[Amended 4-17-1995 by L.L. No. 7-1995]
This chapter shall be titled "A Local Law Regulating Transient Merchants, Transient Merchant Markets, Peddlers and Solicitors."
[HISTORY: Adopted by the Town Board of the Town of Queensbury 2-27-1995 by L.L. No. 6-1995.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Drug paraphernalia — See Ch. 77.
Display of obscene materials — See Ch. 118.
Temporary blocking of streets — See Ch. 150.
Sunday activities — See Ch. 152.
[1]
Editor's Note: This local law also repealed former Ch. 160, Transient Merchants, Peddlers and Solicitors, adopted 5-21-1990 as L.L. No. 5-1990, as amended. This local law also provided as follows: "This chapter shall apply to all transient merchants, solicitors, peddlers and transient merchant and/or solicitor markets located, operating, doing business, transacting business or otherwise performing the activities subscribed to such enterprises, individuals or activities in this chapter within the Town of Queensbury as of the effective date of this chapter, except that this chapter shall not apply to any transient merchant, solicitor, peddler or transient merchant and/or solicitor market who or which has a current and valid license, permit or approval to operate, issued prior to the effective date of this chapter by the Town Board or the Town Clerk of the Town of Queensbury in accordance with the provisions of previous Chapter 160 herein repealed. Licenses, permits or approvals previously issued shall be authorized pursuant to and subject to the provisions of the aforementioned repealed Chapter 160. Any new licenses or renewals of previously issued license, permits or approvals therefor shall be applied for and issued in accordance with this chapter. Transient merchants, solicitors, peddlers and transient merchant and/or solicitor markets for which licenses, permits or approvals are required or issued in accordance with this chapter shall be subject to and regulated in accordance with the provisions of this chapter. The exemption from the provision of this chapter of transient merchants and solicitors who have a current and valid license, permit or approval to operate shall not apply to those operating in a transient merchant and/or solicitor market, except as specifically provided for herein. The provisions of this chapter shall apply and supersede all previously local laws or regulations."
The purpose of this chapter is to register and regulate solicitors/peddlers, transient merchant and transient merchant markets located, operating, doing business, transacting business or otherwise performing the activities subscribed to such enterprises, individuals or activities in this chapter within the Town of Queensbury. In those instances where the aforesaid transient merchants and/or markets for transient merchants, solicitors and peddlers are in a fixed place for a period of time, the purpose of this chapter is also to require conformity with the Town's Comprehensive Land Use Plan and zoning laws so that the community's land use and planning goals are not unduly interfered with or defeated by unregulated enterprises.
As used in this chapter, the following terms shall have the meanings indicated:
An exhibition or competition which highlights one breed or species of domesticated animal.
[Added 7-21-2008 by L.L. No. 6-2008]
An individual, partnership, corporation, association, tenant and/or property owner requesting a peddlers/solicitors license or transient merchant/transient merchant market license.
A meeting of individuals or representatives of various bodies or of members of a profession, for the purpose of discussing and/or acting on topics of interest common to them.
[Added 7-21-2008 by L.L. No. 6-2008]
An exhibition which highlights available new or upcoming products.
[Added 7-21-2008 by L.L. No. 6-2008]
An assembly or meeting of members, representatives or delegates of a political party, fraternal society, profession or industry.
[Added 7-21-2008 by L.L. No. 6-2008]
An exhibition or display, open to the public, of a collection of related items or services.
[Added 7-21-2008 by L.L. No. 6-2008]
A person, corporation, partnership, association or any other organization undertaking a commercial activity through the act of selling, offering for sale or soliciting orders for future sales of merchandise, works of art, meats, seafood, vegetables, fruit, other food products or goods of any kind, magazines, books, photos or educational books, by going from house to house and not by remaining stationary in any private or public place, motor vehicle or nonmotorized vehicle, for the purpose of making or soliciting sales or demonstrating or making estimates of services to the general public.
An exhibition of businesses or companies which highlights a specific industry or product.
