[HISTORY: Adopted by the Council of the City
of Schenectady 9-5-1972 by Ord.
No. 15864.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 131.
Garage sales — See Ch. 159.
Transient merchants — See Ch. 179.
Pawnbrokers — See Ch. 189.
Precious metals dealers — See Ch. 203.
Special sales — See Ch. 214.
Scrap processors and junk peddlers — See Ch. 216.
Secondhand dealers — See Ch. 217.
Door-to-door soliciting — See Ch. 224.
Ice cream truck vendors — See Ch. 251.
Weights and measures; trade practices — See Ch. 260.
[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repealed provisions of Ch. 17, Art.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.
This chapter shall be known and cited by the
following short title: "Regulating Vendors and Peddlers."
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.
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]
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.
[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.
[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.
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.
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.
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.
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.
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.
[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 Schenectady.
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.
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.
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.
