[HISTORY: Adopted by the Board of Trustees
of the Village of Cooperstown 6-19-1995 by L.L. No. 3-1995; amended in its entirety 8-22-2022 by L.L. No. 4-2022. Subsequent amendments noted where applicable.]
A.
Pursuant to Article IX of the New York State Constitution, home rule authority is granted to local municipalities.
B.
Municipal Home Rule Law § 10, Subdivision 1(ii)a(12), authorizes
adoption of local laws for the government, protection, order, conduct,
safety, health and well-being of persons or property, including, but
not limited to, local laws to regulate or license occupations or businesses
that engage in vending and related activities.
C.
Municipal Home Rule Law Articles 2 and 3 authorize adoption of local
laws to regulate activities that take place on streets, public parks,
and private property.
The purpose of this chapter is to regulate vending in order
to:
As used in this chapter, the following terms shall have the
meanings indicated:
A building's vertical surfaces, including all permanent
architectural details.
A business operated on a long-term basis from a building.
Vending occurring apart from a special vending event.
Thirty consecutive days or more.
The commodities or goods that are bought and sold or leased
in business.
Any conveyance, including, but not limited to, cars, trucks,
trailers, and RVs, that is required to be registered by the Department
of Motor Vehicles of any state or foreign country.
An area devoted to outdoor, off-street, motor vehicle storage
owned by or leased to the Village of Cooperstown.
An exterior space accessory to a restaurant, cafe, tavern,
or retail food establishment that provides tables and chairs or similar
equipment for outdoor table service or self-service dining.
All municipally owned property, including parks, parking
lots, areas surrounding public buildings, and property within the
street right-of-way, including any roadways and sidewalks, which is
legally open to public use.
Intangibles offered for sale, including, but not limited
to, accounting, cleaning, beauty treatments, tutoring, touring, exercise
programs, or transportation.
All that area legally open to public use for pedestrian traffic,
whether publicly or privately owned, between the curbline and the
facade of the adjoining building.
Any occasion approved by the Village of Cooperstown Board
of Trustees for which provisions are in place for vending on Village
streets, sidewalks, and municipal parking lots.
For the purposes of this chapter, all that area legally open
to public use for vehicular passage and parking.
Miscellaneous objects not directly related to vending or
an outdoor eating area that are placed in the right-of-way, including,
but not limited to, benches, trash receptacles, pet stations, flower
boxes and plant containers, lampposts and flagpoles, and other decorative
items.
A freestanding, temporary enclosure that is supported by
poles and serves the purpose of sheltering people or merchandise by
providing a covering of canvas, nylon, vinyl, or a similar material;
the sides of a tent may be open or closed.
The act of displaying or offering merchandise or services
for sale or lease on public property; vending may involve a vending
stand or stationary vending conveyance.
Any public or privately owned vehicle, whether or not mounted
on wheels, which provides a means of transporting vending merchandise
but remains stationary during vending, including, but not limited
to, a bicycle, motor vehicle, nonmotorized vehicle, handcart, pushcart,
or lunch wagon.
A specific site assigned by the Village Clerk upon which
a vending stand or conveyance may be situated and/or vending may take
place.
Any freestanding, nonmobile case, table, rack, tent, or other
device that is used for the purpose of displaying, exhibiting, storing,
sheltering, selling, or offering for sale or lease any vending merchandise
upon a sidewalk or other public space.
A person engaged in vending.
A.
Vending may be permitted in:
(1)
Village-owned parks within the Village, excluding Council Rock Park;
(2)
Village-owned parks outside of the Village, subject to the regulations
in the jurisdiction in which the park is located;
(3)
Public space adjoining public buildings;
(4)
Public space adjoining municipal parking lots;
(5)
Public space adjoining Doubleday Field, excluding designated parking
areas.
B.
The Village of Cooperstown Board of Trustees, at duly noticed and
convened meetings, reviews applications for general vending and may
issue permits for the same.
C.
Vending restrictions. Vending conveyances and vending stands shall:
(1)
Not block access to any pedestrian crosswalk, loading zone, bus loading
zone, or parking space or access ramp designated for persons with
disability.
(2)
Maintain at all times at least a five-foot-wide public passageway
on all sidewalks, which is unobstructed by vending stands, conveyances,
merchandise, and customer lines.
(3)
Not block the view of traffic signals or regulatory signs.
(4)
Not operate within 10 feet of any street intersection, driveway,
or fire hydrant.
(5)
Not restrict or interfere with the use of adjacent properties.
(6)
Not operate within three feet of a fixed-location business's
building entrance or on the sidewalk within three feet in front of
a fixed-location business's display window(s) unless the business
owner has granted written permission.
(7)
Not obstruct adequate access to emergency and sanitation vehicles.
D.
Design standards.
(1)
Vending conveyances and vending stands shall be clean, of sound construction,
and orderly in appearance.
(2)
A vending conveyance or stand shall not be attached to Village property
or to private property without the owner's permission.
(3)
A vending conveyance, when fully loaded with vending merchandise,
shall be easily moved and maintained under control by the vendor or
law enforcement personnel or first responders.
