City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Schenectady 9-5-1972 by Ord. No. 15864.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Transient merchants — See Ch. 179.
Pawnbrokers — See Ch. 189.
Precious metals dealers — See Ch. 203.
Secondhand dealers — See Ch. 217.
Charitable solicitation — See Ch. 224.
Vending vehicles — See Ch. 251.
[1]:
Editor's Note: This ordinance also specifically repealed provisions of Ch. 17, Art. I, of the former Revised Ordinances, adopted 2-9-1970 by Ord. No. 15274.

§ 194-1 Short title.

This chapter shall be known and cited by the following short title: "Regulating Vendors and Peddlers."

§ 194-2 Permit and license required.

It shall be unlawful for any person to peddle or solicit the sale of any and all kinds of commodities, foods, goods, wares and merchandise, either edible or inedible, within the corporate limits of the City without first obtaining a permit and license in compliance with the provisions of this chapter.

§ 194-3 Application procedures.

A. 
Applicants for a permit and license under this chapter must file with the Office of Consumer Protection a sworn application in writing, on a form to be furnished by the Office of Consumer Protection. Applicants must also file the name and address of the person, firm or corporation he or she represents and provide a sample of any order form or receipt which will be used as a transaction of sales or service and the kind of goods to be sold thereunder, as well as the license number and other identifying description of any vehicle used in such soliciting or peddling. If a corporation, the name and address of a person upon whom a legal notice may be served. Three current photos of each applicant must be provided with the application.
B. 
Individuals applying for a license (or the renewal thereof) to operate a motor vehicle vending unit on City streets for the purpose of random direct sales must provide the Office of Consumer Protection with a current (within 60 days) driver(s) abstract from their respective insurance company. The driving record of any applicant shall be a factor in the approval or disapproval of any license under this chapter.
[Added 6-15-1998 by Ord. No. 98-17]

§ 194-4 Investigations; issuance of licenses and permits.

A. 
Upon receipt of such application, the Office of Consumer Protection may, in its discretion, request the Chief of Police to investigate the applicant's business and moral character for the protection of the public good.
B. 
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall so advise the Office of Consumer Protection, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.
C. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall so advise the Office of Consumer Protection. The Office of Consumer Protection shall, upon receipt of the prescribed fee, issue the appropriate license. Such license shall contain the name, address and photograph of the licensee, the date of issuance and the length of time the same shall be operative and any other information deemed appropriate.

§ 194-5 Fees.

[Amended 1-5-1981 by Ord. No. 80-165; 3-11-1985 by Ord. No. 85-21; 3-18-1991 by Ord. No. 91-11; 1-13-2003 by Ord. No. 2003-1]
The license fee which shall be charged shall be $125 per annum, $100 for six months or $75 for three months or portion thereof.

§ 194-6 Fee exemption for senior citizens.

[Added 3-30-1981 by Ord. No. 81-25; amended 3-11-1985 by Ord. No. 85-21]
No fee shall be charged for the issuance of such license if the applicant is 65 years of age or older.

§ 194-7 Records.

The Office of Consumer Protection shall maintain a permanent record of all applications and licenses under this chapter for a minimum period of five years.

§ 194-8 Vendor seals.

Each person to whom a license is issued shall receive two vendor seals from the Office of Consumer Protection. Vendor seals shall be affixed to the vehicle used by the licensee in a manner satisfactory to the City Sealer of the Office of Consumer Protection.

§ 194-9 Nontransferability.

No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued.

§ 194-10 Proof of license.

Peddlers or vendors must exhibit their licenses to the respondent or any citizen or consumer as an attestment to his being duly licensed by the City of Schenectady before he solicits sale of his commodities, foods, goods, wares, merchandise or any article of sale.

§ 194-11 Enforcement authority.

It shall be the duty of any police officer of the City to require any person seen peddling or vending to produce his license and to enforce the provisions of this chapter against any person found to be violating same.

§ 194-12 Use of streets.

[Amended 5-15-1980 by Ord. No. 80-127; 8-14-2006 by Ord. No. 2006-10]
A. 
Peddlers who request for exclusive right to any location on the public streets or sidewalks may be permitted a stationary location upon applying to the City Clerk for a permit. The exclusive right for a stationary location will be for a period of eight hours or less per day, not to exceed 90 days. Failure to strictly adhere to these limitations will result in immediate revocation of a permit. Commodities shall be limited to food and cut flowers. The exclusive or nonexclusive right for a stationary location will be determined, administered and assigned by the City Clerk. The location will only be assigned upon review and approval by the Police Traffic Division. Such applicant must furnish a certificate of satisfactory liability insurance naming the City of Schenectady as coinsured and pay a fee of $100 for the issuance of such permit. The proper use of such permit by the peddler shall be supervised by the Police Department. No such permit shall be granted for any location in the City within 250 feet of any existing business primarily engaged in the preparation and serving of food. Use of generators shall be prohibited within 250 feet of any existing residential or business use. Any permit issued pursuant to this section may be revoked upon a showing of demonstrated negative impact upon any property located within 250 feet of the permitted location.
B. 
No peddler shall throw or deposit or permit to be thrown or deposited any litter resulting from his peddling operation on any of the streets, sidewalks of other public places of the City of Schenentady.
C. 
No peddler or vendor shall seek admission or entrance to any residential premise on business before 10:00 a.m. or after 7:00 p.m.

§ 194-13 Revocation of licenses.

Permits and licenses issued under the provisions of this chapter may be revoked by the Office of Consumer Protection of the City of Schenectady for any of the following reasons:
A. 
Fraud, misrepresentation or false statement contained in the application for a license.
B. 
Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler.
C. 
Any violation of this chapter.
D. 
Conviction of any crime or misdemeanor involving moral turpitude.
E. 
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
F. 
Misrepresenting the license as an endorsement of the commodities, foods, goods, wares, merchandise or any article of sale by the City of Schenectady.

§ 194-14 Duration and term of license.

All annual licenses issued under the provisions of this chapter shall expire on the 31st day of December in the year when issued. Other than annual licenses shall expire on the date specified in the license.