[HISTORY: Adopted by the City Council of the City of Batavia 4-13-1992
by L.L. No. 3-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 134.
As used in the chapter, the following terms shall have the following
meanings:
The singular and the plural and shall also mean and include any person,
firm or corporation, association, club, partnership, society or any other
organization.
All goods as defined in § 401, Subdivision (1), of the
New York Personal Property Law sold for other than a commercial or business
use or for purpose of resale. The term includes goods which, at the time of
the sale or subsequently, are to be so affixed to real property as to become
a part thereof whether or not severable therefrom. Exempted from this definition
are handcrafted goods or objects of art sold by the artisan who made said
items.
A sale of goods, the taking of orders for the sale of goods for future
delivery, or the furnishing or rendering of services or an agreement to furnish
or render services by a seller to a buyer for cash or credit.
A person who sells retail goods or takes orders for the sale of goods
for future delivery or furnishes or renders or agrees to furnish or render
services to a buyer.
One conducted in a store, hotel, motel, house, building, vehicle,
structure or outdoor sale located on private property, excepting food products,
and which is intended to be conducted for a temporary period of time and not
permanently.
A.
No person shall conduct a transient retail business within
the city until he shall have obtained a permit in writing to conduct such
business from the City Clerk and shall have deposited with the City Clerk
the sum of $500 in cash, certified check or bank draft as security for the
payment of any unpaid New York State sales tax.
B.
Upon the filing with the City Clerk of satisfactory proof
that the person so making such deposit has discontinued such transient retail
business, the City Clerk shall return said deposit or so much thereof as shall
remain after deducting all sums due the city under the provisions of this
chapter.
C.
Any sum of money deposited with the City Clerk pursuant to Subsection A of this section which shall be left unclaimed for a period of 30 days after the termination of transient retail business operated by a person making said deposit shall, upon notice to the permit holder, be forfeited to the general fund of the city. For the purposes of this section "notice" shall be defined as the mailing of a registered letter, return receipt requested, to the address set forth on the permit holder's application.
All permits issued under this chapter shall be valid for a period not
to exceed six months from the opening of the transient retail business. The
fee for such permit shall be as set from time to time by resolution of the
City Council. Said permit fee is nonrefundable.
All applicants for a permit pursuant to this law shall provide to the
City Clerk proof of registration with the New York State Department of Taxation
and Finance.
Pursuant to § 85-a of the General Municipal Law, if the place
in which a business is conducted is rented, leased or occupied for a period
of six months or less, such fact shall be presumptive evidence that the business
carried on therein is a transient retail business.
Nothing in this chapter shall be held to apply to activities sponsored
by and held for the benefit of any bona fide museum, fraternal, charitable,
educational or religious organization. The burden of proving entitlement to
this exemption shall be upon the person making an application for a permit
under this chapter.
No person shall conduct a transient retail business within the city
until at least two days shall have elapsed after the filing in the Office
of the City Clerk of an application verified by the person or persons who
are to conduct such business containing the following information:
A.
The full name and address of such persons.
B.
If a corporation makes the application, the state under
the laws of which said corporation is organized.
C.
The exact location of the principal office and place
of business of the applicant.
D.
The names and addresses of the officers of the business
entity making said application.
E.
The nature and location of the business engaged in by
the applicant during the five years immediately preceding the filing of such
statement.
F.
Satisfactory proof of compliance with all New York State
and Genesee County sales tax regulations.
G.
The exact location within the City of Batavia where such
transient retail business is to be conducted.
H.
The date on which such person intends to begin doing
business within the city.
I.
The expected duration of the proposed sale.
Upon the filing of the application required above, the City Clerk shall
immediately send a copy of the application to the Police Department for investigation.
Said Police Department shall report its findings, if any, to the City Clerk
within two business days of the filing of said application.
A.
Upon receipt of the findings of the Police Department
as required above, the City Clerk shall, except as set forth below, issue
to the applicant a permit as required by this chapter, signed by the City
Clerk or the Deputy City Clerk.
B.
Except as herein provided, no permit shall be refused
except for a specific written reason and for the protection of the public
safety, health, morals or general welfare.
C.
No permit shall be issued unless the applicant agrees
to conform and comply with all terms and conditions of said permit as indicated
in this chapter.
No person shall conduct a transient retail business within the city
at any place other than that set forth on the permit issued by the Office
of the City Clerk pursuant to this chapter.
In the event that any person fails to begin conducting the transient retail business at the place specified in the permit within 90 days after the issuance of said permit, such person shall not thereafter conduct any transient retail business within the city until five days shall have elapsed after the filing of a new application duly verified and containing the information set forth above in § 170-9.
The City Clerk and such officers of the city designated by the Clerk
for said purpose shall have the power and authority to enter any store or
building in which a transient retail business may be carried on at any time
during business hours for the purpose of ascertaining the amount of sales
made. At all times the City Clerk shall have access to the books of such businesses
that relate to the transient operation in the city.
A.
Every person conducting a transient retail business pursuant
to this chapter shall on the first day of each month of operation, or the
day following termination on a permit issued for less than one month, present
to the City Clerk, at City Hall, a verified statement showing the total gross
sales made during the week preceding. The Clerk may request supporting documentation
such as New York State sales tax reports and register receipts.
C.
The permit holder shall, on the day following cessation
of sales pursuant to a permit, provide to the City Clerk proof of the payment
of all sales tax due and owing to the New York State Department of Taxation
and Finance.
Any person who violates any of the provisions of this chapter shall
be punished as follows:
A.
A violation of any provision of this chapter is hereby
declared to be a violation and shall be punishable by a fine of not less than
$100 nor more than $250 or imprisonment for not more than 15 days, or both.
B.
In addition to the penalties hereinabove imposed, the
permit of such person shall be canceled and revoked and forfeited.
