LL 03 Regulate Transcient Merchant Solicitors •
(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.
County
Q< eensburYTon of......................... ........................................................................
Village
Local Law No. .................3....................................... of the year 19 ..85.....
AMENDMENT TO
A local law TO REGULATE TRANSIENT„MERCHANT$,,,,,,$Q.Lj.Cj�QRa,....IN..THE...TOWIL-OF......
............. .................. .... ....
QUEENSBURY tt...«�a.>
Be it enacted by the .................Town...Board.. ............................................................ of the
(Name of tag( iuive Boo)'
County
Cityof.....................................................Queensbury,.......................................................................... as follows:
Town
Vi�lage
SECTION 1. Change Ninety (90) Days to Six (6) months.
Add - or goods of any kind - in the Solicitor paragraph after
the word, art.
Add - "Market for Transient Merchants and/or Solicitors":
Any gathering, grouping, or combination of 3 or more
transient merchants, and/or solicitors upon any lands,
structures, or facilities within the Town of Queensbury.
SECTION 2.
A Add - Except as- hereinafter provided , after the words Transient
Merchant.
Add - a market for transient merchants and/or solicitors, after
the woicd, operates.
SECTION 3.
A 2. Change fee from $200.00 to $25.00
Add 3. Market for Transient Merchants and/or Solicitors:
Annual Fee $25.00 per solicitor and/or transient merchant-
maximum fee $1000.00 per year.
B. Change three (3) months to six (6) months.
If additional s ace is needed lease attach sheets of the same size as this and number each)
Page 1
SECTION 4. New - License for the operation of Transient Merchant and/or
Solicitor Market.
A. Application: Application for the license shall be made
in writing to the Town Board. The application shall specify the
name, and residence address of the applicant, the location of the
proposed market, a description of the land to be included in the
market, and the details and specifications of the location of the
vendors within the market, provisions for vehicular traffic
access, circulation, and parking, and such other information as
to enable the Town Board to make their review in accordance with
the general requirements hereinafter set forth.
B. Hearing: A hearing on the application shall be held not
less that 14 days nor more than 60 days from the date of the
receipt of the application by the Town Board. Notice of the
hearing shall be given to the applicant and owners ,of property
within 500 feet of said applicant, by regular mail, to the address
given in the application and shall be published once in the
newspaper having a circulation within the Town which publication
shall not be less than seven days before the date of the hearing.
At the time and place set for the hearing, the Town Board shall
hear the applicant and all other persons wishing to be heard
on the application for the license. If application is rejected,
fee will be refunded less advertising cost.
C. General Requirements : At the hearing, the Town Board,
shall consider the following factors prior to the issuance or
denial of a license:
1. Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, dividers and traffic*
controls.
2. Location, arrangement, appearance and sufficiency of
off-street parking and loading.
3. Adequacy and arrangement of pedestrian traffic access
and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience.
4. Adequacy of water supply and sewage disposal facilities.
5. Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting a visual and/or noise buffer
between the applicant and adjoining lands including the maximum
retention of existing vegetation.
D. Grant and Denial of Application: After a hearing, the Town
Board shall, within two weeks, make a finding as to whether or
not the application should be granted, giving notice, of its
finding to the applicant by mail, to the address given on the
application. Conditional approval may be granted setting forth
reasonable requirements. If approved, the license shall be
forthwith issued to remain in effect until one year from the
date of issuance. Approval shall be personal to the applicant and
not assignable. License shall be renewed thereafter upon payment of
the annual license fee without hearing, provided all provisions
of this local law are complied with during the license period.
The old Section 4 becomes Section 5 with the addition of the title:
Market for Transient Merchants and/or Solicitors
The old Section 5 becomes Section 6.
The old Section 6 becomes Section 7.
A. Add the title: Transient Merchants and/or solicitors Markets.
Add: 10. The owner, proprietor or manager of any outdoor or
indoor place shall report to the Town Clerk by the close of the
next business day, after renting such place, the name of any person
who has rented said outdoor or indoor space for use as a transient
merchant or solicitor.
The old Section 7 becomes Section 8
The old Section 8 becomes Section 9
New: Section 10. Exemptions. This Local Law is not intended to apply to:
a) The sale of farm produce as defined and excepted in Section 81
of the General Municipal Law by the producer thereof, or his or
her employees;
b) The casual sale of goods during public parades and similar public
activities;
c) Persons soliciting, collecting or selling goods on behalf of any
bona-fide not-for-profit corporation having offices within a 15
mile radius of the Queensbury Town Hall;
d) The casual sale of goods during a flea market sponsored by any
bona-fide not-for-profit corporation within a 15 mile radius of
the Queensbury Town Hall
Section 11. Exceptions for Transient Merchants and Solicitors
operating in a licensed Transient Merchant and/or Solicitor Market.