[Added 7-21-2008 by L.L. No. 6-2008]
A retail or wholesale business conducted in a building, temporary structure or tent; from a truck, van or trailer; on a parking lot or vacant parcel of land; on a part of a public right-of-way; or in any other place for a temporary period of time. The type of merchandise being offered for sale will have no bearing on the designation. This definition shall not apply to a temporary structure or tent used consistently with a Permit issued under Chapter 161, Special Sales Events.
[Amended 5-16-2005 by L.L. No. 2-2005]
A transient merchant market being any gathering or group of three or more transient merchants, peddlers/solicitors upon any lands, structures or facilities within the Town of Queensbury.
[Amended 6-5-1995 by L.L. No. 8-1995[1]]
All activities which meet the definitions of solicitor/peddler and transient merchant/transient merchant market shall comply with the following requirements:
A.
Determination. It shall be the responsibility of the Zoning Administrator to determine if and what type of license is required under this chapter.
B.
License. All activities as defined in § 160-4 Definitions, except those listed in § 160-5, shall be subject to issuance of a license by the Town Clerk. The conditions for obtaining a license are set forth in § 160-7, Peddlers/solicitors license requirements, and § 160-8, Transient merchant/transient merchant market license requirements.
[1]
Editor's Note: This local law also provided for the renumbering of former Subsections A through D as Subsections B through E, respectively.
[Amended 7-10-1995 by L.L. No. 10-1995]
A.
No person, corporation, partnership or sole proprietorship shall operate, cause to be operated or participate in a transient merchant market and/or conduct business as a transient merchant, peddler and/or solicitor unless and until a license has been received from the Town of Queensbury in accordance with the provisions of this chapter.
B.
No owner of real property located in the Town of Queensbury shall knowingly allow said real property to be used by or in furtherance of the business of a transient merchant or a transient merchant market, unless the transient merchant and/or transient merchant market shall have first been licensed as required by this chapter. Real property shall be deemed "used" as provided herein when the real property is the place where goods and/or services are offered for immediate sale and/or where orders are taken for subsequent delivery of goods or furnishing of services by transient merchants and/or transient merchant markets. "Knowingly" shall be defined and application of such term shall be as the term is set forth in the Penal Law of the State of New York.
[Amended 6-5-1995 by L.L. No. 8-1995; 7-10-1995 by L.L. No. 10-1995]
The provisions of this chapter which require registration and/or licenses shall not apply to the following types of sales, except that any activities or locations used in furtherance of sales identified hereunder must still comply with all other laws, ordinances, rules and regulations of the State of New York, County of Warren and/or Town of Queensbury, including the Town of Queensbury Zoning Laws:[1]
A.
Any sales conducted pursuant to statute or by order of any court.
B.
The peddling of meats, fish, fowl, fruit, vegetables, flowers, shrubs and trees by a gardener or farmer or his employees where the products so sold or offered for sale are the produce of this vendor's farm, garden or orchard.
C.
Sales by dealers in milk, baked goods, heating fuel, dry cleaning/laundry and daily newspapers.
D.
Sales by any person soliciting at the express invitation of the person solicited or soliciting to established customers.
E.
Sales by any school group; veterans, fraternal or charitable organization; volunteer firemen's association; religious, civic or service group; or other nonprofit organization or association that maintains a chapter or place for the regular conduct of business or meetings within the County of Warren.
F.
Any veteran who has procured a license from the State of New York pursuant to § 32 of the General Business Law.
G.
Garage sales.
[Added 7-21-2008 by L.L. No. 6-2008]
A.
Designation as convention, sports or exhibits center. The Town Board shall maintain a list of recognized convention, sports or exhibits centers (convention, sports or exhibits centers as defined in Chapter 179, Zoning).
(1)
Any facility desiring recognition as a convention, sports or exhibits centers shall file an application to the Town Board.
(a)
The application shall contain the following information and material:
[1]
The name of the applicant;
[2]
The applicant's federal employee identification number;
[3]
The applicant's New York sales tax number;
[4]
The location of the facility;
[5]
A description and map of the facility and the amenities offered, including, but not limited to, dimensional size, number of available restrooms, available parking, maximum occupancy capacity and accessibility for persons with disabilities. Cross-reference shall be made to any existing, approved site plan;
[6]
If off-site facilities are used for ancillary services such as parking, a map of such facilities shall also be provided.
