LL 06 Transient Merchants- Peddlers Replace Chapter 10 S. (City local law concerning Charter revision proposed by petition.)
1 hereby certify that the local law annexed hereto,designated as local law Nd. ........ of 19........
of the City of ................................. having been submitted to referendum pursuant to the
provisions of 137 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 gene all election held on '
............ 19.........became operative.
6., (County local law concerning adoption of Charter.)
hereby certify that the local law annexed hereto,designated as local law No. ........ of i9.........
of the County of ......................State of New York,having been submitted to the Electors at the
General Election of i November .............19.......pursuant to subdivisions S 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.
LI
Clerk of the County legislative body,City.Town or viffne Clerk or
officer designated by local Icgislativc body
Date:
(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..........WREN..........
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 enactrorm a loca nne ereto.
g .....................
Si use
..........moo ..max.................
Title
X/VM '
Date: 31,7157.r XXIXX of ..........QUEENSBURY..........
Town
X mxx
(13)
Local Law Filing 162 WNEW YORK STATE DEPARTMENT OF STATE
ASHINGTON 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.
JOb�f�t�
XJOti(yX
" QUEENSBURY
Town
of .................................. ......................................-..............................................
Local Law No. ...................6............................... of the ..year 19 9*5* .
A local law ...TMMIENT MERCHANTS, PEDDLERS AND SOLICITORS, "AND" REPLACING IT WITH A NEW
.. ................................................................ . .
CHAPTER 160 TO BE ENTITLED, "PEDDLERS/SOLICITORS, TRANSTENT'•MERCHANTS'/*T AhF9I
�ERCHANT MARKETS" .
Beit enacte by the ...............................................TOWN...B11ARD...................................................................of the
(Name of Legislative Body)
CX9(9At#
X)g>(XX of .................................................................aUEENSBURY
...................................................as follows:
Town
X 'AraX
SECTION 1 • The andode of the Town of repealing Chapter Q160,sb re
Transient Merchantsr
by amended
by deleting
Peddlers, and Solicitors .
SECTION 2 . The Code of the Town of Queensbury is hereby amended by
adding thereto a new chapter• to replace Chapter 160 hereinabove
repealed, to be er 160 Marketsdt of read ascfollows ;Transient
Merchants/Transient Merchant
_ PEDDLERS/SOLICITORS
TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKETS
§ 160. 1 TITLE
§ 160 .2 STATUTORY AUTHORITY
§ 160 .3 PURPOSE
§ 160.4 DEFINITIONS
§ 160.5 GENERAL REQUIREMENTS
§ 160 .6 GENERAL EXEMPTIONS
§ 160.7 LICENSE REQUIREMENTS-PEDDLERS/SOLICITORS
§ 160 .8 LICENSE REQUIREMENTS- TRANSANTTMARKETANT/TRANSIENT
MERCH§ 160 .9 ISSUANCE OF DENIAL OF LICENSE
§ 160. 10 APPEAL
§ 160. 11 REVISIONS TO APPLICATIONS
§ 160 . 12 SEVERABILITY
§160. 1 TITLE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev, 7/90)
This Chapter shall be titled, "A Local Law Regulating
Peddlers/Solicitors, Transient Merchants/Transient Merchant
Markets . "
5160.2 STATUTORY AUTHORITY
The authority for this chapter is Municipal Homes Rule Law --
10, Subdivision 1( ii) a( 11) and ( 12) , and Town Law Article 16
entitled, "Zoning and Planning. "
§160. 3 PURPOSE
The purpose of this chapter is to register and regulate
Solicitors/Peddlers, Transient Merchant, and Transient Merchant
Markets located, operating, doing business, transacting business or
otherwise performing the activities subscribed to such enterprises,
individuals or activities in this chapter within the Town of
Queensbury. In those instances where the aforesaid transient
merchants and/or markets for transient merchants, solicitors, and
peddlers are in a fixed place for a period of time, the purpose of
this law is also to require conformity with the Town's
Comprehensive Land Use Plan and Zoning Laws so that the community's
land use and planning goals are not unduly interfered with or
defeated by unregulated enterprises .
