LL 10 Transient Merchant Law Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, MY 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.
Cl IV QUEENSBURY
Town of .....................;;..................................................................
..............................
Local Law No. 10
............................................ of the ..year 19 95...
TO AMEND THE CODE OF THE TOWN OF QUEENSBURY CHAPTER 160 THEREOF, ENTITLED,
A local law ...................
......
"PEDDLERS/SOLICITORS-; TRANSIENT MERCHANTS/TRANSIENT MERCHAM1I7 FIARKETS""""
Be it enacted by the .... TOWN BOARD
Name........................o[Le. ....Cis lati.........ve.....B..ody......) ............................................................ .....................of the
x2Tiy of QUEENSBURY
Town ..................... .....................................................................................as follows:
�3GIDSt�EX
SECTION 1 . The Code of the Town of Queensbury, Chapter 160, is
hereby amended by adding a new S160 .5 . 1 entitled, "General
Prohibitions" and reading as follows:
5160.5 . 1 GENERAL PROHIBITIONS.
A. No person, corporation, partnership, or sole
proprietorship shall operate, cause to be operated, or
participate in a transient merchant market and/or conduct
business as a transient merchant, peddler, and/or
solicitor, unless and until a license has been received
from the Town of Queensbury in accordance with the
provisions of this Chapter.
B. No owner . of real property located in the Town of
Queensbury shall knowingly allow said real property to be
used by or in furtherance of the business of a transient
merchant or a transient merchant market, unless the
transient merchant and/or transient merchant market shall
have first been licensed as required by this chapter.
Real property shall be deemed "used" as provided herein
when the real property is the place where goods and/or
services are offered for immediate sale and/or where
orders are taken for subsequent delivery of goods or
furnishing of services by transient merchants and/or
transient merchant markets . "Knowingly" shall be defined
and application of such term shall be as the term set
forth in the Penal Law of the State of New York.
SECTION 2 . The Code of the Town of Queensbury, Chapter 160,
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
OOS-239 (Rev. 7/90)
S160.6 thereof, entitled, "General Exemptions" is amended by
deleting the first unnumbered lead sentence sand adding and
substituting language therefore as follows :
5160.6 GENERAL EXEMPTIONS - The provisions of this Chapter which
require registration and/or licenses shall not apply to the
following types of sales, except that any activities or locations
used in furtherance of sales identified hereunder must still comply
with all other laws, ordinances, rules, and regulations of the
State of New York, County of Warren and/or Town of Queensbury,
including the Town of Queensbury Zoning Laws:
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.
SECTION 3 . The Code of the Town of Queensbury, Chapter 160
thereof, shall be amended to add a new S160 . 15 entitled,
"Enforcement" to read as follows :
(2)
5160. 15 . Enforcement.
In addition to the Town of Queensbury officers and/or
employees authorized, expressly or by implication, to administer
and enforce this Chapter, the Code Compliance Officer for the Town
of Queensbury is expressly delegated the duty and responsibility to
administer and enforce the provisions of this Chapter and in
furtherance thereof, to issue appearance tickets as defined,
authorized, and set forth in Article 150 of the Criminal Procedure
Law of the State of New York.
SECTION 4 . This Local Law shall take effect immediately upon
filing thereof in the Office of the Secretary of State.
(3)
(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, local law No. ` 10 of 19 95
of the ((R0(iA;(WV ty)(Town)(V X) of UaNgM' was duly passed by the
TOWN BOARD on JULY 10TH, 19_, 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 19_, and was (approved)(not disapproved)(repassed after
ame of egis alive ody
disapproval) by the and was deemed duly adopted on 19_
(Elective Chief ExecUAW* 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. 01719
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 19_, 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.
(4)
f
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 13�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 electiotl 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 ff the whole of such original local law, and was
finally adopted in the manner indicated in paragraph.............above.
Clerk of the County legislative body;City,Town or ViHtte Cle or
officer designated by local legislative body
Date: �`� 5
(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 contains the correct text and that all
proper proceedings have been had or taken for the enactm a nee reto.
Tide
QUEENSBURY
Dale: � �—9 1�X of ..................................
Ran
(5)
1
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
ALEXANDER F. TREADWELL
SECRETARY OF STATE
July 18, 1995
DARLEEN M. DOUGHER
TOWN OFFICE BUILDING
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 10, 1995, filed 07/13/95
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Si cerely,
nc'
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
�, RECYCLED PAPER