(b)
A fee of $200 shall be paid to the Town Clerk at the time the application is filed.
(2)
Procedure for seeking approval.
(a)
Public hearing. The Town Board will schedule a public hearing to consider applications for recognition.
(b)
Factors for consideration in review of the application shall include the magnitude of planned events, anticipated attendance, special services which may be required, the maximum capacity of the forum, parking, sanitary facilities, access for persons with disabilities, security, and other relevant factors.
(c)
The Town Board may, upon a finding that the facility is appropriate for the types of events planned and will not cause an undue hardship to adjoining property owners and/or the public, and/or have undue traffic impacts, approve the application or approve it with conditions. Such conditions may include but are not limited to size of events, parking, hours of operation, parking constraints, maintenance of insurance and/or a bond, or facility improvements necessary to accommodate proposed events.
(3)
Revocation of approval. The Town Board may revoke recognition if:
(a)
It is determined that a material misrepresentation was made in the application or supporting materials seeking designation as a convention, sports or exhibits center.
(b)
The applicant, its agents, employees or contractors fail to comply with federal, state and/or local laws in relation to the facility or any events held thereat.
A.
Application. All peddlers/solicitors, except those exempted from this chapter (see § 160-6), shall be required to obtain a license from the Town Clerk.
(1)
The application as provided by the Town Clerk shall contain the following information and material:
(a)
The name of the applicant.
(b)
The applicant's federal employee identification number or social security number.
(c)
The applicant's New York State sales tax number.
(d)
The applicant's permanent home residence and business address, if any.
(e)
If the application is filed by an agent, the name of the firm/association or person represented and written authorization by the firm authorizing the representation.
(f)
The number of weeks and the beginning and ending date for which the license is requested.
(g)
A description of the goods, wares, commodities or services to be offered for sale or to be used for the purpose of bidding for services. Included shall be the brand name, manufacturer (including address) and distributor of goods (including address) and commodities and the name, publisher and distributor of all books, magazines or periodicals to be offered for sale.
(h)
Authorization of an agent to receive service of summons, including name and address.
(2)
The application must be appended to a document of authorization from the firm which the applicant purports to represent.
B.
License fee; duration. All licenses for peddlers/solicitors shall be subject to the following time constraints and fee schedule:
(1)
A fee of $15 per week shall be paid to the Town Clerk prior to issuance of the license.
(2)
Each applicant for a peddlers/solicitors license shall be limited to one license per year.
(3)
The maximum licensing period for a peddlers/solicitors license shall be 32 weeks per calendar year per application. (A calendar year will run from January 1 to December 31.)
[Amended 7-21-2008 by L.L. No. 6-2008]
C.
Bond or certified funds. Before any license authorized herein shall be issued, the applicant shall file with the Town Clerk proof of a bond executed by a surety company or insurance company licensed to do business in the State of New York or an irrevocable one-year letter of credit issued by a licensed banking institution in the sum of $5,000 for the purposes of saving harmless the citizens of the Town of Queensbury from any and all damages which may be incurred by said citizens as a result of false or fraudulent unlawful sales practices by any person licensed hereunder. In lieu of the foregoing bond or irrevocable letter of credit, cash or certified funds in the amount hereinbefore set forth shall be deposited with the Town Clerk. Such funds shall be held for a period of one year from the expiration of the license. Interest earned shall be the property of the applicant. The funds shall be used to satisfy any judgment obtained in judicial proceedings for damages incurred by citizens of the Town of Queensbury as a result of false, fraudulent or unlawful sales practices by any person licensed hereunder.
A.
Application. All transient merchants/transient merchant markets, except those exempt from this chapter (see § 160-6), shall be required to obtain a license from the Town Board.
(1)
Application. Written application for a license to operate a transient merchant/transient merchant market shall be provided by the Town Clerk and submitted to the Town Board at least 60 days prior to the commencement of operation by filing the application as provided by the Town Clerk during regular business hours. The application shall contain the following information:
(a)
The name of the applicant.