§160.4 DEFINITIONS
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT - An individual, partnership, corporation,
association, tenant and/or property owner requesting a
Peddlers/Solicitors License or Transient Merchant/Transient
Merchant Market License
SOLICITOR/PEDDLER - A person, corporation, partnership,
association or any other organization undertaking a commercial
activity through the act of selling, offering for sale,
soliciting orders for future sales of merchandise, works of
art, meats, seafood, vegetables, fruit, other food products or
goods of any kind, magazines, books, photos, educational
books, by going from house to house and not by remaining
stationary in any private or public place, motor vehicle or
non-motorized vehicle for the purpose of making or soliciting
sales or demonstrating or making estimates of services to the
general public.
(2 )
TRANSIENT MERCHANT - A retail or wholesale business conducted
in a building, temporary structure or tent; from a truck, van
or trailer; on a parking lot or vacant parcel of land; on a
part of public right-of-way; or in any other place for a
temporary period to time. The type of merchandise being
offered for sale will have no bearing on the designation.
TRANSIENT MERCHANT MARKET - A Transient Merchant Market being
any gathering, or group of three ( 3) or more transient
merchants, peddlers/solicitors upon any lands, structures or
facilities within the Town of Queensbury.
§160.5 GENERAL REQUIREMENTS - All activities which meet
definition of Solicitors/Peddlers and Transient Merchant/Transient
Merchant Market shall comply with the following requirements :
A. LICENSE - All activities as defined in §160 .4
Definitions, except those listed in §160.5 shall be subject to
issuance of a license by the Town Clerk. The conditions for
obtaining a license are set forth:
§160 . 7 License Requirements - Solicitor/Peddler
§160 . 8 License Requirements - Transient
Merchant/Transient Merchant Market.
B. LOCATION - All activities as defined in §160.8 Transient
Merchant/Transient Merchant Markets shall comply with the Town of
Queensbury Zoning requirements for use, area and parking.
C. TIME - All activities as defined in §160. 3
Definitions shall be limited in duration by the requirements set
forth:
§160. 7 License Requirements for Peddlers/Solicitors
§160 . 8 License Requirements for Transient
Merchant/Transient Merchant Market.
D. FEE - All activities as defined in §160. 4 Definitions
shall be subject to payment of a license fee as set forth:
§160 . 7 License Requirements - Peddlers/Solicitors
§160 . 8 License Requirements-Transient
Merchant/Transient Merchant Market.
§160.6 GENERAL EXEMPTIONS - The provisions of this Local Law
shall not apply to:
(3)
A) any sales conducted pursuant to statute or by order
of any court;
B) the PEDDLING of meats, fish, fowl, fruit,
vegetables, flowers, shrubs and trees by a gardener
or farmer or his employees where the products so
sold or offered for sale are the produce of this
vendor' s farm, garden or orchard;
C) sales by dealers in milk, baked goods, heating
fuel, dry cleaning/laundry and daily newspapers;
D) sales by any person soliciting at the express
invitation of the person solicited or soliciting to
established customers;
E) sales by any school group, veterans, fraternal or
charitable organization, volunteer firemen's
association, religious, civic or service group or
other non-profit organization or association that
maintains a chapter or place for the regular
conduct of business or meetings within the County
of Warren;
F) to any veteran who has procured a license from the
State of New York pursuant to §32 of the General
Business Law;
G) to garage sale.
§160.7 LICENSE REQUIREMENTS - PEDDLERS/SOLICITORS
A. APPLICATION FOR PEDDLERS/SOLICITORS LICENSE - All
Peddlers/Solicitors, except those exempted from this chapter (See
§160 . 6) , shall be required to obtain a license from the Town Clerk.
