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LL 08 Amend Transient Merchant Law • Local, Low Filing NEW PORK STATE DEPARTMENT OF S TAT 162 WASHINGTON AVENUE, ALBANY, NY 1223E (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. 4RMty ftx - Town of ..................... QUEENSBIIR.Y......................................:................................ WNW Local Law No. Q........................... of the .year 19 .35.. A local lace ..TO...AMEND...T.HE-CODE..O.E....THE...T.QkIN..(JF....QUE.EN.saLIR,y,.¢Y,.•AMEhQI(�t2... H/ FNE 160. THEREOF ENTITLED, "PEDDLER/SOLICITORS, TRANSIENT MERCHANTS/TRANSIENT MERCHANT MARKETS" Be it enacted by the ..................WEENsal1RY....TOWN-.80Af30.............................................. (Name of Legislative Body) ••••••••••of the )Pm ty >�kky Townof ................QUEENSBUR.Y............................................................................. .............................as follows: MHUe SECTION 1 . The Code of the Town of Queensbury, Chapter 160, §160 . 5 thereof, is hereby amended by adding a new paragraph lettered "A" and relettering the subsequent paragraphs in the section, to read as follows: §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. DETERMINATION - It shall be the responsibility of the Zoning Administrator to determine if and what type of license is required under- this local law. B. 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. C. 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. D. 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. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS•239 (Rev. 7/90) (l) E. FEE - All activities as defined in 5160 . 4 Definitions shall be subject to payment of a license fee as set forth: 5160 . 7 License Requirements - Peddlers/Solicitors 5160 . 8 License Requirements - Transient Merchant/Transient Merchant Market. SECTION 2 . The Code of the Town of Queensbury, Chapter 160, 5160. 6 thereof, entitled, "General Exemptions" is amended by adding a new paragraph "H" as follows : 5160-6 GENERAL EXEMPTIONS - The provisions of this Local Law shall not apply to: 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 S32 of the General Business Law; G) to garage sale. H) any sales conducted by the owner of an established business from the site of said business . This is not intended to provide exemption to requirements as set forth in Chapter 179 Zoning. 2 SECTION 3 . The Code of the Town of Queensbury, Chapter 160, §160-14 thereof, entitled, "Penalties for Offenses, " shall be amended to read as follows : §160-14 . Enforcement and Penalties for Offenses . A. Each violation of this Chapter or of any regulation, order, or rule promulgated thereunder shall be punishable by a fine not exceeding one thousand dollars ($1,000. 00) for each offense. Each day a violation continues shall be a separate offense. B. In case any transient merchant shall erect, construct or maintain a transient merchant business or use any building, structure or land or sites in violation of this local law or other permit or approval issued or made hereunder, the Code Compliance Officer or other proper local authorities of the town may, in addition to seeking other remedies, penalties and/or fines, institute any appropriate actions or proceedings to 1) prevent such unlawful erection, construction, maintenance, use of any building, structure, land or site, 2 ) restrain, correct or abate such violation, 3) prevent the occupancy of said building, structure, land or site, and/or 4) prevent any illegal act, conduct, business or use in or about such premises . SECTION 4 . This Local Law shall take effect immediately upon filing thereof in the Office of the Secretary of State. 3 .._............ ..............- ...ptvn..NN..W.rhw+ti. ...,..+..ra... .ate..w.. - ..a.l.... 4R'S14:JulY!%e•c.§YA+a^wr..^�.'__—__—_ _-__ r—S."PIA [lint applies to the filing of this local law and strike out that which is not applicable.) 1. (Finatl adoption by local legislative body only.) I hereby-certify that the local law annexed hereto, designated as local law No. 8 of 19 95 of the (QbU4itt)Sr)((M%)(Town)(Il(I M1M of (JIIEENSBURY was duly passed by the on R.1 19 95, in accordance with the applicable provisions of law. t,me o •ttv eQte e y 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 19 , and was (approved)(not disapproved)(repassed after (Name of Legislative o y disapproval) by the and was deemed duly adopted on 19 echw �e Executive wer 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 19r 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 19l, 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 on 19_ , and was (approved)(not disapproved)(repassed after (Name of Legislative Body) disapproval) by the on 19, Such local law was subject to lective Chief xeeutive 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. (4) S. ,(City lftcal law concerning Charter revision proposed by petition.) 1 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 137 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified elcclo:s of such city voting thereon at the special 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 1 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. Clerk of she County legislative body,CXV,Town orMi4kicris or officer designated by local legislative body Date: 6/6/95 (Seal) (Certification to be executed by County Attorney, Corporation Counsel,Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF.......WARREN 1, the undersigned, hereby certify that the foregoing local law contai reef text and that all proper proceedings have been had or taken for the enactmen a local a nnexed here ....... ... .. gnaturc .................. .........TOWN.ATTDBMEY.......................... Tide 9*WY Date: 6/6/95 RKX of .:..QUEENSBURY................ Town �ti(1X�e (5) �EJ ' The following material has been tec'hA' C"' ` and -vl' 1 1 he pi-oce,,sed fou inclusion in "our Code i--,s suppleuier)t,- 1 pages (wfi*)-,-{^ ''/ l�u•i4"r� ; appal icable) ;,Ocal 1_a�c No. S-9� Town of f QueenshurN C/O Clerk's office 5;1 RaS' Road Queensburt'. N)' 1 2)04 IIII III III Ili 111 list if11 Ill ii h ilt!Ill11I1IIII!tillIIIIlliII:I