It is found and declared that:
A. The preliminary purpose of the public streets, sidewalks
and other public ways is for use by vehicular and pedestrian traffic.
B. Vending on such public ways promotes the public interest
by contributing to an active and attractive pedestrian environment.
C. Reasonable regulation of vending on public ways is necessary
to protect the public health, safety and welfare.
D. The regulations contained in this chapter are not intended
to prohibit or hamper speech which is protected by the First Amendment but
merely to regulate specific activities which are commercial in nature.
As used in this chapter, the following terms shall have the meanings
indicated:
PUBLIC WAY
All areas legally open to public use, such as public streets, sidewalks,
roadways, highways, parkways, alleys, and parks, as well as the interior and
areas surrounding public buildings.
PUSHCART
A cart or barrow, manually propelled, used to vend food intended
for individual portion service.
SPECIAL EVENT
Any occasion, including but not limited to fairs, shows, exhibitions,
City-wide celebrations, festivals, etc., within a specifically defined area
of the City of Auburn for a period of time not to exceed 10 days.
STAND
Any newsstand, table, bench, booth, rack, handcart, pushcart or any
other fixture or device which is not required to be licensed and registered
by the Department of Motor Vehicles and is used for the display, storage or
transportation of articles offered for sale by a vendor.
VENDOR
Any individual, including an employee or agent of a group of individuals,
partnership or corporation, who sells or offers to sell food, beverages, goods
or merchandise on any public way from a pushcart, stand, motor vehicle, or
from his or her person.
The following vendors are exempt from the license requirements of §
289-3A but shall otherwise be required to comply with the provisions of this chapter:
A. All religious, nonprofit and charitable organizations,
including school groups.
B. The sale of fresh produce by the grower of such produce
or at the farmer's market that is within the Loop Road area.
C. Vendors, merchants, exhibitors and salesmen who exhibit,
demonstrate or solicit orders for goods in conjunction with, and as part of,
the organized program of conventions, professional meetings, seminars, etc.
D. Any individual selling newspapers or magazines, or distributing
free samples from his or her person.
The application for a vendor's license shall contain all information
relevant and necessary to determine whether a particular license may be issued,
including but not limited to:
A. Full name, home address, permanent business address (if
any), telephone number, driver's license number and proof of identity.
B. A brief description of the nature, character and quality
of the food, beverages, goods or merchandise to be sold.
C. The specific location, if any, in which the vendor requests
to conduct business.
D. If the vendor is employed by or is an agent of another,
the name and business address of the principal/hiring person, firm, association,
organization, company or corporation.
E. If a motor vehicle is to be used in the vending business,
a description of the vehicle together with the motor vehicle registration
number and the license number.
F. A complete listing of any other licenses or permits issued
to the applicant by the City of Auburn within the past five years.
The application of any vendor engaged in the sale of food or beverages
shall also be referred to the Cayuga County Health Department for approval
of a health permit in addition to the regular vending license. Such vendor's
equipment shall be subject to inspections by the Health Department at the
time of application and at periodic intervals thereafter.
Vendors wishing to conduct business at any special event shall apply to the City for a temporary vending license. Application for such a license must be made at least 14 days prior to the beginning of the event. The license is valid only for the duration of the special event. Fees for such licenses shall be as specified in §
289-3C. Vendors granted a temporary license are subject to the same operating regulations as other vendors, except where otherwise specified.
Any person who violates any provision of this chapter shall be punished
by a fine not to exceed $500 or by imprisonment not to exceed 15 days, or
by both such fine and imprisonment.
Locations for stands are as follows:
A. North end of Exchange Street Mall, east of fire box.
B. Northwest corner of intersection of Genesee Street and
North Street ("Pride Corner").
C. East intersection of Market Street and Genesee Street.
D. Northwest corner of Genesee Street and
Green Street.