vendor, not otherwise
constituting a vehicle, which may be moved or propelled either by
mechanical or human power.
Includes any person who goes upon private property from place
to place or house to house without the prior invitation of the owner
or occupant(s) of the premises, taking or offering to take orders
for goods, wares, or merchandise, or for goods to be delivered or
services to be performed in the future.
A moveable, portable or collapsible structure, framework,
device, container or other contrivance used by a mobile food vendor
other than a pushcart or vehicle.
A vehicle as defined by the New York State Vehicle and Traffic
Law.
A.
Nothing in this chapter shall apply:
(1)
To any sales conducted pursuant to statute or by order of any court.
(2)
To any person selling personal property at wholesale solely to dealers
in such goods.
(3)
To businesses having an established place of business as defined
in this chapter, or to farmers and truck gardeners who, themselves
or through their employees, sell products of their own farms and gardens
located within the City.
(4)
To any honorably discharged member of the armed forces of the United
States who has procured a license as provided by § 32 of
the General Business Law of the State of New York.
(5)
To any public market authorized by the Common Council under such
rules and regulations as it may provide for the operation and control
of said market; or so as to interfere unlawfully with interstate commerce.
(6)
To any activities sponsored by and held for the benefit of any bona
fide nonprofit museum, fraternal, charitable, educational, or religious
organization, including any not-for-profit corporation, downtown Improvement
committee or other bona fide civic organization, nor shall this chapter
apply to any vendors, including peddlers, assembled or brought together
for a scheduled event sponsored or conducted by such organization,
such as a block party, trade or product show, where part of the proceeds
or fees from such vendors are paid to the benefit of such organization.
B.
The burden of proving entitlement to exemption from the requirements
of this chapter shall be upon the person or entity claiming such exemption.
It shall be unlawful for any person, within the corporate limits of the City, to act as a peddler, solicitor or mobile food vendor, as defined in § 116-1, without first having in force and effect a license or permit therefor issued by the City Clerk as herein provided.
Any person desiring to procure a license required by the provisions
of this chapter shall file with the City Clerk a written application
upon a form prepared and furnished by the City Clerk. Such application
form shall provide not less than the following information:
A.
The location(s) from which the applicant desires to operate and the
number and description of all vehicle(s) to be used by the applicant,
including DMV registration information and photographs of all such
vehicles, pushcarts or stands;
B.
The kind of goods, wares or merchandise to be sold or the kind of
service he or she desires to perform;
C.
The method of delivery or distribution of the goods and services
to be sold;
D.
The name, address, age and photographs of the applicant and all employees,
employees and representatives that will engage in the peddling and/or
soliciting;
E.
The period of time for which the applicant desires the license;
F.
A signed release providing consent for the Oneida City Police Department
to conduct a local background check on the applicant and all individuals
identified as being associated with the peddling and/or soliciting
activities; and
G.
Such other information as may be required by the City Clerk.
A.
Upon the filing of a complete application and payment of the applicable
application fees, as determined from time to time by resolution of
the Common Council, and upon receipt of an approved local background
check from the City Police Department, the City Clerk shall, upon
the approval of such application, issue to the applicant a license.
B.
Upon the approval of a license to peddle or solicit at parades, block
parties or similar events where the public is gathered en masse, an
arm band shall be provided by the City Clerk to each authorized individual
signifying his or her status as a licensed peddler or solicitor. It
shall be unlawful for a vendor not to conspicuously display the arm
band on his or her person during such event.
A.
Any permit or license issued under the provisions of this chapter
may be revoked upon determination of any one or more of the following
conditions:
(1)
The making of any false or fraudulent statement by the applicant;
(2)
The suspension or revocation of an applicant's Health Department
permit or New York State Sales Tax Certificate of Authority;
(3)
The City's determination, upon three days' prior notice
to the permit holder or licensee, that the permit holder or licensee
is in violation of any provision of this chapter.
B.
In addition to constituting grounds for revocation of a permit or
license, any violation of any provision of this chapter shall be an
offense punishable by a maximum fine of $250 or by imprisonment for
not more than 15 days, or both such fine and imprisonment.