(b)
The applicant's federal employee identification number.
(c)
The applicant's New York State sales tax number.
(d)
The location of the proposed market.
(e)
The residence address and/or business address of the applicant, if any; if the application is filed by an agent, the name of the firm or person represented and written authorization by the firm authorizing the representation.
(f)
The number of transient merchants or solicitors that will have business in or be part of the proposed market.
(g)
A plan or map to scale showing the location of the proposed market in proximity to property boundaries and any other temporary or permanent structure on the lot. The plan or map shall also show the location of the vendors within the market, the provision for dedicated parking, vehicular access to and from the site, the zoning district in which the market is to be located, provision for water supply and sewage disposal.
(h)
The days and hours during which the market will be open or operated, up to a maximum of 6 days in any year that the license for such market is in effect.
[Amended 5-4-2009 by L.L. No. 4-2009]
(i)
A general description of the goods, wares, commodities or services to be offered for sale or to be used for the purpose of bidding for services.
(j)
Authorization of an agent to receive service of summons.
(k)
Such other information as the Town Board shall require to enable the Town Board to make its review in accordance with the general requirements hereinafter set forth.
(l)
Fifteen copies of a completed application shall be submitted: one copy for the Town Clerk and one copy for the Zoning Administrator for a determination of the completeness of the application and compliance with the requirements of this chapter and the Town of Queensbury Zoning Ordinance, seven copies to the Planning Board, five copies to the Town Board and one copy to the Town Attorney.
(2)
Site plan review. All applications for operation as a transient merchant/transient merchant market shall be subject to site plan review by the Town of Queensbury Planning Board, as follows:
(a)
The Town Clerk, upon receipt of an application deemed complete by the Zoning Administrator, will forward the same to the Town Board.
(b)
The Town Board at its discretion may forward the application to the Town Planning Board for site plan review comments.
(c)
The Queensbury Planning Board shall review and recommend the approval, approval with modifications or denial of the site plan, which has been prepared to the specifications set forth in this chapter and in accordance with the regulations set forth in Chapter 179, Article V, §§ 179-34 through 179-39, of the Code of the Town of Queensbury. In addition to the filing fee provided for herein, the applicant shall also be required to pay any fees or costs incurred by the Planning Board for legal, engineering and/or other technical review, provided that the fees or costs reflect the actual cost to the Planning Board therefor. This fee shall not exceed $1,000 without the consent of the applicant.
(d)
After receipt of a recommendation from the Queensbury Planning Board, the Town Board will make the final determination of approval, approval with modifications or denial.
B.
License fee; duration. All licenses for operation of transient merchant/transient merchant market shall be subject to the following time constraints and fee schedule:
(1)
A fee of $500 per day shall be paid to the Town Clerk after approval of the application by the Town Board and prior to issuance of license.
(2)
Each applicant for a transient merchant/transient merchant market license shall be limited to one license per year. The maximum licensing period for a transient merchant license or transient merchant market license shall be 14 days per calendar year per applicant. (A calendar year will run from January 1 to December 31.)
C.
Bond or certified funds. Before any license authorized herein shall be issued, the applicant shall file with the Town Clerk proof of an bond executed by a surety company or insurance company licensed to do business in the State of New York or an irrevocable one-year letter of credit issued by a licensed banking institution in the sum of $10,000 for the purposes of saving harmless the citizens of the Town of Queensbury from any and all damages which may be incurred by said citizens as a result of false or fraudulent unlawful sales practices by any person licensed hereunder. In lieu of the foregoing bond or irrevocable letter of credit, cash or certified funds in the amount hereinbefore set forth shall be deposited with the Town Clerk. Such funds shall be held for a period of one year from deposit. Interest earned shall be the property of the applicant. The funds shall be used to satisfy any judgment obtained in judicial proceedings for damages incurred by a citizens of the Town of Queensbury as a result of false, fraudulent or unlawful sales practices by any person licensed hereunder.
A.
Upon receipt of an application, the Town Clerk shall refer the application, in accordance with this chapter, to the Planning Board for site plan review.
B.
The Town Clerk shall refuse to register the application and issue a license if it is determined, pursuant to the procedures required herein:
C.