( 1) The application as provided by the Town Clerk shall
contain the following information and material :
(a) The name of the applicant.
(b) The applicant ' s federal employee
identification number or social security
number.
(c) The applicant' s New York State sales tax
number.
(4 )
(d) The applicant' s permanent home residence and
business address, if any.
(e) If the application is filed by an agent, the
name of the firm/association or person
represented and written authorization by the
firm authorizing the representation.
( f) The number of weeks and the beginning and
ending date for which the license is
requested.
(g) 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 (including address) and
distributor of goods ( including address) , and
commodities and the name, publisher and
distributor of all books, magazines or
periodicals to be offered for sale.
(h) Authorization of an agent to receive service
of summons including name and address .
(2 ) The application must be appended to a document of
authorization from the firm which the applicant
purports to represent.
(3) Before license can be issued the applicant must
provide a bond, letter of credit or cash required by this
chapter. (See §160 . 7C. )
(4 ) The applicant shall pay the fee set forth in
§160 . 6B, at the time of application.
B. LICENSE FEE/DURATION - SOLICITOR/PEDDLERS- All licenses
for Solicitor/Peddlers shall be subject to the following time
constraints and fee Schedule:
1 . A fee of fifteen dollars ($15 . 00) per week, shall be
paid to the Town Clerk prior to issuance of the
license.
2 . Each applicant for a Solicitor/Peddlers license
shall be limited to one ( 1) license per year.
(5)
3 . The maximum licensing period for Solicitor/Peddlers
license shall be sixteen ( 16) weeks per
calendar year (calendar year will run from January
1st to December 31st. ) per application.
C. BOND OR CERTIFIED FUNDS - Before any license authorized
herein shall be issued, the applicant shall file with the Town
Clerk proof of an 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 five thousand dollars ($5,000) 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 or fraudulent unlawful 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 ( 1) year from the
expiration of the license. Interest earned shall be the property
of the applicant. The funds shall be used to satisfy any judgment
obtained in judicial proceedings for damages incurred by citizens
of the Town of Queensbury as a result of false, fraudulent or
unlawful sales practices by any person licensed hereunder.
5160.8 LICENSE REQUIREMENTS-TRANSIENT MERCHANT/TRANSIENT
MERCHANT MARKET
A. APPLICATION FOR TRANSIENT MERCHANT/TRANSIENT MERCHANT
MARKET - All Transient Merchants/Transient Merchant
Markets, except those exempt from this Chapter (see
§160-61, shall be required to obtain a license
from the Town Board.
( 1) APPLICATION. Written application for a license to
operate a Transient Merchant/Transient Merchant Market
shall be provided by the Town Clerk and submitted to the
Town Board at least sixty days (60) prior to the
commencement of operation by filing the application
as provided by the Town Clerk during regular business
hours . The application shall contain the following
information:
(a) The name of the applicant.
(b) The applicant ' s federal employee
identification number.
(6)
(c) The applicant 's New York State sales tax
number.
(d) The location of the proposed market.
(e) The residence address and/or business address
of the applicant, if any. If application is
filed by an agent, the name of the firm or
person represented and written authorization by
the firm authorizing the representation.
( f) The number of transient merchants or
solicitors that will have business in or be
part of the proposed market.
(g) A plan or map to scale showing the location of
the proposed market in proximity to property
boundaries and any other temporary or
permanent structure on the lot. The plan or
map shall also show the location of the
vendors within the market the provision for
dedicated parking, vehicular access to and
from the site, the zoning district in which
the market is to be located, provision for
water supply and sewage disposal .
(h) The days and hours during which the market
will be open or operated, up to a maximum of
fourteen ( 14) days in any year that the
license for such market is in effect.
( i) 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 .
( j ) Authorization of an agent to receive service
of summons .
(k) Such other information as the Town Board shall
require to enable the Town Board to make its
review in accordance with the general
requirements hereinafter set forth.
