This article is enacted for the purpose of regulating
the conduct and business practices of transient merchants within the
Village of East Aurora.
As used in this article, the following terms
shall have the meanings indicated:
An individual, firm, partnership, corporation, voluntary
association, incorporated association and principal or agent thereof.
A retail or wholesale business conducted in a temporary structure
or tent; or from a truck, van or trailer; on a parking lot or vacant
parcel of land; on a part of public right-of-way; or in any other
place for a temporary period of time. Lack of a rental or leasing
agreement of three months' or more duration, sealed by monetary consideration,
shall be presumptive of a temporary situation. The type of merchandise
being offered for sale will have no bearing on the designation.
The purpose of this article is to assist the
government of the Village of East Aurora, the management of its business,
the preservation of good order and the peace, health, safety and welfare
of its inhabitants and the protection and security of their property.
A.
No person shall engage in business as a transient
merchant unless he shall first obtain a license to do so from the
Village Clerk no later than 14 business days before the first date
of business.
C.
Any honorably discharged member of the United States
Armed Forces who has procured a license under Article 4 of the General
Business Law of the State of New York shall obtain a license as required
under this article but shall be exempt from any fee.
D.
All license applications of transient retail merchants
shall require the approval of the Village of East Aurora Police Department,
Village Attorney and Building Inspection Department.
[Amended 3-14-2006 by L.L. No. 1-2006]
An application for a transient merchant's license
shall provide the following information:
A.
The address of the applicant's residence.
B.
The firm or firms represented, together with copies
of documents establishing the firm's state or county, form of organization,
ownership and qualifications to do business in the State of New York,
including but not limited to, doing business as certificates, certificates
of incorporation, certificate of authority from the New York Sales
Tax Department, Disability and Workers' Compensation Insurance and
the exact relationship between the firm and the transient merchant.
C.
A brief description of the firm and the kind of goods
or commodities the applicant desires to sell.
D.
The hotel, room or other location where the applicant
proposes to sell such merchandise, and the time during which said
business is to be conducted.
This article shall not be held to apply to any
of the following:
B.
Sales conducted pursuant to the order by any court.
C.
Any person selling personal property at wholesale
to dealers in such articles.
D.
The sale of fruits and vegetables raised on the property
where being sold.
E.
Persons soliciting, collecting or operating a sale
on behalf of any bona fide charitable educational, scientific, health,
religious, patriotic or other organization of worthy cause deemed
to be in the public interest.
F.
Any person selling personal property at a garage sale
held at his residence.
The laws of the Village of East Aurora, including but not limited to Chapter 285, Zoning, of the Village of East Aurora shall apply to all licenses granted under this article. The Village reserves the right to revoke any license that violates such laws of the Village of East Aurora.
[Amended 3-14-2006 by L.L. No. 1-2006]
Violations of any of the provisions of this
article shall be punishable by a fine of not more than $250 or by
imprisonment for not more than 15 days, or both. Each day's continuance
of a violation after notice shall be deemed a separate and distinct
violation and shall be punishable accordingly.
