LL 02 Regulate Transcient Merchants & Solicitors �M
(Please.Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
r-
County
City of.................QueensburY..
Town ............................................................................
Village
Local Law No...............2........................................ of the year 19 _$3....
A local law TO..REGULATE TRANSIENT MERCHANTS AND SOLICITORS IN `THE TOWN OF
......................:........................................................................................I............................
(QUEEN SBURY Ono"sub)
Beit enacted by the ...Town.Board.....................................................:.................................................... of the
County
Cityof.......................................QueensburY.......................................................................................... as follows:
Town
Village
A LOCAL LAW TO REGULATE TRANSIENT MERCHANTS AND SOLICITORS
IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK
SECTION 1. For the purposes of this local law the terms
used herein are defined as follows : "Transient Merchant` a
person, corporation, partnership, association or any other
organization, who, for a period of less than ninety (90 )
consecutive days , engages in a business of selling and
delivering goods , wares and merchandise, and who, in
furtherance of such purpose, hires , leases , uses or otherwise
occupies any building, structure, motor vehicle including
truck or tractor trailer, car, boat , public room in hotels ,
motels , lodging houses , apartments , shops , mall, plaza
parking lot, or any street , alley or other place within the
Town of Queensbury, for the exhibition and sale of such
goods , wares and merchandise either privately or at public
auction. A Transient Merchant shall not be relieved from
complying with the provisions of this law merely by reason of
tf additional ! ace is needed lease attach sheets of the same size as.this and number each)
Page 1
,r
t
associating temporarily with any local dealer, trader,
merchant or auctioneer.
"Solicitor" : - a person, corporation, partnership
association or any other organization doing business through
the act of selling or offering for sale, soliciting orders
for future sales , demonstrating or making estimates of
services , merchandise, works of art, goods , meats , seafood,
vegetables , or fruit directly to the public or in the public
streets , sidewalks , and public places or by going from house
to house within the Town of Queensbury.
This local law shall not apply to any person having an
established place for the transaction of business within the
Town of Queensbury nor to persons soliciting, Collecting or
selling goods on behalf of any bona-fide not-for-profit
corporation or charitable organization, nor to the exhibiting
or demonstrating goods to business in trade shows .
SECTION 2 . License required.
A. Transient Merchant . Every person who engages
in business as a Transient Merchant or a Solicitor, as
defined herein, is hereby required to apply for and procure a
license, to be issued by the Town of Queensbury, for the
purpose of conducting such business , SEVEN ( 7 ) days prior to
commencing operations within the Town of Queensbury.
SECTION 3 . Fees and expiration of license.
A. License fees shall be as follows :
1. Transient Merchants $500 .00 per day
2 . Solicitor $200 .00 per YEAR
B. All Transient Merchants ' licenses shall expire
within three ( 3 ) months from the date of issuance.
SECTION 4 . Bond or Certified Funds . Before any
Transient Merchant ' s or Solicitor's 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
-lA-
company licensed to do business in the State of New York in
the sum of TEN THOUSAND DOLLARS ( $10 , 000 .00 ) in the case of a
Transient Merchant or in the sum of FIVE THOUSAND DOLLARS
( $5, 000.00) in the case of a Solicitor, 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, fraudulent or sales practices
by any person licensed hereunder. In lieu of the foregoing
bond, 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 Town of Queensbury. The
funds shall be used to satisfy any judgment obtained in
judicial proceedings for damages incurred by a citizen of the
Town of Queensbury as a result of false, fraudulent or
unlawful sales practices by any person licensed hereunder.
SECTION 5 . Authorization of agent to receive service
of summons . Before any individual, partnership, company or
corporation who is a nonresident of the State of New York
shall have a Transient Merchant ' s or Solicitor's license
issued either to the individual or to the agents or
representative of a company, partnership or corporation,
proof of authorization of the Secretary of State to receive
service of process , pursuant to the Business Corporation Law
Section 304 must be filed with the Town Clerk.
SECTION 6 . General Regulations .
A. Transient Merchants and Solicitors .
( 1) Shall not use any of the public streets ,
sidewalks or places as standing places for any vehicle - or
device in, upon or by which — any person or property is or may
be transported or drawn and which vehicle or device is used
for the conduct of their business .
-1B-
( 2 ) Shall not stand on any public streets ,
sidewalks , or places so as to obstruct access to or egress
from any place or the free flow of vehicular and pedestrian
traffic.
( 3 ) Shall not remain in one place on any public
streets , sidewalks , or places except when actually engaging
in a sale of their merchandise.
(4 ) Shall not cry out or make loud noises in any
public streets , sidewalks , or places for purposes of selling
any provisions or merchandise.
