Town of Clarence, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarence 8-7-1974 by L.L. No. 1-1974.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 229.
[1]
Editor's Note: The long title of this local law is as follows: "A local law providing for the protection of the health, safety and welfare of persons in the Town of Clarence by the regulation and licensing of vending machines located outdoors to promote the health, safety, morals and general welfare of the community, to prevent interference with vehicular and pedestrian traffic and to protect against the depreciation of property values caused by the indiscriminate location of vending machines."
[Amended 7-22-1992 by L.L. No. 1-1992]
As used in this chapter, the following terms shall have the meanings indicated:
VENDING MACHINE
A machine or self-service device offered for public use which, upon the insertion of a coin, coins or token or by other means, dispenses any service or units of any product or goods, food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation.
A. 
It shall be unlawful for any person, firm, corporation, business or organization to install, maintain, locate, service or operate or permit to be installed, maintained, located, serviced or operated outdoors in the Town of Clarence any vending machine or self-service device offered for public use which, upon insertion of a coin, coins or token or by other means, dispenses any service or units of any product or goods, food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation, without first having obtained a license from the Town Clerk for that purpose and having paid the license fee or fees hereinafter provided.
B. 
For the purpose of this chapter, the word "outdoors" shall be construed to mean any place in the Town of Clarence other than within a building or structure for which a building permit has been or could be issued pursuant to Chapter 229, Zoning. A vending machine which permits or requires a person to enter inside the machine for the purpose of performing any kind of loading, packaging, sorting or display service therein shall not be licensed under this chapter but shall be subject to Chapter 229, Zoning, if such machine is to be located outdoors.
Application for a license shall be made, in writing, to the Zoning Enforcement Officer by the owner, tenant or lessee of premises where it is proposed to locate such machine or machines. The application for a license shall provide the following information:
A. 
The applicant's full name, residence and post office address and whether the applicant is an individual, firm or corporation. If a partnership, the names and addresses of the partners shall be included.
B. 
A map or survey showing the exact location of the machine or machines.
C. 
The service, product or goods to be dispensed.
D. 
A description of the machine or machines, including size, manner of operation and the connections, if any, to electric, water, gas or other services.
E. 
The name and address of the person, firm or corporation responsible for the maintenance, repair and servicing of the machine or machines.
F. 
Approval of the New York Board of Fire Underwriters if the machine or machines are connected to an electrical source.
G. 
Approval of the Town of Clarence Water Department if the machine or machines are connected to a public water source.
H. 
The signature of the applicant or applicants.
[Amended 11-12-1986 by L.L. No. 5-1986]
A license fee of twenty-five dollars ($25.) shall be submitted with the application and shall be for no more than a one-year period expiring the next succeeding December 31 and shall be paid for each such machine.
No premises occupied by a single tenant or subtenant shall be permitted more than a total of five hundred (500) cubic feet of outdoor vending machine space.
A license to install, maintain or operate a vending machine outdoors in the Town of Clarence may be approved by the Zoning Enforcement Officer if:
A. 
The application is complete and in order.
B. 
The proper fee or fees have been submitted.
C. 
The proposed location of the machine or machines is not within any district zoned residential under Chapter 229, Zoning.
D. 
The proposed location of the machine or machines is adjacent to or abuts a building or structure which conforms to the zoning requirements of the Town of Clarence[1] and no part of such machine or machines extends more than four (4) feet from the adjacent or abutting building or structure.
[1]
Editor's Note: See Ch. 229, Zoning.
E. 
The proposed location of the machine or machines does not present any hazard or inconvenience to pedestrian or vehicular traffic and, if the machine extends into any pedestrian or vehicular trafficway, that it is adequately lighted and marked at night.
Upon approval of the application by the Zoning Enforcement Officer, the Town Clerk shall issue a license to the applicant bearing the notation, "Town of Clarence Vending Machine License, Calendar Year ...... ." A separate license shall be required for each vending machine licensed.
[Amended 7-22-1992 by L.L. No. 1-1992]
A violation of this chapter shall constitute an offense, and a person guilty of such offense shall be punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment.