1997 – No.1 – Vending and Soliciting
LOCAL LAW NO. 1 OF THE YEAR 1997
LOCAL LAW ESTABLISHING: VENDING AND SOLICITING
Section 1 – Findings.
It is found and declared that:
A. The business of vending merchandise and refreshments in the public streets, sidewalks, places and from door to door in the Village of Sackers Harbor should be regulated to protect the public health, safety and welfare of the inhabitants of the Village of Sackers Harbor.
B. Reasonable regulation of vending is necessary for the prevention of congestion of traffic and travel.
C. Persons engaged in the business of vending should be required to be licensed and to furnish such information as necessary to effectively carry out the purposes of this Local Law.
Section 2 – Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
PERSON – Includes a person of either sex, acting as principal or as agent or representative for corporations, partnerships, associations, joint-stock companies, limited liability companies, societies and all other entities of any kind capable of being sued.
PUBLIC PLACE – A place to which the public or a substantial group of persons has access, but shall not mean the interior floor space of any building or store, exclusive of porches, patios, and other similar areas not enclosed by solid wails.
SOLICITOR – Includes any person who goes from place to place or house to house, or who stands in any street or public place and solicits, inquires, asks a question of any other person for information to be used in the preparation of any type of survey.
VENDOR – Includes, except as hereinafter expressly provided, any person, either principal or agent, who, in any public place or by going from house to house or place of business to place of business on foot or on or from any animal or vehicle, sells or barters, offers for sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, whether or not delivery is made or payment is collected at the time of sale. This includes any person engaged in the selling or offering for sale of refreshments, food commodities or merchandise on the public streets, sidewalks or public places or from door to door in the Village of Sackets Harbor, from a stand, motor vehicle or from the person. Persons who solicit orders by telephone shall not be considered vendors for purposes of this section.
VILLAGE CLERK- The Sackets Harbor Village Clerk.
LICENSE- A license issued pursuant to this Local Law.
LICENSEE- Any person holding a license pursuant to this Local Law.
SPECIAL EVENTS- Any event, celebration or parade held within the Village of Sackets Harbor, which has the official endorsement of the Village of Sackers Harbor Board of Trustees. Examples of such special events are, but not limited to, Can-Am days, holiday celebrations and parades.
REFRESHMENT- Any food, fruit or other edible commodity, soft drink or carbonated beverage.
REFRESHMENT BUSINESS OR STAND- Any place or location where is sold, or any place or location where it is proposed to sell or offer for sale at retail for consumption off the premises or location, either as a separate business or in connection with any other business, any refreshment. There shall be three types of “refreshment businesses or stands” as follows:
A. CURBSIDE VENDOR- A vendor who parks a motor vehicle at a licensed location in connection with the operation of a refreshment business or stand, whether the vehicle serves as the refreshment stand or not.
B. SIDEWALK VENDOR- A vendor who operates and locates a refreshment business or stand on the sidewalk only, and who does not park a motor vehicle at the licensed location.
C. ICE CREAM TRUCK VENDOR- A vendor who sells ice cream as a primary product from a motor vehicle and along the public streets.
VEND- The act of selling or offering for sale refreshments or merchandise on the public streets, sidewalks or places or from door to door in the Village of Sackets Harbor, from a stand, motor vehicle or from the person.
Section 3 – Rules and Regulations.
The Village Board of Trustees, may promulgate rules and regulations which are consistent with this Local Law for the Village of Sackers Harbor and which are necessary to effectuate the purposes of this Local Law.
Section 4 – Exemptions.
Nothing in this chapter shall be held to apply to any of the following:
A. Sales conducted pursuant to statute or by order of any court.
B. Any person selling goods, wares or merchandise, or personal property at wholesale to dealers in such articles.
C. Farmers and gardeners who, themselves or through their employees, vend, sell or dispose of products of their own farms and gardens, and who vend, sell or dispose of such products either from a place located on the property where such products are grown or produced, or from a farmer’s market or other place designated by the Village of Sackets Harbor Board of Trustees for such a purpose.