( 5 ) Shall not falsely or fraudulently
misrepresent the quality, character or quantity of any
articles offered for sale; nor falsely or fraudulently
represent the services to be rendered or costs thereof to be
bid upon; nor offer for sale unwholesome, tainted or diseased
provisions or merchandise.
( 6 ) Shall be in violation of this local law as
committing fraud hereunder if the item sold does not
materially conform to any samples or models demonstrated or
brochures or pamphlets given to a prospective customer as to
size, material, use, application and quality of workmanship.
( 7 ) Shall not substitute any other article for
the article sold to the buyer.
( 8) Shall identify himself as a salesman upon
approaching a citizen in a public place or at a private
dwelling and explain his purpose, whether it be direct sales ,-
solicitation or orders or the demonstration of goods and
merchandise or any combination of purposes thereof.
( 9 ) Shall produce for inspection, upon request ,
the Transient Merchant's or Solicitor's license as the case
may be issued by the Town of Queensbury.
-1C-
B. Application. Every applicant for a license is
required to file with the Town Clerk a written application,
under oath, containing the following information and
material:
( 1) Name of Applicant
( 2 ) Federal Employee I .D. Number
( 3 ) New York State Sales Tax Number.
(4 ) Permanent home residence.
( 5) Name and address of firm represented, if any.
( 6 ) The length of time for which the license is
required.
( 7 ) 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 and distributor of goods and commodities
and the name, publisher and distributor of all books ,
magazines or periodicals to be offered for sale .
(8 ) Authorization of agent to receive service of
summons as set forth in Section 5 hereof.
(9 ) To the application must be appended a
document of authorization from the firm which the applicant
purports to represent .
( 10 ) To the application must be appended the bond
described at Section 4 hereof.
SECTION 7 . Penalties for offenders - Each violation of
this local law or of any regulation, order or rule
promulgated thereunder shall be punishable by a fine not
exceeding Five Hundred Dollars ( $500 .00 ) for each offense,
and each day a violation continues shall be a separate
offense . In addition to such fine, each violation shall
constitute disorderly conduct, and the person violating same
shall be a disorderly person.
-lD-
16
SECTION 8. Severability - The provisions of this local
law are declared to be severable, and if any section,
sentence, clause or phrase of this local law shall for any
reason be held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining
sections, sentences , clauses and phrases of this local law
but they shall remain in effect, it being the legislative
intent that this local law shall stand notwithstanding the
invalidity of any part.
SECTION 9 . Effective date - This local law shall take
effect immediately upon filing with the Secretary of State.
' -1E-
e ,
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. .......2........of 19.83.
County
of the City of Q�eep$bir r • was duly passed by the Town B
Town �' oard
...................................................................................
Village (Name of Legislative Body)
on.......�1pri1 26 19B3•• in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No. ....................of 19........
County
of the City of.................
Town .....................suss duly passed by the ..................................................................................
(Name of Legislative Body)
Village
not disapproved
on..................................................19........ and was approved by the .......................................................
repassed after disapproval Elective Chief Executive Officer *
and was deemed duly adopted on........................................................19..... . , in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
1 hereby certify that the local law annexed hereto,designated as local law No. .................. of 19..........
County
ofthe City of......................................was duly passed by the......................................................................................
Town (Name of Legislative Body)
Village not disapproved
on...................................................19........ and was approved by the...............................................................
repassed after disapproval Elective Chief Cxecutive Officer*
on......................................................................19......... Such local law was submitted to the people by reason of a
mandatory
permissive referendum,and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on......................................................19........ , in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19..........
County
of the city of...................................... was duly passed b the
TownY P Y ................................................................................on
(Name of Legislative Body)
Village not disapproved
...................................................... 19........ and was approved by the.........................................................on
repassed after disapproval Elective Chief Executive Officer*
..........................................................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
•.••.•.........................................I...................... 19......... in accordance with the applicable provisions of law.
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or, if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
when such officer is vested with power to approve or veto local laws or ordinances.
Page ! F
5. (City local law concerning Charter re%ision proposed by petition.)
1 hereby certify that the local law annexed hereto,designated as local law No. ....................of 19........
of the City of.......................................................................... having been submitted to referendum pursuant to the
provisions of § 37 of the Municipal Home Rule Law,and !laving received the affirmative vote of a majority
of the qualified electors of such city- voting thereon at the special election held on ..................................
general
................ 19............became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Local Law No. ......of Ig...... of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
jam' I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph........1...............- above.
