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LL 12 Transient Merchant - Peddlers Local Law FilingNEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY, NY 12231 ' (Use this form to file a 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. Lnifffvy 04 Townof ...........Q.ueensbury..................................................................................... Local Lary No. .............12.................................. of the year 19 .9.1.. A local law ..To Amend._The..Code Of The Town..Q Queensbury,,,ChQp. r..J Q..T.h.er..cof.. n i.tled, (Insert Title) Tronsient Alerchont, Peddlers and Solicitors Be it enacted by the ..........Town,Board,......................................................................................................of the (Name of Legislative Body) bscof .........Queensbury.................................................................................................................as follows: Town Yccll�gexx Section 1. Chapter 160 of the Code of the Town of Queensbury, Section 160- 5, Definitions, is hereby amended to amend the definition of transient merchant to read as follows: 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 a truck or tractor trailer, car, boat, room or space in hotels, motels, lodging houses, apartments, shops, malls or parking lots 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. Section 2. Chapter 160 of the Code of the Town of Queensbury is hereby amended to add a new paragraph following paragraph C of Section 160-14, Exemptions, to be known as and lettered as paragraph D and to read as follows: D. 1. Any person, corporation or other entity deemed a "transient merchant" or "market for transient merchants and/or solicitors" pursuant to the provisions of this chapter shall be relieved from compliance with the provisions of this chapter provided that said person, corporation or other entity engages in the retail business activities regulated by this chapter from within a commercial zone and from within a building owned and operated for retail business purposes by a person or business entity having an established place of business in the Town of Queensbury. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 7/90) 2. A person or business entity shall be deemed to have an established place of business in the Town of Queensbury if said person or business entity engages in business at a fixed location within the Town of Queensbury for a period of more than six (6) consecutive months. 3. The terms and provisions of this amendment shall take effect immediately upon filing of this Local Law with the Secretary of State in accordance with the terms and provisions of the General Municipal Law and any person, corporation or other entity, since January 1, 1991, deemed transient merchant or as having a market for transient merchants and/or solicitors, and having complied with the previous rules and regulations of the Town of Queensbury, shall be entitled to all rights, privileges and benefits of this amendment as if the same were effective as of January 1, 1991. ( 2 ) s (Complete the certification in the paragraph that applies to the filing of this local law and strike out that 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. 12 of 19 9 of the (QWwy)(Qj4y)(Town)(3(j of Queensbury was duly passed by the ToWn B _ on JuIx 22nd 19 °1 , in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer`.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19l, and was (approved)(not disapproved)(repassed after Name of LegislativeBody) disapproval) by the and was deemed duly adopted on 19� (Elettive Chief Executiye Officer in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after Name of Legislative Body disapproval) by the on 19_ Such local law was Elective Chief Executive Officer submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 19 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referadum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19r, and was (approved)(not disapproved)(repassed after Name of Legislative Body disapproval) by the on 19! Such local law was subject to Elective Chief Executive Officer* permissive referendum and no valid petition requesting such referendum was filed as of 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 the power to approve or veto local laws or ordinances. (3) a 5. (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 section (36)(37) 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 (special)(general) 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 appropritate certification.) 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 7 , above. _ C"fferk of the gis ative body, . y,Town or a Clerk or officer designated by local legilsative body tSeal;- _ Date: July 23, 7997 (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 all proper proceedings have been had or taken for the enactment of the al law a hereto. ature Town Attorney Title eityx of Dueensbury Town Wffaw Date: Julv 23. 7997 (4)