D. Persons soliciting, collecting or operating a sale on behalf of any bona fide charitable, educational, scientific, health, religious, civic or other organization of worthy cause determined to be in the public interest, except that such persons shall be required to obtain a license, at no cost and without bond, from the Village Clerk, and shall be subject to all the restrictions set forth in this Local Law . The Village Clerk may, in his/her discretion, refuse to issue a license to any such person or persons until they have satisfactorily demonstrated to him/her that they qualify for this exemption. The Village Clerk may, in appropriate cases, waive the insurance and indemnification requirements of this Local Law for such person or persons.
E. Any person selling his/her own personal property at a garage or rummage sale held at his/her private residence.
F. Persons who sell newspapers or periodicals.
G. Individuals under the age of Eighteen (18) years who vend for example, Girl Scout and Boy Scout articles, candy, lemonade or similar items.
Section 5 – License required
It shall be unlawful for any person, within the corporate limits of the Village of Sackers Harbor, to act as a vendor or solicitor, as herein defined, without first having obtained and paid for and having in force and effect a Vendor’s license. The Village Board of Trustees is hereby authorized to limit the number of refreshment business or refreshment stand licenses.
Section 6. – Application for license; bond.
A. Any person desiring to procure a license as herein provided, shall file with the Village Clerk a written application upon a blank form furnished by the Village. Such application shall have the kind of vehicle to be used by the applicant in carrying on the business for
which the license is desired, the kind of goods, wares and merchandise he desires to sell or purchase or the kind of service he desires to perform, the method of distribution, the name, address and age of the applicant, the name and address of the person, firm or corporation he represents and such other information as may be required by the Village Board of Trustees. Such application shall be accompanied by proof of a valid New York State Sale’s Tax Certificate. Such application shall also be accompanied by a certificate from the Sealer of Weights and Measures, if applicable, certifying that all weighing and measuring devices to be used by the applicant have been examined and approved. An application for a license as a vendor who demands, accepts or receives payment or deposit of money in advance of final delivery may be required by the Village Clerk to be accompanied by a bond to the Village of Sackets Harbor, approved as to form and surety by the Village Attorney, in the penal sum of not less than One Thousand ($1,000.) Dollars. The exact amount of said bond is to be determined based upon factors such as the price of said goods being sold, the amount of the customer’s deposit to be obtained by the Vendor, and the number of customer’s deposits which have been received by the Vendor. Said bond is to have a sufficient surety or sureties or sufficient collateral security, conditioned for making a final delivery of goods, wares or merchandise ordered or services to be performed in accordance with the terms of such order or, failing therein, that the advance payment on such order be refunded. Any person aggrieved by the action of any bonded licensee shall have the right by action on the bond for the recovery of money or damages or both. Such bond shall remain in full force and effect, for a period of at least ninety (90) days after the expiration of any Vendor’s license, unless sooner released by the Village Clerk.
B. It is hereby provided that every application for a license, under the provisions of this Local Law shall be made between January 1 and December 31 in each and every year and shall be valid until December 31 of that year.
C. Before any license is issued under this Local Law, the application shall be referred to the Sackets Harbor Police Department for the making of such investigation of the applicant as it deems necessary for the protection of the public good. A report of such investigation shall be made to the Village Clerk.