(1) Fifteen ( 15) copies of a completed application
shall be submitted - one ( 1) copy for the Town
Clerk and one ( 1) copy for the Zoning
Administrator for a determination of the
completeness of the application and
compliance with the requirements
of this Chapter and the Town of Queensbury
(7)
Zoning Ordinance, seven ( 7) copies to the
Planning Board, five (5) copies to the Town
Board and one ( 1) to the Town Attorney.
(2) SITE PLAN REVIEW- All applications for operation as
a Transient Merchant/Transient Merchant Market shall be
subject to site plan review by the Town of Queensbury
Planning Board.
A. The Town Clerk upon receipt of an application
deeded complete by the Zoning Administrator
will forward the same to the Town Board.
B. The Town Board at its discretion may forward
the application to the Town Planning Board for
Site Plan Review comments .
C. 1 . The Queensbury Planning Board shall review
and recommend the approval, approval with
modifications, or denial of the site plan,
which has been prepared to the specifications
set forth in this Local Law, and in accordance
with the regulations, set forth in Chapter
179, Article 5, §179-34 - 39 of the Code of
the Town of Queensbury.
2 . In addition to the filing fee provided for
herein, the applicant shall also be required
to pay any fees or costs incurred by the
Planning Board for legal, engineering and/or
other technical review, provided that the fees
or costs reflect the actual cost to the
Planning Board therefore. This fee shall not
exceed $1,000 . without the consent of the
applicant.
D. After receipt of a recommendation from the
Queensbury Planning Board the Town Board will
make the final determination of approval,
approval with modifications or denial .
E. Before license is issued the applicant must
provide a bond, letter of credit or cash
required by this chapter. (See S160 . 7C. )
F. The applicant shall pay the fee set forth in
S160 .8B, at the time of issuance of license.
B. LICENSE FEE/DURATION FOR TRANSIENT MERCHANT/TRANSIENT
(8)
MERCHANT MARKET- All licenses for operation of Transient
Merchant/Transient Merchant Market shall be subject to the
following time constraint and fee schedule:
1 . A fee of five hundred dollars ( $500 .00) per day
shall be paid to the Town Clerk after approval of
the application by the Town Board and prior to
issuance of license.
2 . Each applicant for a Transient Merchant/Transient
Merchant Market license shall be limited to one ( 1)
license per year. The maximum licensing period for a
Transient Merchant License or Transient Merchant
Market License shall be fourteen ( 14) days per
calendar year (calendar year will run from January
1st to December 31st. ) per applicant.
C. BOND OR CERTIFIED FUNDS - Before any license authorized
herein shall be issued, the applicant shall file with the Town
Clerk proof of an 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) 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 or fraudulent unlawful 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 ( 1) year from deposit.
Interest earned shall be the property of the Applicant. The funds
shall be used to satisfy any judgment obtained in judicial
proceedings for damages incurred by a citizens of the town of
Queensbury as a result of false, fraudulent or unlawful sales
practices by any person licensed hereunder.
§160.9 ISSUANCE OR DENIAL OF LICENSE
1 . Upon receipt of an application, the Town Clerk shall refer the
application, in accordance with this Local Law, to the
Planning Board for Site Plan Review.
2 . The Town Clerk shall refuse to register the application and
issue a license if it is determined, pursuant to the
procedures required herein:
A. that the application is incomplete and does
(9)
not contain all information required;
B. that Site Plan Approval is not issued by the
Planning Board;
C. the failure to provide a bond or certified
funds and an authorization of agent or service
as required hereby;
D. absent a cause to refuse registration in
accordance with this section, the Town Clerk
shall grant a registration and issue to the
applicant a license. Such license shall
authorize the holder to conduct business
within the Town in accordance with the terms
and provisions hereof or any site plan
approvals, for a period of the license. The
Town Clerk shall maintain an accurate record
of every application received and acted upon,
together with all other information and data
pertaining to the application and all licenses
issued and applications refused.