.&"¢-�- G
Clerk of the County legislative body,City,Town or Village Clerk or
officer designated by local legislative body
Date: April 26 , 1983
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF..........Warren
........................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that<,sll
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
v
X-
signature
L
Town Counsel
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Title
Date: April 26 , 1983 County
City of.........Queensbury............................
Town
Vi !age
Page ( ��
t
NYS Department of State
Bureau of State Records
162 Washington Avenue ,
Albany, NY 12231
Donald Chase, Town Clerk
Town of Queensbury
Town Office Bldg.
Glens Falls, N. Y. 12801
Stl� BJj�, oq OVAd
61i10J 1W
�m Lift anoA pq
rP y
Date:
Dear Sir/Madam:
Please be advised that Local Law(s)No. 2
of 1983 of the Town of Queensbury
wasfwe eceived and filed on May 2. 1983
Addnal forms for filing local laws with this office will be forwarded upon
request
NYS Department of State
Bureau of State Records
383602-004(12182)
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
�_• PENALTY FOR PRIVATE
SENDER INSTRUCTIONS USE TO AVOID PAYMENT
OF POSTAGE,$300
Print your rmin,idbes4 and ZIP C wk bt the spas below, u&
• cW00IM at 1,&3,and 4 on 9W reverse. ss�ii® t
• Anail b t0 d of ititCle tf rQfM plfnit�s �, ii
omir>rise�tr t0 OaCt 01 idlde. +
• Ens M 06 It"Return RM W Requested" t1
adlxvm to r amber. +
i
RETURN �
pONALD A. CHASE, TOWN CLERK
amgTown Office BI g.' - Hand Rds., R. D.
Glens Falls, N. Y. 12801 �
(Street or P.O. Box)
(City, State,and ZIP Code)
•SENDER:Comp
lete items 1,2,3,and 4.
Add your address in the"RETURN TO"
_ on reverse.
(CONSULT POSTMASTER FOR FEES)
I.Tly following service is requested(check one).
tJ Show to whom and date delivered....................�+!_
❑ Show to whom,date,and address of delivery.. _
s.❑ RESTRICTED DELIVERY _
(The restricted delivery fee is charged in addition to,
the return receipt fee.)
TOTAL I_�__
3.ARTICU AODRESSED TO:
t71%.)13r''N of M-or'c-/P4&, AfFA/AJ
1 mLPr C> RaL rT- #H4 c 0 e+?R o�--
c J'r•RrE oFfr�6 4L,pv
t-
4. TYPE OF VICE: ARTICLE NUMBER
❑ ti15TERED [I 111SitRED
CE❑EXPRESS MAIL 0 COD r 3 JF,3 SY?.It,
m (Always obtain siWuftm of addressed or agent)
0
I have received the article described above.
SIGNATUR Add,resseq, ❑ Au agent
rn
0
S. oA NY,
c AY 3q MAI X�
= S.AWRESKVS AD � r
_ .,
7.UNABLE TO OEUVER BECAUSE: 7a YEE'S
v INMALs
1c
r
UNITED STATES POSTAL SERVICE
oFrtctAL eususs
PENALTY FOR PRIVATE
SMER INSTRU.T10NS USE TO AVOID PAYMENT
Pdnt yow tlrnR abldnst,tnd ZIP G ode In the space Wow. OF POSTAGE,SSW
• CapNM Rettif 1,t 3 aret I on the reverse.
• Atbdt b tral a telkk U s we Permits,
OtIM'fNf ffi t to back of ri ft.
• Fnffnf MrCf"Realm Rec Npt Re4uested"
v*e4m to nfabo.
RETURN
TO
DONALD A. CHASE, TOWN CLERK
Town Office Bldg., Bay & Haviiand Rds., R, D, 1
Glens Falls, N. Y. 12801
(Street or P.O. Box)
(City, State,and ZIP Code)
1 0 FSENO)ER:Complete dents 1,2,3,and 4,
Add your address in ft"RETURN TO"space
on reverse.
(CONSULT POSTMASTER FOR FEES)
The foRowing service is nquested(Deck 004
of
�1, �", ............
[?Show to whom and date delivered
n Show to whom,date,and address of delivery
2.0 RESTRICTED DELIVERY
(77te restricted del*ry fee is charged to ad&fion to
the return receipt fee.)
TOTAL
ARTICLE ADDRESSEDTOt
31-44erF,*-JErotaj
s6PT of 4rATF-
16A,
Avi-skt4q Aly
4.TYPE OF SERVICE., ARTICLE NUMBER
El*16MM El Wsum
❑OtOMM [I COD 3kr3ST f-1k
OMSS MAC
to
(~obtdn MW*ture of addressee or agent}
I have receiv e article described above.
