[HISTORY: Adopted by the City Council of
the City of Corning 4-1-1963. Amendments noted where applicable.]
It shall be unlawful for any person to engage in the business of peddler as defined in § 158-2 herein within the corporate limits of the City of Corning without first obtaining a license therefor as provided herein.
[Amended 8-2-1965; 10-5-1998 by L.L. No. 32-1998]
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who contacts Corning residents, directly or indirectly, within City boundaries by foot, vehicle or telephone to sell or offer to sell goods, wares and merchandise or services of any description; offering and exposing the same for sale or making sales and delivering articles to purchasers, or who, without traveling, shall sell or offer the same for sale from a vehicle or stand; and provided, further, that one who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler. The only exceptions shall be those as defined in § 158-10 herein.
[Amended 1-3-2000]
Any person, transient wholesaler, transient merchant, firm,
corporation, association, club, copartnership or society or any other
organization.
A.
Information required. Applicants for permits and licenses
under this chapter must file with the City Clerk a sworn application,
in writing, in duplicate on a form to be furnished by the City Clerk
which shall give the following information:
(1)
Name, age, residence and description of the applicant
and his/her business and, if employed, the name and address of the
employer and the length of time for which the right to do business
is desired.
(2)
If a vehicle is to be used, a description of same,
together with the means of identification of same, and a statement
as to whether or not the applicant has been convicted of any crime,
misdemeanor or violation of any municipal ordinance, the nature of
the offense and the punishment or penalty affixed therefor.
B.
Fee. At the time of filing the application, a fee
as set from time to time by resolution of the City Council shall be
paid to the City Clerk to cover the cost of investigation.
[Amended 10-5-1998 by L.L. No. 32-1998]
[Amended 10-5-1998 by L.L. No. 32-1998]
Upon receipt of such application, the copy shall
be referred to the Chief of Police who shall cause such investigation
of the applicant's business and moral character to be made as he/she
deems necessary for the protection of the public good. If, as a result
of such investigation, the character and business responsibility of
the applicant are found to be satisfactory, the Police Chief shall
endorse on the application his/her approval and make his/her return
to the City Clerk who shall deliver to the applicant his/her permit
and issue a license which shall be countersigned by the City Manager.
However, if, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactory, the Police
Chief shall disapprove such application and return same to the City
Clerk, who shall notify the applicant that his/her application is
disapproved. The City Clerk shall keep a permanent record of all licenses
issued.
Before a license is issued hereunder, every
applicant hereunder shall file with the City Clerk a surety bond running
to the City of Corning in the amount of $1,000 or a bond executed
by the applicant as principal and sureties, upon which service of
process may be made in the State of New York in said amount, said
bond to be approved by the City Attorney, conditioned that said applicant
shall comply fully with all of the provisions of the ordinances of
the City of Corning and the statutes of the State of New York regulating
and concerning the business of applicant and guaranteeing to any resident
of the City of Corning that all money paid as a down payment will
be accounted for and applied according to the representations of the
applicant and further guaranteeing to any resident of the City of
Corning doing business with said solicitor that the property purchased
will be delivered according to the representations of said applicant.
Before any license as herein provided shall
be issued for engaging in the business of any applicant herein in
the City of Corning, such applicant shall file with the City Clerk
an instrument nominating and appointing the City Clerk his/her true
and lawful agent with full power and authority to acknowledge service
of notice of process for and on behalf of said applicant in respect
to any matters connected with or arising out of the business transacted
under said license and the bond given as required hereinabove or for
the performance of the conditions of said bond or for any breach thereof,
which said instrument shall also contain recitals to the effect that
said applicant for said license consents and agrees that service of
any notice or process may be made upon said agent, and when so made
shall be taken and held to be as valid as if personally served upon
the person or persons applying for said license under this chapter,
according to the law of this or any other state, and waiving all claim
or right of error by reason of such acknowledgment of service or manner
of service. Immediately upon service of process upon the City Clerk,
as herein provided, the City Clerk shall send to the licensee at his/her
last known address, by registered mail, a copy of said process.
