[HISTORY: Adopted by the Town Board of the
Town of Queensbury 2-27-1995 by L.L. No. 6-1995. 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.
[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."
The authority for this chapter is Municipal Home Rule Law § 10, Subdivision 1(ii)a(11) and (12), and Town Law Article
16 entitled "Zoning and Planning."
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:
ANIMAL SHOW
An exhibition or competition which highlights one breed or
species of domesticated animal.
[Added 7-21-2008 by L.L. No. 6-2008]
APPLICANT
An individual, partnership, corporation, association, tenant
and/or property owner requesting a peddlers/solicitors license or
transient merchant/transient merchant market license.
CONFERENCE
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]
CONSUMER SHOW
An exhibition which highlights available new or upcoming
products.
[Added 7-21-2008 by L.L. No. 6-2008]
CONVENTION
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]
EXPO
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]
SOLICITOR/PEDDLER
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.
TRADE SHOW
An exhibition of businesses or companies which highlights
a specific industry or product.
[Added 7-21-2008 by L.L. No. 6-2008]
TRANSIENT MERCHANT
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]
TRANSIENT MERCHANT MARKET
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]
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.
C. Location. All activities as defined in §
160-8, Transient merchant/transient merchant market license requirements shall comply with the Town of Queensbury zoning requirements for use, area and parking.
D. Time. All activities as defined in §
160-4, Definitions, shall be limited in duration by the requirements set forth in §
160-7, Peddlers/solicitors license requirements, and §
160-8, Transient merchant/transient merchant market license requirements.
E. Fee. All activities as defined in §
160-4, Definitions, shall be subject to payment of a license fee as set forth in §
160-7, Peddlers/solicitors license requirements, and §
160-8, Transient merchant/transient license requirements merchant market.
[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:
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.
H. Any sales conducted by the owner of an established business from the site of said business. This is not intended to provide exemption to requirements as set forth in Chapter
179, Zoning.
[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.
B. Owner responsibilities.
(1)
The owner of the convention, sports or exhibits
center is responsible for any and all federal, state and town permits
and/or licenses necessary for an event.
(2)
The owner shall provide the Town Board with
notice 30 days before each and every scheduled event.
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.
(3) Before a license can be issued, the applicant must provide a bond, letter of credit or cash required by this chapter. (See §
160-7C.)
(4) At the time of application, the applicant shall pay the fee set forth in §
160-7B.
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.
(e)
Before a license is issued, the applicant must provide a bond, letter of credit or cash required by this chapter (See §
160-7C).
(f)
The applicant shall pay the fee set forth in §
160-8B at the time of issuance of license.
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:
(1) That the application is incomplete and does not contain
all information required.
(2) That site plan approval was not issued by the Planning
Board.
(3) That the applicant failed to provide a bond or certified
funds and an authorization of agent or service as required hereby.
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.