S ON 0 Addressee 0 Authoruiedto
a&mn
DATE OF DELIVERY POST11AW
may
6.ADDRESSEE'S Ad&ESS*W-%".*d)
4�1-
7,UNABLE TO DELIVER BECAUSE- Ia.EMPLOYEE'S
INITIALS
UNITED STATESPOSTAL SERVICE
OFFIML WSMEW
PENTY FOR PRIVATE
S III? UCTM8 USE TO CR AVOID PAYMENT
Print your=% udZpCkbkft*Wbelow. OFPOSTAM$300
• AMtiiw offial m 110D
aArrlNttitif1111Rdt
• Er,wlMlrtr»•11Mrnti�titea�ested"
RETURN
TO 4#
t
'rL�t✓F'( a`' �J�EN.�Q��2�
(Name of Sender)
P 4. G vA.1E law N cA-ERA
(tL`! 6A�f 4 ff#&/cA N,a kb
(Sireet or P.O. Box)
GLgrird FAI<t.S my
(City, State,and ZIP Code)
•SENDER:Complete items 1,2,3,and 4.
Add your address in the"RETURN TO"spat
bi on reverse.
(CONSULT POSTMASTER FOR FEES)
1.The fallowing service is requested(check one).
Show to whom and date delivered.................... _4
❑Show to whom,date,and address of delivery.. --4
2.❑ RESTRICTED DELIVERY --0
(The restricted delivery fee is charged in addition to
the return recent fee)
TOTAL
3.ARTICLE ADDRESSED To:
J7Ht, A&U t,Aw 0. ,AO
1S E Frt o f f r l�rF
z ,4 1
m 4. TYPE OF SERVICE: ARTICLE NUMBER
m ❑REGIMRED ❑1N8URaD t C
a COD
❑EXPRESS MAC
m (Ahrays obtain siynsture of addressee or agent)
O
I have received the article described above.
a SIGNATURE ❑ ❑ Authorized a
C 5. DA POSTMARK
MAYi$ �.
G.ADORESSEE'E ADDREss(Only it rvyu�edy"' 1
3 �C"
7.UNABLE TO MUM BECAUSE: rs L yWS
o ;.a LS,
IF
UNITED STATES POSTAL SERVICE
oFFtctALausiwEss
PENALTY FOR PRIVATE
-4*-
SENDER INSTRUCTIONS `USEL'O AVOID PAYMENT
OF POSTAGE,$300
Print your INm,tltl<k"k W ZIP C ode M ft space below. !r- jU
• t:mwo III*It IM m Re sspt Requested"
��t0 6lrebM.
RETURN
TO
(IVa a of Send
e
(' 'S."6C_.-
(Street or P.O. Box)
(City,State,an IP Code)
SENDER:Complete items 1,Z 3,and 4.
Add your address in the"RETURN TO"spac
_4 on reverse.
(CONSULT POSTMASTER FOR FEES)
1. ing service is requested(check one).
AShow to whom and date delivered.......... ........ �t
❑ Show to whom,date,and address of delivery
s.❑ RESTRICTED DELIVERY _ 4
(Tire restricted delivery fee is charged in addition to
the return receipt fee)
TOTAL 6 _
3.ARTICLE ADDRESSED TO:
II �I�JISr zH G( �Nrc
fief.t. offmtoz
D 6fJ,.r v Y flub b+T -&-rR oc..
C J- A.TE ni y7c E /je
z 1 Hw t4 /eA3
m 4. TYPE OF SERVICE: ARTICLE NUMBER
my ❑ OISTERED El mum J
-i ❑ DMAII❑COD
EXPRESS 3�s �J�� �� I R
M
M (Always obtain signature of addressee or agent).
in I have received the article described above
" SIGNATURE ❑ Addressee uthorized agent
m
0
oY _D„ K
rn 198 s
,r A 9
= e<.ADDR@S8 s AovRtes to>rty;f,rqucsredyLIMN
i
a
83/
* 7.UNABLE TO DELIVER BECAUSE: 7e. Y
m
�
r
AC 2051
(Rev.4/41) �
• 4 STATE OF NEW YORK
OFFICE OF THE STATE COMPTROLLER
ALBANY.NEW YORK
12226
!'DWARO V.RECAN ��2
ST<TE COMPTROLLER
�'onalC'; Chas �, Town C1 Drk
Town or Qu-� ,ns bury
Town Offic , Blc',-;.
Glens Falls, I477 22801
Dear Sir/Madam:
This is to advise that Local Law(s) No. of 9�3
for the Town o f u:? .t�st u ry was received and filed
on �2 fs
V ruly yours
Kendall R. Pirro
Associate Attorney
Charters Unit
KRP:dal
cc: Secretary of State
I