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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