All of the provisions of Article I of this chapter shall apply to all mobile food vendors conducting business within the City, whether on a seasonal, weekly, or one-time basis, in any public place. The following additional requirements shall also apply to mobile food vendors:
A.
All mobile food vendors must obtain a seasonal, weekly or one-time
mobile food vendor's license. Such licenses will be issued by the
City Clerk in accordance with the provisions of this article and chapter.
B.
Each mobile food vendor license shall state the specific location(s)
from which the mobile food vendor shall be authorized to conduct business
pursuant to such license. Each license shall be valid for a single
location only.
C.
Locations available to licensed mobile food vendors shall be specifically
designated from time to time by resolution of the Common Council following
review and recommendation by the Chief of Police, the Director of
Parks and Recreation and the City Engineer with respect to potential
risk to public safety. In no event shall any such authorized location
be less than 20 feet from a street intersection.
D.
All mobile food vendors shall state, in order of preference, their
three preferred location(s) in their license application. In the event
more than one prospective vendor desires the same location, the City
Clerk shall give preference in the assignment of the permit locations
to the applicant(s) who have held a mobile food vendor's license from
the City for the most consecutive years prior to the year in question.
E.
Seasonal licenses shall be renewable annually and shall be valid
from January 1 to December 31 of each calendar year. The City Clerk
shall publish a notice in the City's official newspaper between
November 1 and November 15 of the preceding calendar year stating
that, for seasonal mobile food vendor licenses, applications shall
be submitted to the City Clerk by the following 10th day of December,
and shall be acted upon by the City Clerk in accordance with these
regulations within three business days thereafter.
F.
Daily or weekly licenses may be issued only for locations not previously
assigned to a seasonal licensee. In the event more than one application
is received for the same location for the same day(s) or week(s),
the City Clerk shall give preference in the assignment of the permit
locations to the applicant(s) who have held a mobile food vendor's
license from the City for the most consecutive years prior to the
year in question.
G.
All mobile food vendors shall agree to defend and indemnify the City
of Oneida from all claims, losses and liabilities the City may incur
as a consequence of the operations of the mobile food vendor. In addition,
each mobile food vendor must submit to the City Clerk proof of the
following required insurance coverage: general liability insurance
with personal injury coverage limits per occurrence of not less than
$300,000 naming the City of Oneida as additional insured, as well
as worker's compensation and disability insurance as statutorily
required under New York State Law.
H.
Prior to commencement of business activities under a mobile vendor's
license, the applicant shall provide to the City Clerk proof of the
issuance of a valid permit from the Madison County Health Department
for such business operations and a valid New York State sales tax
certificate.
I.
Upon the approval of a mobile food vendor's license, the City
shall provide the licensee with a license document signifying his
or her status as a licensed mobile food vendor. It shall be unlawful
for a mobile food vendor to not conspicuously display the license
on his or her vehicle, pushcart or stand during business operations.
Preservation of the integrity of the license document from the elements
while displayed shall be the responsibility of the vendor.
J.
Food vendors shall provide suitable disposal receptacles for use
by patrons and shall be responsible for all cleanup and removal of
all debris and trash resulting from the operation of their individual
sites.
K.
No food vendor shall place his vehicle, pushcart or stand on lawn
areas of parks or other public places, or otherwise operate his or
her business in such manner as to cause damage to any such green areas.
L.
Food vendors shall be responsible for the repair of any damage whatsoever
to any public grounds or other public property caused by, or in association
with, their business. The City shall have the right, at any time and
without prior notice to the license holder, to repair any such damage
and invoice the license holder for all such costs. Failure to pay
any such invoice within 10 days shall be grounds for immediate revocation
of the mobile food vendor's license.
M.
No alcoholic beverage may be sold or offered for sale by a mobile
food vendor.
N.
Hours of operation shall be limited to 1/2 hour after sunrise to
one-half hour before sunset.
O.
All mobile food vendor licenses shall be subject to the condition
that all licensees agree to comply with the direction of any police
officer, or any City employee or representative acting within the
scope of his or her employment, directing the licensee to temporarily
suspend or alter operations, or temporarily relocate to another location
for such period of time as may be determined by the City in order
to accommodate a parade, funeral or other activity of a community
nature. Failure to obey any such directive shall be grounds for the
immediate revocation of the license.