Notwithstanding the foregoing, a transient merchant or solicitor,
operating in a duly licensed transient merchant and/or solicitor
market shall not be required to pay the fees set forth in Section 2,
and they shall be issued a license upon proof of compliance with
Section 7 (B) 1 through 5.
The old Section 9 becomes Section 12.
r��� 3
(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.)
1 hereby certify that the local law annexed hereto,designated as local law No. .......... ......or 19...85
County
City Rueensbury Town Board
of the of.. was duly passed by the ...................................,...............................................
Town (Name of Legislative Body)
1 a ge
on...........June 25 ..... 1985.. in accordance with the applicable provisions of law,
2. (Passago 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......................................was duly passed b the
Town Y P Y ................. ............................................................
(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.)
l hereby certify that the local law annexed hereto,designated as local law No. .................. of 19..........
County
of the City ofof......................................was duly passed by the..........,..,........................................................................
(Name of Legislative Body)
Village
not disapproved
on...................................................19........ and was approved by the...............................................................
repassed after disapproval Elective Chief Vxeeutive Officer *
on......................................................................19......... Such local law was submitted to the people by reason of a
mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting
permissive
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
ofthe City Town of...................................... was duly passed by the................................................................................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
...................................................................... 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,
where such officer is vested with power to approve or veto local laws or ordinances.
Page Y
5. (Cit) local law concerning Charter re%ision proposed by petition.)
I hereby certif% that the lo, .;; ',anti ..:;vexed hereto,de-,ignated as local law No. ....................of 19........
of the City of.............................................I............................ hax in-0 been submitted to referendum pursuant to the
provisions of § 37 of ii►t Municipal Ii..-me 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.)
1 hereby certify that the local law annexed hereto, designated as Local Law No. ......of 19...... 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 affirnuitive 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.)
I' 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 ............. ............ above.
l Ct cx'g..
Clerk of the County legislative body,City,Town or Village Clak or
officer designated by local legislative body
Date: June 25, 1985
(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...............
....................
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . .
Signature �►
Town Counsel
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Title
Date: June 25, 1985 County
City of Queensbury
Town ........................................i..........
l age
Page s
UNITED tIMESVOSTAL SERME �C
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TOWN 0F(qWE@WWWRr-
t Bay & Havifand Rds., R. Q, I
(NaGjtft'trtI*ptWuya, px or R.D.No.)
(City,State,and ZIP Code)
SENDER: Complete items 1,2.3 and 4.
o Put your address in the"RETURN TO"space on the
3 reverse side.Failure to do this will prevent this card from
.being returned to you,The return receipt fee well orovidi;
you the name:ot the person delivered to and the date of
delivery.For additional fees the following services are
available.Consult postmaster for fees and check box(as)
< for service(s)requested.
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No,and Sank,Apt.,Suite,P.O.Box or R.C.No.)
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SENDER: Complete iterr►s t,2,3 and 4.
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Put your address in the"RETURN TO"space on the
3 reverse side.Failure to do this will prevent this card from
W being returned to you.Thersturn receipt fee will providt
You the name of the perspn-del ivered to and the date of
�+ delivery.For additional fees the following services are _
Cavailable.Consult postmaster for fees and check box(es)
�. for servicdfs!requested.
ow t. ❑ Show to whom,date and address of delivery.
2. ❑ Restricted Delivery.
3. Article Addressed to:
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4. Type of Service: Article Number
C�9 Registered ❑ insured
LACertified ❑ COD P S1L
❑❑Express Mail
Always obtain signature of addt@sfee or agent and
DATE DELIVERED.
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I. Date of Delivery
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NYS Department of State .
.J.'7' zJ1i�il'
Bureau of State Records
162 Washington Avenue
Albany, NY 12231 n 4-.. '.° •='-
Donald A Chase
Town Clerk
Tawas of Queerisbury
Town. Office Bldg
Bay & Haviland Rds RD 1
Glens Falls NY 12801
Date:
.7/8/85
Dear Sir/Madam:
Please be advised that Local Law(s)No. 3
of 1985 of the Tom of Qwensbu y
was/were received and filed on 7/3/85
Additional forms for filing local laws with this office will be forwarded upon
request.
NYS Department of State
Bureau of State Records
383602-004(12/82)