[Amended 4-22-2010 by L.L. No. 3-2010]
From and after the effective date of this article, it shall be illegal for any person, firm, corporation or entity to, in any manner, hawk, sell or vend any goods, merchandise, products, food or dry goods from, at, on or near any publicly owned or leased lands within the Village of North Syracuse, unless a permit is obtained therefrom in accordance with this article. The permit required for food vendors, as defined in Article III of this chapter, participating in the seasonal sale of food from fixed outdoor locations on or near any publicly owned land or leased lands within the Village of North Syracuse shall be governed by Article III of this chapter.
A.
Any person, firm, corporation or entity desiring to
obtain a permit under this article shall make application therefor
on the forms provided by the Village Clerk for such purpose and shall
submit with such application a fee in accordance with the fee schedule
established by the Board of Trustees, which fee shall be applied to
the licensing period from January 1 to December 31. In the event that
such permit is issued or the application is returned in the event
that such permit is denied, the fee for the aforesaid licensing period
shall in no way be reduced or prorated and shall be applicable only
to that portion of time remaining between the date of issue of said
permit and December 31.
B.
Said application and fee shall be accompanied by the
following:
(1)
Three letters of reference regarding the applicant's
personal character and business reputation.
(2)
A detailed description of the stand or other device
used in the operation of such itinerant vending.
(3)
A certificate of liability insurance naming the Village
of North Syracuse as an additional named insured in the minimum amounts
of $500,000 bodily injury and $100,000 property damage. Said certificate
shall be in the comprehensive general liability form and shall include
products and complete operations coverage.
(5)
A statement signed by the applicant to the effect
that he has read the provisions of this article, understands the same
and will abide by all of the provisions of said article.
A.
No permit shall be issued and any previously issued
permit shall be revoked at the will of the Village Clerk when it appears
that any of the following conditions has been violated or is not being
met:
(1)
The applicant is in violation of any Village, county,
state or federal rule, regulation or law.
(2)
The applicant has or is operating outside of the days
or times as specified on the face of such permit or is directly competing
with any nonprofit group, club or organization which has previously
obtained permission to operate from the Village Clerk.
(3)
The applicant is using a vending stand which is in
any way motorized.
(4)
The applicant's stand is nonmobile, remains in one
location for more than one hour, contains any open or exposed flames,
contains or is operated in conjunction with any bells, whistles or
other audible devices normally used to attract attention or does not
have a portable trash receptacle attached thereto.
(5)
If the applicant vends his goods within 200 feet of
any place occupied exclusively as a public or private school or for
school purposes or he permits his vehicle, cart or wagon to stand
on any public highway within said distance of such school property.
(6)
The applicant is operating other than between the
hours of 8:00 a.m. and sundown, is selling or vending anything other
than nonalcoholic beverages, food, ice cream and similar confections
or fails to publicly display on his stand the permit issued by the
Village Clerk.
B.
No applicant shall vend his goods or wares within
200 feet of any place occupied exclusively as a public or private
school or for school purposes, nor shall he permit his cart or wagon
to stand on any public highway within said distance of such school
property.
Any violation of this article shall be punishable
by a fine not exceeding $250 or imprisonment for a term of not more
than 15 days, or both. Each day of continued violation shall constitute
a separate offense.
Notwithstanding any provision of this article to the contrary, the Mayor shall have the authority but not the obligation to waive or vary any of the terms, conditions or provisions of § 169-2 of this article only in the event that the applicant above is a bona fide not-for-profit corporation, entity or organization.
