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LL 05 Transient Merchant Mkts (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. qx Town of . . . . .Rt;gQu ury. . . . . . . . . .. . . . . . . ... . . . . . . . . . . .. . . . . . . . . . VAIJW Local Law No. . . . . .5 . . .. . . . . . . . . . . . . . . of the year 19 . .90 . .. . . . A local law , ,REGLTLMTINQ XItANXENT.MERCHANTS,.SOLIGITO-RS; PEDDLERS;-AND• • • • • • . . (Insert title) TRANSIENT MERCHANT AND/OR SOLICITOR MARKETS Be it enacted by the . . . . . .TQVn.8.0,8X-i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of the (Name of Legislative Body) Goorax Tow of . . . . .Queensbul:y. . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . as follows: VA fte SECTION 1: TITLE: This Local Law shall be titled: A Local Law regulating transient merchants, solicitors, peddlers, and transient merchant and/or solicitor markets. SECTION 2: APPLICATION: This Local Law shall apply to all transient merchants, solicitors, peddlers and transient merchant and/or solicitor markets located, operating, doing business, transacting business or otherwise performing the activities subscribed to such enterprises, individuals or activities in this Local Law within the Town of Queensbury as of the effective date of this Local Law, except that this Local Law shall not apply to any transient merchant, solicitor, peddler, or transient merchant and/or solicitor market who or which has a current and valid license, permit or approval to operate issued prior to the effective date of this Local Law by the Town Board or the Town Clerk of the Town of Queensbury in accordance with the provisions of Local Law No. 2 of 1983 entitled "A Local Law to Regulate Transient Merchants and Solicitors in the Town of Queensbury, Warren County, New York", or Local No. 3 of 1985 entitled "Local Law Amending Local Law No. 2 of 1983 Entitled a Local law to Regulate Transient Merchants, Solicitors and Transient Merchants and/or Solicitors Markets in the Town of Queensbury, Warren County, New York". Licenses, permits or approvals previously issued shall be authorized pursuant to and subject to the provisions of the aforementioned Local Law No. 2 of 1983 and Local Law No. 3 of 1985. Any new licenses or renewals of previously issued licenses, permits or approvals therefore shall be applied for and issued in accordance with this Local Law. Transient merchants, solicitors, peddlers and transient merchant and/or solicitor markets for which licenses, permits or approvals are required or issued in accordance with this Local Law shall be subject to and regulated in accordance with the provisions of this Local Law. The exemption from the provision of this Law of transient merchants and solicitors who have a current and valid license, permit or approval to operate shall not apply to those operating in a transient merchant and/or solicitor market. The provisions of this Law shall apply and supersede all previous local laws or regulations. (if additional space is needed,please attach sheets of the same site as this and number each) (1) SECTION 3: AUTHORITY: The authority for this Local Law is Municipal Home Rule Law §10 100a.(1) and (12). SECTION 4: LEGISLATIVE HISTORY AND PURPOSE: The purpose of this Local Law is to regulate transient merchants, solicitors, peddlers, and transient merchant and solicitor markets located, operating, doing business, transacting business or otherwise performing the activities subscribed to such enterprises, individuals or activities in this Local Law within the Town of Queensbury. SECTION 5: LOCAL LAWS REPEALED AND SUPERSEDED: Local Law Number 2, 1983, adopted May 23, 1983 and Local Law Number 3, 1985, adopted June 25, 1985, of the Town of Queensbury are hereby amended and superseded and repealed to the extent that this Local Law shall apply to all transient merchants, solicitors, peddlers and transient merchant and/or solicitor markets located, operating, doing business, transacting business or otherwise performing or engaging in the activities subscribed to such enterprises, individuals or activities in this Local Law within the Town of Queensbury as of the effective date of this Local Law, as more specifically set forth in Section 2 of this Local Law. SECTION 6: DEFINITIONS: "Transient Merchant": A person, corporation, partnership, association or any other organization, who, for a period of less than Six (6) Consecutive Months, engages in a business of selling and/or delivering goods, wares, merchandise, and/or services and, in furtherance of such purpose, hires, leases, uses or otherwise occupies any building, structure, motor vehicle (including truck or tractor trailer), car, boat, room or space in hotels, motels, lodging houses, apartments, shops, mall, or parking lot within the Town of Queensbury, for the exhibition and sale of such goods, wares, merchandise or services to the general public, 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 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, offering for sale, soliciting orders for future sales, or demonstrating or making estimates of services, merchandise, works of art, or goods of any kind, meats, seafood, vegetables or fruit by going from house to house, and not by remaining stationary in any private or public place or motor vehicle for the purpose of making or soliciting sales or demonstrating or making estimates of services to the general public. "Seasonal Transient Merchant": A person, corporation, partnership, association or any other