LL 03 Special Sales Events NEST TORK STATE DEPARTMENT OF STATE
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tBtaltX>3C�
Mf of ......UEENSBURY"
Town
VIRWye Local Law No. .............3...........................:........ of the year 19 ...9..7
A local law. ......SPECIAL SALES EVENTS
(Insert Title)
Be it enacted by the .......... OWN BOARD ..of the
......................................................................................................................
(Name of Legislative Body)
y of ...............4UEENSBURY
Town
The Code of the Town of Queensbury is hereby amended
SECTION 1 . to read as
by adding thereto a new Chapter to- be Chapter 161 ,
follows :
§161-1 . Title.
. This Chapter shall be titled, "Special Sales Events . "
§161-2 . Statutory Authority.
. The authority for this Chapter is 510 of the Municipal Home
Rule Law and Article 16 of the Town Law.
§161-3 . Purpose.
The purpose and intent of this Chapter is to regulate the
temporary * use of land for special sales events in a manner
consistent with its normal use and beneficial to the general
C. Furthermore, it is the intent of this
welfare of the publi
Chapter to protect nearby property owners, residents and businesses
from special events which may be disruptive, obnoxious, unsafe "or
ns, land use
inappropriate given site conditions, traffic patter it is
characteristics and the uto preserveotheed use.public health, ,safety
the intent of this Chapter
and welfare.
§161-4 . Definitions -
OFF-SITE SALES - Sales of goods or merchandise by a business
at a location other than its principal location in the Town of
Queensbury.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
Dos-239 (Rev. 7/90)
SPECIAL SALES EVENT - A temporary, short-term use of land or
structures for the purpose of off-site sales conducted by an
established business lawfully in existence and operation within the
Town of Queensbury provided that the items being offered for sale
are those items already primarily offered for sale by that business
at its principal location.
§161-5 General Requirements .
Special sales events meeting the following standards may be
issued a special sales event permit administratively by the
Department of Community Development. In administering the
provisions of this Chapter, the Department shall be guided by
applicable Town policies as adopted by the Town Board. Any
applicant denied a special sales events permit shall be notified in
writing of the reasons for the denial . No more than two (2)
special sales events permits per calendar year shall be issued
administratively to any one applicant.
A. Special sales events may be permitted administratively by
the Department of Community Development providing that
all of the following criteria are met:
1 . An application is made and a fee paid in accordance
with this Chapter.
2 . No more than one sign may be displayed.
3 . All signs shall be in conformance with the Town of
Queensbury Ordinance for temporary signage and all
applicable sign permits shall be applied for with
the application for the special event.
4 . The special sales event should not cause undue
traffic congestion or accident potential given
anticipated attendance and the design of adjacent
streets, intersections and traffic controls .
5 . The special sales event should not cause the
overcrowding of parking facilities given
anticipated attendance and the possible reduction
in the number of available spaces caused by the
event itself.
6 . The special sales event should not endanger the
public health, safety, or welfare given the nature
of the activity, its location on the site, and its
relationship to parking and access points .
7 . The special sales event should not impair the
usefulness, enjoyment or value of adjacent
property. In making this determination, the
(2)
Department shall consider the generation of
excessive noise, smoke, odor, glare, litter or
offensive visual appearance.
8 . Any structure used in conjunction with the special
sales event shall be subject to all applicable
building codes and shall be promptly removed upon
the cessation of the event.
9 . The special sales event may be conducted only on
property zoned as highway commercial, plaza
commercial, enclosed shopping center and light
industrial zoning districts .
10 . The duration and hours of operation of the special
sales event shall be consistent with the intent of
the event and the surrounding land uses, but in no
case shall the duration exceed twelve ( 12 ) days .
§161-6 Application and Fee.
A. No special sales events permit shall be issued until an
application has been submitted to the Department of
Community Development and the appropriate fee paid. The
application shall be made on forms provided by the
Department of Community Development and shall be
accompanied by the following items as applicable:
1 . A letter from the applicant describing the proposed
event, the hours of operation, the duration of the
event, anticipated attendance, and any structures,
signs or attention-attracting devices including
visual devices) used in conjunction with the event.
2 . A scale drawing showing the location of the
proposed activities, structures, lighting and signs
in relation to existing buildings, parking areas,
streets, property lines and any other elements
integral to the proposed event and/or considered
necessary by the zoning administrator.
3 . A letter from the property owner or manager, if
different from the applicant, authorizing the
special sales event.