[Amended 10-5-1998 by L.L. No. 32-1998]
The fee shall be as set forth from time to time
by resolution of the City Council[1] for each person proposing to peddle as defined in § 158-2 above, and said fee shall be for the duration of the peddler's operation, but not more than a period of 30 days, and, upon payment of said fee, the peddler shall receive from the City Clerk a license to be of such design as the City Clerk may deem proper. No license issued under the provisions of this chapter shall be used or worn at any time by any person other than the one to whom it was issued, and upon completion of his/her business as a peddler in the city, said license shall be returned to the City Clerk.
No peddler, nor any person in his/her behalf,
shall shout, cry out or attract attention to his/her goods, wares
or merchandise in such a manner as to disturb the peace and quiet
of any part of the city.
[Amended 5-9-1990]
A.
No person shall have any exclusive right to any location
in a public place, nor shall any be permitted a stationary location,
nor shall he/she be permitted to operate in any congested area where
his/her operations might impede or inconvenience the public. For the
purpose of this chapter, the judgment of a police officer, exercised
in good faith, shall be deemed conclusive as to whether the area is
congested or the public impeded or inconvenienced.
[Amended 10-5-1998 by L.L. No. 32-1998]
B.
No person shall be permitted to operate from any location
within 120 feet of the area defined as Centerway Square, bounded on
the south by Market Street, the north by Tioga Avenue, bounded east
by Lots 27 to 29 in Block 61 and west by Lots 44 to 48 in Block 63.
Exception to these restrictions can be authorized by Council under
"special event" classification for civic organizations and community
events.
C.
In the case of a special event occurring in the City of Corning, the City Clerk shall have the authority, upon due notice to the holders of licenses, to restrict or temporarily eliminate the activities of said licensee within three blocks of the special event for a period no longer than that during which the special event is occurring. Said restriction or temporary elimination shall be without liability to the City of Corning for said restriction upon or elimination of activities of the licensee. The failure of the licensee to adhere to such directive shall result in penalties upon § 158-11 of this chapter.
[Added 7-8-1993]
D.
In the case of a special event occurring in the City of Corning, the City Clerk shall also have the authority to deny all applications for licenses for a period no longer than that during which the special event is occurring. The power to issue licenses within three blocks of a special event is that of the event organizer under Chapter 194, Special Events.
[Added 7-8-1993]
E.
All peddlers or persons engaged in the business of a peddler, as defined in § 158-2, shall take appropriate measures to the satisfaction of the City Manager to protect city-owned property and rights-of-way from grease, food products, beverages, trash or any other substance or material which may cause damage to, or alter the appearance of, the City's property or rights-of-way.
[Added 5-5-2003]
[Amended 10-5-1998 by L.L. No. 32-1998]
This chapter shall be inapplicable to a person
who:
A.
Is an honorably discharged member of the armed forces
who holds a license granted pursuant to § 32 of the General
Business Law of the State of New York.
B.
Is licensed under the Charter or ordinances of the
City of Corning or otherwise specifically exempted by law. Nonprofit
organizations and high school students in the Corning City School
District are hereby exempted from the provisions of this chapter,
and nothing herein contained shall be construed to limit or restrict
any person, firm, association, partnership or corporation engaged
in wholesale or retail distribution from soliciting from and delivering
orders to any store, retail or manufacturing establishment in the
City of Corning.
C.
Shall sell farm products, if such farm products are hawked or peddled by the producer thereof or his/her agents or employees, or to a person who sells such produce to residents, who has an established route or list of customers, except, in such case, such person shall register annually with the City Clerk and pay an annual license fee as set forth from time to time by resolution of the City Council, and further provided that such persons comply with §§ 158-8 and 158-9 herein.
[Amended 7-8-1993; 10-5-1998 by L.L. No. 32-1998]
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be punished by a fine
not to exceed $250 or by imprisonment not to exceed 15 days, or both
such fine and imprisonment.