Absent a cause to refuse registration in accordance with this section, the Town Clerk shall grant a registration and issue to the applicant a license. Such license shall authorize the holder to conduct business within the Town in accordance with the terms and provisions hereof or any site plan approvals, for a period of the license. The Town Clerk shall maintain an accurate record of every application received and acted upon, together with all other information and data pertaining to the application and all licenses issued and applications refused.
Any applicant refused registration and/or a license shall appeal to the Town Board of the Town of Queensbury prior to commencing any proceedings at law to review the determination of the Town Clerk. The appeal to the Town Board shall be made by way of written letter submitted to the Town Clerk of the Town of Queensbury, within 30 days of the time the registration and/or license is denied. The letter appealing the Town Clerk's decision shall set forth each and every reason why the applicant feels that the denial of the registration or license was improper. Upon receipt of such an appeal, the Town Board of the Town of Queensbury shall, within 20 days, mail written notice to the appellant, which date and time shall be not later than 30 days from the date the registration or license was denied. Upon hearing the appellant's arguments, as well as reviewing the applications and the law, the Town Board of the Town of Queensbury shall make a decision as to whether to uphold the Town Clerk's findings or deny the same, within 15 days thereafter. In the event that the Town Board fails or refuses to take action on the appeal, such nonaction will not be considered as approving the permit, but shall allow the applicant to, at that time, proceed with any other type of judicial review that he may be entitled to under law. Such judicial review, however, shall be made within 30 days of the item the Town Board refuses or fails to take action on or 30 days from the last date by which the Town Board was to have taken some action as required by this chapter.
The Town Board may, from time to time and by resolution, specify the form of the applications and licenses required herein but may not change the content or matters to be included therein without revision of this chapter.
If for any reason any section or part or parts of any section of this chapter shall be declared unconstitutional or beyond the power the Town to enact, such facts shall not affect or impair in any way any other provisions of this chapter, but such other provisions shall be in full force and effect.
[Added 4-17-1995 by L.L. No. 7-1995]
A.
Causes. Licenses issued under the provision of this chapter may be revoked by the Town of Queensbury Town Board, after notice and hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application for the license.
(2)
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of solicitor or transient merchant in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(6)
Complaint received by the Town in violation of a no-soliciting sign on a private residence or business.
B.
Hearing. Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the licensee at his last known address at least five days prior to the date set for hearing.
[Added 4-17-1995 by L.L. No. 7-1995; amended 6-5-1995 by L.L. No. 8-1995]
A.
Each violation of this chapter or of any regulation, order or rule promulgated thereunder shall be punishable by a fine not exceeding $950 for each offense. Each day a violation continues shall be a separate offense. In addition to such fine(s), any transient merchant who shall operate without the required license shall be required to pay the license fees such transient merchant would have been required to pay if such transient merchant had properly obtained such license. The payment of such license fee(s) shall not be a fine but restitution to the Town of revenues that should have been paid.
[Amended 5-17-2004 by L.L. No. 3-2004; 5-16-2005 by L.L. No. 2-2005]
B.
In case any transient merchant shall erect, construct or maintain a transient merchant business or use any building, structure or land or sites in violation of this chapter or other permit or approval issued or made hereunder, the Code Compliance Officer or other proper local authorities of the Town may, in addition to seeking other remedies, penalties and/or fines, institute any appropriate actions or proceedings to:
(1)
Prevent such unlawful erection, construction, maintenance, use of any building, structure, land or site;
(2)
Restrain, correct or abate such violation;
(3)
Prevent the occupancy of said building, structure, land or site; and/or
(4)
Prevent any illegal act, conduct, business or use in or about such premises.
[Added 7-10-1995 by L.L. No. 10-1995]
In addition to the Town of Queensbury officers and/or employees authorized, expressly or by implication, to administer and enforce this chapter, the Code Compliance Officer for the Town of Queensbury is expressly delegated the duty and responsibility to administer and enforce the provisions of this chapter and, in furtherance thereof, to issue appearance tickets as defined, authorized and set forth in Article 150 of the Criminal Procedure Law of the State of New York.