B. Each application for a special sales event permit shall
be accompanied by an application fee. The fee for said
application shall be one hundred and twenty-five ( $125)
dollars .
C. The Department of Community Development shall
decide on each application within fourteen ( 14 )
( 3)
days of receipt of a complete application.
D. The special sales event permit shall be posted on the
site for the duration of the event.
§161-7 Appeal .
Any applicant whose special sales event permit is denied by
the Department of Community Development may appeal such denial to
the Town Board of the Town of Queensbury. 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 date
the permit is denied. The letter appealing the denial decision
shall set forth each and every reason why the applicant feels that
the denial of the permit was improper. Upon receipt of such an
appeal, the Town Board of the Town of Queensbury shall, within
thirty ( 30) days, mail written notice to the applicant stating that
the Town Board will consider the appeal within thirty ( 30) days at
a public meeting at which the applicant will have the right to be
heard. Upon such consideration and within thirty ( 30) days
thereafter, the Town Board of the Town of Queensbury shall make a
decision as to whether to uphold or overturn the Department of
Community Development' s denial . In the event that the Town Board
fails or refuses to take action on the appeal, such non-action
shall not be considered as approving the permit, but shall allow
the applicant to proceed with any type of legal proceeding which
(s)he may be entitled to commence under law. Any such legal
proceeding must be commenced within thirty ( 30) days of the Town
Board' s action or thirty ( 30) days from the last date by which the
Town Board was to have taken some action as required by this
Chapter.
§161-8 Revisions to applications .
The Town Board may, from time to time and by Resolution,
specify the form of the applications and permits required herein
but may not change the content or matters to be included therein
without revision of this Chapter.
§161-9 Severability.
If for any reason any section or part or parts of any section
of this Chapter shall be deemed unlawful or unenforceable by a
Court of competent jurisdiction, such determination shall not
affect or impair the validity of any other provisions of this
Chapter, but such other provisions shall remain in full force and
effect.
§161-10 . Enforcement; Penalties for Offenses .
A. Each violation of this Chapter or of any regulation,
order or rule promulgated thereunder shall be punishable
(4)
by a fine not exceeding one thousand dollars ( $1, 000 . )
for each offense. Each day a violation continues shall
be a separate offense.
B. In the event that any special sales event conducted or
any building, structure, or land or site is used in
violation of this Chapter or any 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 conduct of business or 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 .
§161-11 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 2 . Effective Date.
This Local Law shall take effect upon proper filing with the
New York State Secretary of State in accordance with the terms and
provisions of the Municipal Home Rule Law of the State of New York.
(5)
(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. 3 of 19 97
of the l� tx;)(r' x;!T ;(5� ,; QUEENSBURY was dul
y passed by the
TOWN BOARD on 4-21— 19 91, in accordance with the applicable provisions of law.
ame 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 (Countv)(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 and was deemed duly adopted on 19
ective ie Executive [titer
in accordance with the applicable provisions of flaw.
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 19 Such local law was
Elective Chief Executive-Officer*)
submitted to the people by reason of a (mandatorv)(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
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the tEiective Chief E on 19 Such local law was subject to
xecu:i•,�, O(5car')
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 su-,-..._ - .r -.1 -. "' •_- .. __ __ -1 --- _. . , _
laws or ordinances.
(6)
5. (City local 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 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 taw 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 5 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 aV of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph.............above.
X 0,0" /—"�
Clerk of the Cggttty legislative body,G own or v�tkEler or
officer dwInated by loco egtslative body
Date: April 23, 1997
(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.........Warrgji...........
1, the undersigned, hereby certify that the foregoin w co ains the correct text and that all
proper proceedings have been had or taken for the enactme cat annexed hereto.
...... s ..............
ignature
Marck Schachner Town.Counsel.. .......
.. .
Tide
Cmry
Date: April �y 1997 Cit9CX of .....Queensbury
Town
M'the
(7)
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, NY 12231-0001
ALEXANDER F. TREADWELL
SECRETARY OF STATE
May 1, 1997
DARLEEN M DOUGHER
TOWN OFFICE BLDG.
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 3 , 1997, filed 04/24/97
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
q0140'(s-
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
�TGD:m1
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Local Law No. 3 917
.
Town of Queensbury
C/O Clerk's Office
5131 Bay Goad
!!jj Quiieel!nsburyjj, LAY !!ii J12804
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