organization who otherwise comes within the definition of a transient merchant except generally sells or carries on a business which is seasonal in nature and is usually carried on only at certain times of the year or fairly definite portions of the year and does not include sales or businesses that are seasonal in nature and for which there is a market throughout the calendar year. "Market for Transient Merchants and/or Solicitors": Any gathering, grouping, or combination of 3 or more transient merchants, seasonal transient merchants, peddlers, and/or solicitors upon any lands, structures, or facilities within the Town of Queensbury, including flea markets. "Peddlers": Any person who, in any public street or public place, on foot, or from any non-motorized vehicle standing in a street, offers for sale or barter, or carries or exposes for sale or barter, any goods, wares, merchandise, food, or service. -2- SECTION 7: LICENSE REQUIRED: Except as hereinafter provided, every person, partnership, corporation, or business organization who engages in business as a Transient Merchant, Solicitor or Peddler, or who operates or allows to be operated on property it owns, a market for Transient Merchants and/or Solicitors, as defined herein, is hereby required to apply for and procure a license, to be issued by the Town of Queensbury, for a purpose of conducting such business, a minimum of seven (7) days prior to commencing operations within the Town of Queensbury, unless a greater time is otherwise specified herein. Licenses shall be limited in duration as specified in this Local Law. SECTION 8: APPLICATION AND LICENSING PROCEDURES FOR TRANSIENT MERCHANTS AND/OR SOLICITOR MARKETS: A. APPLICATION: Written application for a license to operate or allow to be operated a transient merchant and/or solicitor market shall be made to the Town Board at least 28 days prior to the commencement of the market by filing the same with the town Clerk during regular business hours. The application shall contain the following information and include the following documents or other materials: 1. Name of Applicant 2. Residence address of the license applicant 3. The location of the proposed market 4. Business address of applicant, if any 5. The number of transient merchants or solicitors that will have business in or be part of the proposed market. 6. 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, parking, water and sewage disposal. 7. The days during which the market will be open or operated, up to a maximum of 14 in any year the license for such market is in effect. 8. Federal Employee ID Number 9. New York State Sales Tax Number 10. If the application is filed by an agent, the name of the firm or person represented and written authorization by the firm authorizing the representation. 11. A general description of the goods, wares, commodities or services to be offered for sale or to be used for the purpose of bidding for services. 12. Such other information as the Town Board shall require to enable the Town Board to make their review in accordance with the general requirements hereinafter set forth. 13. The applicant shall pay a fee of $1,050.00 at the time the application provided for herein is submitted, $1,000.00 of which shall be refunded only if the license is not granted or approved, and $50.00 of which shall be retained in any event as an application and processing fee. 14. The applicant shall also submit the Bond, letter of credit or cash required in the General Regulations at the time the application is made. 15. Authorization of agent to receive service as set forth in Section 10 of this Local Law. -3- B. HEARING ON APPLICATION: (1). A hearing on the application shall be held not less than 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, and shall be published once in the newspaper having a circulation within the Town which publication shall not be less than ten (10) days before the date of the hearing. At the time and place set for hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for the license. (2). At the hearing, the Town Board shall consider the following factors prior to the issuance or denial of a license: a. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, dividers and traffic controls. b. Location, arrangement, appearance and sufficiency of off-street parking and loading c. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures control of intersections and vehicular traffic and overall pedestrian convenience. d. Adequacy of water supply and sewage disposal facilities. e. 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. C. DECISION ON APPLICATION: After the 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. D. DURATION OF LICENSE: Each market license shall be valid for a total of 14 days consecutive or non-consecutive, provided said market remains at the same location, and said license will, in any event, expire not later than 1 year from the date of issuance or approval by the Town Board. Such license may be renewed without public hearing based upon the filing of a new application, if the Town Board shall, in its sole discretion, find no change in circumstances. A fee of $1,050.00 shall be due for each renewal application. SECTION 9: APPLICATION AND LICENSING PROCEDURES FOR TRANSIENT MERCHANTS, SEASONAL TRANSIENT MERCHANTS, SOLICITORS OR PEDDLERS: A. APPLICATION: Every transient merchant, seasonal transient merchant, solicitor and peddler is required to have a license and is required to file with the Town Clerk, during regular business hours, Monday through Friday, at least seven (7) days in advance, a written application, under oath, containing the following information and material: 1. Name of Applicant 2. Federal Employee I.D. Number or Social Security Number 3. New York State Sales Tax Number -4- 4. Permanent home residence and business address, if any. 