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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