(4)
Supplies, stored vending merchandise, and equipment associated with
vending shall be screened from public view.
(5)
Merchandise shall not be displayed on street furniture, umbrellas,
awnings, or building facades.
(6)
Signage is limited to 40 square feet and shall not project outside
the space occupied by the vending conveyance or vending stand.
(7)
All signage must be securely fixed, but no sign or sign hanger shall
be attached to any tree, shrub, utility pole, guywire, street sign,
or street furniture.
(8)
Street furniture, tents, table skirts, and umbrellas shall not include
any advertising for any vending merchandise, product, service, vendor,
or brand that is not sold, leased, or offered by the vendor.
E.
Operation and service requirements.
(1)
Vendors may engage in vending only between the hours of 8:00 a.m.
and 10:00 p.m.
(2)
Vending shall not create a nuisance, increase traffic congestion
or delay, or constitute a hazard to life or property.
(3)
Vending shall not cause any damage to Village property, including
paved surfaces.
(4)
Venders shall not obstruct motor vehicle traffic.
(5)
Vending conveyances and vending stands shall be attended at all times.
(7)
Vendors shall keep the area within and adjacent to their vending
location clean and free of refuse of any kind. The vendor is responsible
for collecting and removing vending-related trash and debris. All
trash or debris accumulating within five feet of any vending location
shall be collected and removed by the vendor.
(8)
Persons engaged in food vending shall provide at their vending conveyance
or vending stand a receptacle for trash that shall be maintained and
emptied regularly.
(9)
No vending conveyance shall be located in any public space during
nonvending hours except for a motor vehicle parked in a lawful parking
place.
(10)
Seating or standing spaces on public property may not be sold
or leased by a nonmunicipal entity.
A.
In establishing a special vending event, the Village of Cooperstown
Board of Trustees may, with a permit, allow for the renting of spaces
for off-street parking on private property by property owners.
B.
No vehicle may be parked less than three feet from a public sidewalk.
C.
Permit holders may place on their property no more than one two-sided
sign, not greater than six square feet in area per side to advertise
parking.
A.
A permit is required for a fixed-location business in the Business
District or the Commercial District to display merchandise outdoors
on private property.
B.
Outdoor display of merchandise is limited to private property adjacent
to a Village public street or sidewalk directly in front of the fixed-location
business.
C.
Merchandise may not be displayed in driveways that provide access
to parking or access for emergency vehicles or personnel to the side
or rear of a building.
D.
Merchandise display is permitted only during the fixed-location business's
normal business hours.
E.
Signage associated with outdoor display of merchandise on private property is subject to Village Code Chapter 227, Signs.
F.
A fixed-location business shall not be required to have a permit
for merchandise displayed between the facade and entrance to the building,
including alcoves and existing porches. Awnings projecting from the
facade do not constitute an alcove or a porch.
A.
Prohibited activities.
(1)
It shall be unlawful to hawk, or to call out or verbally entreat
or to use bells, horns, or other sound-producing devices, for the
purpose of seeking to attract persons for commercial purposes on public
rights-of-way, including streets and sidewalks, and on private property
adjacent to such public rights-of-way.
(2)
It shall be unlawful for any person to peddle handbills, pamphlets,
tracts, or other like materials for commercial purposes on public
rights-of-way, including streets and sidewalks, and on private property
adjacent to such public rights-of-way.
B.
Permitted activities.
(1)
A Village permit is required to solicit house-to-house within the
Village of Cooperstown for any commercial purpose, including, but
not limited to, soliciting the purchase, sale, or lease of merchandise
or services.
(a)
It shall be unlawful for any person to enter upon private property
for any commercial solicitation before the hour of 9:00 a.m. of any
day or after 1/2 hour before sunset of any day, except upon the invitation
of the householder or occupant.
(b)
It shall be unlawful for any solicitor in plying his trade to
ring the bell or knock upon or enter any building whereon there is
painted or otherwise affixed or displayed to public view any sign
containing any or all of the following words: "No Peddlers," "No Solicitors,"
"No Agents," or other wording the purpose of which is to prohibit
peddling or soliciting on the premises.
A.
It shall be unlawful for any person to engage in the business of
the above enumerated activities unless they have first obtained a
permit from the Village Clerk, except in cases when the Village of
Cooperstown Board of Trustees specifically waives the permit requirement.
No provision of this chapter shall be applied so as to impose any
undue burden on either interstate commerce or any activity of the
state or federal government.
B.
Permit applications under this law shall be submitted to the Village
Clerk. Permit applications for general vending must be received five
days before the fourth Monday of the month for consideration by the
Village of Cooperstown Board of Trustees. All other applications must
be submitted seven days' prior to vending, display of merchandise,
parking, or soliciting for processing by the Village Clerk.
C.
Fees for permits shall be as specified by the Village of Cooperstown
Board of Trustees. In the event there is a request to use Village-provided
electricity in public locations, or other Village services such as
Village trash and recycling receptacles, a separate fee established
by the Village of Cooperstown Board of Trustees will be required to
be paid in advance.
D.
The application for a permit shall contain, at minimum, the following:
(1)
The applicant's full name, address, telephone number, and email
address, accompanied by a valid government-issued proof of identity.