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. Location of proposed business or, in the case of solicitors or peddlers, areas of Town in which it is proposed to engage in business activities regulated hereby. 9. Authorization of agent to receive service of summons as set forth in Section 10 hereof. 10. To the application must be appended a document of authorization from the firm which the applicant purports to represent. 11. To the application must be appended the bond, letter of credit or cash required by this Local Law. 12. The applicant shall pay the fee set forth at the time the application is made or submitted to the Town Clerk as provided for herein: (a). Transient Merchant - $500.00 per day (b). Seasonal Transient Merchant - $50.00 per season. (c). Solicitor - $50.00 per year (d). Peddler - $50.00 per year B. REVIEW OF APPLICATION: The Town Clerk shall review the application submitted by applicant and, if all information and documents or other materials required herein are provided or set forth, the Town Clerk shall issue a license or permit within five (5) days. C. DURATION: (1). All seasonal and transient merchant licenses shall expire six (6) months from date of issuance. (2). All other licenses shall expire one (1) year from date of issuance. D. EXEMPTION: Notwithstanding the foregoing, a Transient Merchant, seasonal transient merchant, or Solicitor, operating in a duly licensed Transient Merchants and/or Solicitors Market shall not be required to pay the fees or comply with the licensing procedures set forth in Paragraph A hereof. All other regulations of this Local Law shall apply unless otherwise indicated. SECTION 10: BOND OR CERTIFIED FUNDS: Before any 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 company licensed to do business in the State of New York, or an irrevocable one year letter of credit issued by a licensed banking institution, in the sum of TEN THOUSAND DOLLARS ($10,000.00) in the case of a Transient -5- Merchant and Market for Transient Merchants and/or Solicitors and/or Peddlers, or the sum of FIVE THOUSAND DOLLARS ($5,000.00) in the case of a seasonal transient merchant, solicitor, or peddler 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 or irrevocable letter of credit, 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 in 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. Individual transient merchants, seasonal transient merchants, peddlers and/or solicitors operating solely within a transient merchant and/or solicitor market shall be relieved from compliance with this provision. SECTION H: 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 license authorized herein 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. Individual transient merchants, seasonal transient merchants, peddlers and/or solicitors operating solely within a transient merchant and/or solicitor market shall be relieved from compliance with this provision. SECTION 12: GENERAL REGULATIONS: The following regulations shall apply to all transient merchants, seasonal transient merchants, solicitors and peddlers: 1. In the case of an individual, partnership, corporation or other business organization which receives a license to conduct or hold a transient merchant and/or solicitor market, such individual, partnership, corporation or business organization shall maintain a written record of the name and actual business and/or home address of each solicitor, peddler or transient merchant or seasonal transient merchant doing business or operating in the market and be prepared to furnish the Town Board or Town Clerk with a copy of said records upon written request within five (5) days such request is made. The addresses recorded in accordance herewith shall be street addresses and Post Office addresses, if any. In no event shall a Post Office Box only be recorded. 2. Shall not use any of the public streets, sidewalks or places as standing places for any motor vehicle or device in, upon or by which any person or property is or may be transported or drawn and which motor vehicle or device is used for the conduct of their business. This shall not apply to peddlers. 3. 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. 4. Shall not remain in one place on any public street, sidewalks, or places except when actually engaging in a sale of their merchandise. 5. Shall not cry out or make loud noises in any public streets, sidewalks, or places for purposes of selling any provisions or merchandise. 6. 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, tained or diseased provisions or merchandise. -6- 7. 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, materials, use application and quality of workmanship. 8. Shall not substitute any other article for the article sold to the buyer. 9. 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. 10. Shall, upon request, produce for inspection, such license authorized herein. 11. Shall not ring the doorbell, knock or enter any building bearing the sign "No Peddlers, Solicitors or Canvassers" if such sign is exposed to public view. 12. Every licensee required to have a license, while exercising his or her license, shall carry the license with him or her, and shall exhibit the same upon demand. 