§160 . 10 APPEAL - Any applicant refused registration and/or a
license shall appeal to the Town Board of the Town of Queensbury
prior to commencing any proceedings at law to review the
determination of the Town Clerk. The appeal to the Town Board
shall be made by way of written letter submitted to the Town Clerk
of the Town of Queensbury, within thirty (30) days of the time the
registration and/or license is denied. The letter appealing the
Town Clerk's decision shall set forth each and every reason why the
applicant feels that the denial of the registration or license was
improper. Upon receipt of such an appeal, the Town Board of the
Town of Queensbury shall, within twenty (20) days, mail written
notice to the Appellant, which date and time shall be not later
than thirty (30) days from the date the registration or license was
denied. Upon hearing the appellant's arguments, as well as
reviewing the applications and the law, the Town Board of the Town
of Queensbury shall make a decision as to whether to uphold the
Town Clerk' s findings or deny the same, within fifteen ( 15) days
thereafter. In the event that the Town Board fails or refuses to
take action on the appeal, such non-action will not be considered
as approving the permit, but shall allow the applicant to, at that
time, proceed with any other type of judicial review that may be
entitled to under law. Such judicial review, however shall be made
within thirty (30) days of the item the Town Board refuses or fails
to take action or thirty (30) days from the last date by which the
Town Board was to have taken some action as required by this Local
Law.
( 10)
5160-11 . REVISIONS TO APPLICATIONS
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 chapter.
§160-12 . SEVERABILITY
If for any reason any section or part or parts of any section
of this Local Law shall be declared unconstitutional or beyond the
power the Town to enact, such facts shall not affect or impair in
any way any other provisions of this Local law, but such other
provisions shall be in full force and effect.
SECTION 3 . Applicability; preexisting licenses and regulations .
This chapter 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 chapter within the Town of
Queensbury as of the effective date of this chapter, except that
this chapter 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 chapter by the Town
Board or the Town Clerk of the Town of Queensbury in accordance
with the provisions of previous Chapter 160 herein repealed.
Licenses, permits or approvals previously issued shall be
authorized pursuant to and subject to the provisions of the
aforementioned repealed Chapter 160 . Any new licenses or renewals
of previously issued license, permits or approvals therefore shall
be applied for and issued in accordance with this chapter.
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 chapter shall be
subject to and regulated in accordance with the provisions of this
chapter. The exemption from the provision of this chapter 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, except
as specifically provided for herein. The provisions of this
chapter shall apply and supersede all previously local laws or
regulations .
( 11)
(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. 6 of 19 95
of the 9%KKX)WM gy)(Town) ) of QUEENSBURY was duly
passed by the
onFEBRUARY 27 19 95 in accordance with the applicable provisions of law.
(Name of Legislative BogyJ
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
(Name of Legislative Bogy) on 19 , and was (approved)(not disapproved)(repassed after
disapproval) by the and was deemed duly adopted on 19_,
(Elective Chief Executive IGeer
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
Name of Legislative Body on 19 , and was (approved)(not disapproved)(repassed after
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
referndum.)
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
Name of Legislative Body on 19_, and was (approved)(not disapproved)(repassed after
disapproval) by the on 19 Such local law was subject to
Elective Chief Executive O(fieer
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.
(12)
S. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law Nd. ........ of 19........
of the City of .............................. having been submitted to referendum pursuant to the
provisions of 137 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 general election held on .............
............ 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 S 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.)
1 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.
L CL_'_L� & k�' - .
Clerk of the County legislative body,City,Town or v'11hrite Clerk or
officer designated by local legislative body
Date:
(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..........WHEN..........
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 enact t le loc nne creto.
.....................
..........moo -:.... . .................
Title
XXX
3/3�'t XX� of .........
Date: Ql1EENSBIIRY.
Town
Xyp I(X
(13).