(2)
The dates for which the permit is sought and indication of whether
that period includes any designated special vending events is applicable.
(3)
A brief description of the nature and character of merchandise and/or
services to be offered for sale or lease.
(4)
A photograph, sketch, brochure, or other graphic rendering of the
proposed vending stand or conveyance if applicable.
(5)
The location sought and if within three feet of the entrance to a
fixed-location business or on the sidewalk within three feet in front
of a fixed-location business's display window(s), written permission
from the business owner for vending.
(6)
Any requests for Village services, including electricity, trash removal,
etc.
(7)
If a motor vehicle is to be used, a description of the vehicle, together
with the motor vehicle registration number, state of registration,
and license number.
(8)
If for the sale of food or beverages, a Health Department permit
indicating compliance with all applicable regulations.
(9)
If Village property is to be used, a hold harmless agreement and
a certificate of insurance naming the Village of Cooperstown as an
additional insured in an amount as stipulated by the Village of Cooperstown
Board of Trustees.
(10)
A permit application for outdoor display of merchandise on private
property shall include a copy of a survey of the property.
E.
The Village of Cooperstown Board of Trustees may consider an application
for a blanket permit to include multiple vendors made by a sponsoring
organization during a special vending event. The sponsoring organization
must provide a list of vendors under the permit to the Village Clerk
seven days' prior to the event. The sponsoring organization is
responsible for providing a certificate of insurance naming the Village
of Cooperstown as additional insured at the established limits. It
is also responsible for obtaining signed hold harmless agreements
from its vendors to be provided to the Village and any other required
certificates, including, but not limited to, a Health Department certificate
in the event of food sales.
F.
The applicant shall be notified, in writing, by the Village Clerk
of the decision to issue a permit or deny the vending application.
G.
Any permit issued by the Village of Cooperstown Board of Trustees
or Village Clerk shall be carried with the permit holder whenever
he or she is engaged in vending and shall be presented upon request
from a law enforcement officer or Village official. Certificates of
health inspection shall also be properly and conspicuously displayed
at all times during operation of the business.
H.
All permits issued hereunder shall be nontransferable.
This section shall not apply to:
A.
Persons conducting business activities that are exempt under New
York State law.
B.
The holder of a permit granted pursuant to Article 4 of the General
Business Law.
C.
The distribution of newspapers.
D.
Yard or garage sales of used personal/household goods conducted wholly
on the owner's property and at least three feet from the property
line for not more than three days per event and not exceeding three
events per year.
E.
Vending stands located on private property and used for the sale
of food/drink solely by individuals under 18 years of age.
F.
The door-to-door solicitation by individuals under 18 years of age
to support educational, civic, sports, or other nonprofit organizations.
G.
Exhibition/sale of agricultural or horticultural products.
H.
The placement against a building facade of privately owned street
furniture available for use by the public, provided it does not impede
upon a five-foot-wide unobstructed pedestrian passageway, is maintained
by its owner, and is removed between November 1 and April 1. Street
furniture for seating is limited to two benches per frontage per business
establishment. A certificate of insurance naming the Village as an
additional insured is required if benches or other street furniture
are located on public property.
I.
Restaurants with an outdoor eating area located entirely on private property or approved under Chapter 178 of the Village Code.
J.
Fairs, exhibitions, or sales, including concessions, sponsored by
nonprofit service organizations, including, but not limited to, the
Fire Department, public schools, and religious organizations, of not
more than three days' duration, conducted on private property.
K.
Commercial information displayed by the Cooperstown Area Chamber
of Commerce at the information booth/kiosk in Pioneer Park.
L.
Walking tours that use Village parks, sidewalks, and/or rights-of-way
to convey architectural, historical, and/or folkloristic information
about the Village of Cooperstown, provided they do not inhibit vehicular
or pedestrian traffic.
A.
Officers and employees of the Police Department shall have the power
to enforce all laws, rules and regulations relating to vending and
related activities. This provision shall in no way restrict any other
power granted by law to an officer or employee of any other agency.
B.
Upon a finding that an applicant has violated any provision of this
chapter, an officer or employee of the Police Department shall deliver
written notice to the applicant to correct such violation. Upon failure
to correct said violation within four hours of the verifiable delivery
of such notice to the vendor or the address provided on the application,
the Village Clerk may revoke the applicant's permit to vend,
upon which revocation the permit fee shall be forfeited, and the vendor
shall cease vending and vacate the vending location immediately.
C.
In addition to the revocation of the vending permit and forfeiture
of the permit fee, the vendor shall be subject to not exceeding $250
for each violation. Each day of violation shall be deemed a separate
offense.
D.
Applicants who violate provisions of this chapter or local zoning
or outdoor eating area laws shall be prohibited from applying for
a vending permit for a period of 13 months from the date of the violation.
No part of this chapter or the chapter itself shall be construed
to be an amplification or derogation of the rights or responsibilities
of property owners. Any remedies, rights, obligations, or penalties
provided to such property owners or their successors in interest hereunder
shall be in addition to the remedies, rights, obligations, or penalties
provided under the laws of the State of New York.