13. A license shall not be assignable. Any holder of any 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 violating this Local Law. SECTION 13: REVOCATION OF LICENSE: A. CAUSES: Licenses issued under the provision of this ordinance may be revoked by the Town of Queensbury Town Board, after notice and hearing, for any of the following causes: (a). Fraud, misrepresentation or false statement contained in the application for the license; (b). Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or transient merchant; 1. Any violation of this Local Law; 2. Conviction of any crime or misdemeanor; (c). Conducting the business of solicitor or transient merchant in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public; (d). Complaint received by the Town in violation of a "No Soliciting" sign on a private residence or business. B. HEARING: Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the licensee at his last known address at least five (5) days prior to the date set for hearing. SECTION 14: PENALTIES: Each violation of this local law or of any regulation, order or rule promulgated thereunder shall be punishable by a fine not exceeding TWO HUNDRED FIFTY DOLLARS ($250.00) or by imprisonment for not more than 15 days, or both, for each offense. Each day a violation continues shall be a separate offense. SECTION 15: EXEMPTIONS AND EXCEPTIONS: The following are exemptions to this ordinance: 1. 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; 2. The casual sale of goods during public parades; 3. 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; 4. The casual sale of goods or services during a transient merchant or solicitor market sponsored by any bona-fide not-for-profit corporation having offices within a 15 mile radius of the Queensbury Town Hall. 5. Any person, partnership, company or organization which conducts not-for-profit business, is established or has for its sole purpose a not-for-profit enterprise as defined under the Laws of the State of New York, is exempt from the application of this Local Law. 6. Trade shows defined as a gathering of individuals, merchants or vendors at a public location wherein merchandise, goods or services are displayed to the public but for which principal purpose is not the sale of said merchandise, goods or services. 7. 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 16: APPLICATION FORMAT: The Town Board may, from time to time, and by resolution, specify the form of the applications and licenses required herein but may not change the content or matters to be included therein without revision of this Local Law. SECTION 17: SEVERABH"Y: 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 18: EFFECTIVE DATE: This Local Law shall take effect immediately upon filing with the Secretary of State. -8- (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.) 8. 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. . .5. . . .. of 19 50..... 9wtty of the QY Town of .@uePAskury. . .. . was duly passed by the . . .Tuwla.Board. . . . . . . . . . . . . . . ... . . (Name of Legislative Body) Village on ...MU.41................ 19....9Q:in accordance with the applicable provisions of law. Z. (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 City of . . ... . . . .. . . . . . was duly passed by the . . . .. . . . . . .. of the Town (Name of Legislative Bodyj . • . . . . .. . . 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. I (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto,designated as local law No. . . . . . . .. of 19 ........ County City Of was duly passed by the . . Of the Town . . . . . . . . . . . . . . .. (Name of Legislative Bodyj . . . . . . . .. . . Village not disapproved on ............................. 19 ........ and was approved by the . . . . . . . . . . . . . . . . . . . . . . . . . .. . repassed after disapproval Elective Chief Executive 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 applicable annual 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 by the .... .. . . .... ... . . .. . . .. . .. .. .. Town (Name of Legislative Body) Village not disapproved on ............................. 19........ and was approved by the . .. ... . . . .. . .. .... .. . . .. .. . . repassed after disapproval Elective Chief Executive Officer* on .................................. 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 countywNe 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. -9- • S. (City local law concerning Charter revision proposed by petition.) I 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 13736 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the ge eral election held on . . . . . . . . . . . . ............ 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 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 Municipal 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 certifica- tion.) 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 ......I......above. z2� Cler of the Canty legislative body,City;Town or C-*Xor officer designated by local legislative body Date: May 22, 1990 (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 ........[Yaxcgn............... 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 1h cal la mtxs hereto. .. . . .. . .. . . .. ... . Signa .. ... . ....TRWD.A39rilgy. ......... .. . ... . . . . . . .. .. . Title Ctj w* Date: May 22, 1990 C19 Of .. .. .@uggl)0VTy. ... .. .. . . ...••• • . Town MWage -10-