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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).