SECTION 7 – LICENSE
Upon the filing of the application, the bond (if required) and weights and measures certificate, if applicable, the Village Clerk shall, upon his/her approval of such application and that of the Police Department, issue to the applicant a license as provided herein, signed by the Village Clerk. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, or general welfare. The Village Clerk may, in his/her discretion, impose conditions upon the use of said license, including, but not limited to the times of day, days of the week and geographical limits within which the licensee may perform the buying, selling or bartering allowed by this chapter. A license shall not be assignable. Any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall each be guilty of a violation of this Local Law. Whenever a license shall be lost or destroyed on the part of the holder, his agent or employee, a duplicate in lieu thereof, under the original application and bond, may be issued by the Village Clerk upon the filing with him/her by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery. All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which they are issued and shall state clearly the kind of vehicle to be used, if any, the kind of goods, wares and merchandise to be sold or purchased or service to be rendered, the dates of issuance and expiration for the license, the fee paid and the name and address of the licensee. Such licenses shall automatically expire on December 31 following the date of issuance of such licenses, but licenses may specifically state and provide for an earlier expiration date. No license shall be granted to a person under eighteen (18) years of age. No applicant to whom a license has been refused or who has had a license which had been revoked shall make further application until a period of at least six (6) months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists.
SECTION 8. License fees.
A. The license fees per annum or for such lesser period of time as shall ensue after the date of the issuance of such license until such license shall automatically expire on December 31 shall be as follows:
License for Fee
Vendors; food or nonfood sales $100.00
from fixed stands or other similar
established location
Vendors; food or nonfood sales $100.00
from vehicles or trailers
Vendors; food or nonfood sales $100.00
conducted from pushcarts or similar devices.
Vendors; shoe shine stands $100.00
Vendors; all others $100.00
Solicitors; all $100.00
Veterans licensed by Jefferson No fee
County under Article 4 of the
General Business Law
To vend refreshments:
(1) Curbside Vendor: $100.00
(2) Sidewalk vendor: $100.00
(3) Ice cream truck vendor: $100.00
To vend flowers: $100.00
To vend balloons: $I00.00
To vend merchandise from door to door: $100.00
B. A person seventy (70) years of age or older shall have the right to make application to waive the fee for any license required by this Local Law, and the Village Clerk may waive such fee upon the applicant’s submitting satisfactory proof of age. Such waiver shall be rescinded if at any time such person shall cease to be the sole person engaged in the activity described in his license.
SECTION 9. General requirements; restrictions.
A licensed vendor or solicitor shall:
A. Be prohibited from vending in a manner that interferes with the pedestrians on
vehicular traffic or other legitimate business in the Village of Sackets Harbor.
B. Not directly or indirectly, cause or permit the public streets, sidewalks or places to be littered with papers, wrappings or other debris or refuse where the littering results from the conduct of his business.
C. Not vend between 9:00 p.m. and 9:00 a.m. of the following day, unless otherwise specified.
D. Not vend within one thousand (1,000) feet of the grounds of any elementary or secondary school between one-half (1/2) hour prior to the start of the school day and one-half (1/2) hour after dismissal at the end of the school day.
E. Not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or offer for sale any unwholesome, tainted or contaminated goods, wares or merchandise.
F. Keep all equipment used by him/her in a clean and sanitary condition and the foods and edibles offered for sale well covered and protected from dirt, dust and insects, in accordance with the appropriate New York State health laws and regulations.
G. Horns and bells.
(1) Not blow a horn, ring a bell or use any other noise device to attract public attention to his wares, or shout or cry out his wares, and not use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public except under the following circumstances:
(a) When required to do so by the New York State Vehicle and Traffic Law, or by other applicable law.
(2) For purposes of this subsection, noise made by such a licensee shall not be continuous and uninterrupted, nor shall it be of a type that a reasonable person, under the circumstances, not tolerate.
H. Not permit any automobile or other vehicle used by him/her to stop or remain on any crosswalk.
I. Not position himself/herself nor place any object in such a manner so as to obstruct any street, sidewalk or public place.
J. Have in full force and effect a liability insurance policy in amounts not less than Five hundred thousand ($500,000) dollars per individual and Five hundred thousand ($500,000) dollars per occurrence. Such policy shall be required by and in the form specified by the Village Attorney.
K. Execute a hold harmless agreement indemnifying the Village against loss, including costs and expenses, resulting from injury to person or property as a direct or indirect result of his/her enterprise. Said hold harmless agreement shall be covered by a protective policy of insurance obtained by the applicant in an amount of not less than Five hundred thousand ($500,000) dollars and shall be subject to the approval of the Village Attorney. Said insurance policy shall name the Village of Sackets Harbor as an additional insured.
L. Not occupy, obstruct or in any way interfere with the normal public use of any beach, park, museum or other structure established by the Village of Sackets Harbor.
M. Comply with any requirements or regulations, including the Village of Sackets Harbor Zoning , promulgated either by the Village Clerk, the Village Board of Trustees, the Village Planning Board or the Police Department regarding the size, type, style, material or other characteristics of the stand, booth, automobile, pushcart or other similar device used by the licensee. It shall be the responsibility of the licensee to obtain information about such standards from the Village Clerk.
N. All licenses shall be displayed in a conspicuous place at all times during the operation of the licensed activity.
SECTION 10 – Additional requirements.
A. Persons licensed pursuant to the provisions of Section 32 of the General Business Law of the State of New York shall be prohibited from vending within the Village of Sackers Harbor unless they have obtained a license in accordance with the provisions of this chapter.
B. Any person vending refreshments or merchandise from a motor vehicle that is attractive to and popular with children, which invites or causes children to gather or collect about the motor vehicle, is required to take those precautions necessary to protect the children from being struck by motor vehicles.
SECTION 11- Pushcarts and Other Similar Devices
A. In addition to the requirements imposed by this Local Law, the following requirements shall apply to licensees who perform any activity mentioned in this chapter from a device of the type commonly known as a pushcart:
1) Licensees shall conduct their activities only within the
boundaries of the Village of Sackets Harbor or as more specifically
designated.
2) The Village Planning Board and/or the Village Board of Trustees shall
have the authority to establish designated parcels or areas in the
Village of Sackets Harbor for use by persons licensed under this section.
They shall also have the authority to draw official maps and diagrams,
to designate thereon any parcels or areas and to conduct a lottery or
other fair and equitable selection method to determine which licensees
shall be entitled to occupy such parcels or areas.
3) Licensees shall comply with any area requirements established pursuant to Subsection A(2) above and shall remain within any such parcels or areas established for their occupancy.
4) Licensees shall comply with any requirement established by the
Village Board of Trustees or the Village Planning Board relative to the size, type, design, material or other characteristics of the pushcart or similar device used by the licensee. It shall be the responsibility of the licensee to obtain information about any such requirement from the Village Clerk or the Village Planning Board.
5) Licensees shall not stand or permit the pushcart or similar device used to stand less than fifty feet from any other device used by a person licensed under this section, except when standing within a designated parcel or area as described in Subsection A(2) above.
B. The Village Board of Trustees shall have the authority to limit the number of licenses issued under this section in any year if it shall reasonably appear that a greater number would adversely affect the pubic health, safety and welfare.
C. In the event that the number of persons applying for licenses under this section exceeds the number as lawfully determined pursuant to subsection B above, the Village Board of Trustees shall have the authority to conduct a lottery or other fair and equitable selection method to determine which applicants shall be entitled to the available licensees.
SECTION 12 – Orders
All orders taken by licensees who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time of deposit of money paid to the licensee.
SECTION 13 – Records
A. It shall be the duty of the Village Clerk to keep a record of all applicants and all licenses granted under the provisions of this Local Law, giving the number and date of each license~ the name and residence of each licensee, the amount of the license fee paid and also the date of revocation of all licenses revoked.
B. It shall be the duty of any vendor who deals in any goods, the sale of which shall not be exempt from sales tax, to keep records adequate for the Village Clerk to determine what sales were incurred and paid.
SECTION 14 – Requirements for Vendors of Refreshments, Flowers or Balloons.
A. Unless otherwise provided, a licensed vendor of refreshments, flowers and balloons shall be authorized to vend within the boundaries of the Village of Sackers Harbor. The license may specify a location within the Village from which vending is permitted and, if so stated, shall only be valid for vending at that location. There shall only be one stand in a designated location.
B. The license may limit the amount of space to be occupied by the vendor.
C. Ice cream truck vendors shall be permitted in the residential zones of the Village in accordance with any rules and regulations promulgated by the Village Board of Trustees.
SECTION 15 – Special Events
A. Vendors at special events, and events not exceeding three days in duration, shall comply with all applicable provisions of this Local Law and any rules and regulations issued pursuant to it. They shall pay all fees as required by The Village Board of Trustees appointed person coordinating the special event.
SECTION 16 – Requirements for Door-to-Door Vendors.
A. No vendor shall enter any house, building or premises where there is posted on the house, building or premises a written notice stating that vendors are not desired, unless the vendor has received the prior consent of the occupant.
B. No door-to-door vendor shall make false statements or misrepresentations in the course of activities. The vendor shall conduct himself at all times in an orderly and lawful manner.
SECTION17 – Non-issuance of License.
No license shall be issued to any applicant if the business sought to be licensed does not comply with all applicable federal, state and local laws, ordinances and regulations. If the application is rejected, the Village Clerk shall notify the applicant, in writing, giving the reasons for the rejection.
SECTION 18 – Transfer of license.
A license shall not be transferred or assigned or its location changed without prior approval of the Village Clerk. If the Village Clerk approves the transfer, assignment or location change, this action shall be endorsed upon the license by the Village Clerk.
Section 19. Renewal of license.
A license may be renewed at its expiation by submitting a new application form.
SECTION 20 – Suspension or revocation of license.
A. A license may be suspended or revoked by the Village Board of Trustees only after notice, in writing, and an opportunity for a hearing is given to the vendor.
B. Written notice of intent to suspend or revoke shall be given by registered or certified mail, to the address set forth on the Vendor’s License application.
C. The Village Board of Trustees may suspend or revoke the license of any vendor found to have violated or to have permitted a violation of any provision of this Local Law or any other ordinance, rule or regulation or state or federal law pertaining to the operation of his/her business.
D. Upon a determination that a license should be suspended or revoked, the Village Clerk shall notify the vendor, in writing, setting forth reasons for such suspension or revocation.
SECTION 21 – Effect of license revocation.
A. When a license has been revoked, no other license shall be issued to the same vendor until after the expiration of at least one year.
B. Upon revocation of any license, no refund of any unearned portion of the license fee shall be made. The license fee shall be forfeited.
SECTION 22 – Application of the Village Zoning Law
Nothing in this chapter shall be construed as granting the Village Clerk any power to confer rights upon license holders to do or perform any act in contravention of any duly enacted Zoning laws, regulations or ordinances in effect in the Village of Sackers Harbor. It shall be the responsibility of the licensee to determine if his activity complies with the applicable zoning laws, regulations or ordinances.
SECTION 23 – Enforcement
A. It shall be the duty of the Police Department of the Village of Sackers Harbor to enforce the provisions of this Local Law.
B. In addition to and not in limitation of any power otherwise granted by law, officers of the Police Department are hereby authorized to issue appearance tickets for violations of this Local Law.
SECTION 24 – Penalties for offenses.
A. Any person who by himself or by his agent or employee shall act as a vendor or solicitor, as herein defined, conducts a business without a license required by this chapter or who conducts or attempts to conduct a business during a period when his license is suspended or revoked or who violates any of the terms or provisions of this Local Law shall be guilty of a violation. Each day on which such violation continues shall constitute a separate offense.
B. Any persons found guilty of a violation shall be liable to a fine which shall not exceed Two hundred-fifty ($250.00) Dollars in amount or to imprisonment not to exceed fifteen (15) days, or to both, in the discretion of the Court.
SECTION 25 – Severability.
If any section or sections of this Local Law shall be declared unconstitutional or otherwise void and ineffective, the validity of the remainder of the provisions hereof and their application shall not be affected by thereby.
SECTION 26 – Effective Date.
This Local Law shall become effective immediately upon its filing with the Secretary of State.