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City of Oneonta, NY
Otsego County
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Table of Contents
Table of Contents
A. 
This article relating to transient merchants shall not apply to sales in a private residence and shall not apply to door-to-door sales.
B. 
Nothing in this article relating to transient merchants shall be held to apply to any activities sponsored by and held for the benefit of any bona fide fraternal, charitable or religious organization. The burden of entitlement to this exemption shall be upon the person making an application for a permit under this article.
If the place in which a business is conducted is rented or leased for a period of six months or less, such fact shall be presumptive evidence that the business carried on therein is a transient retail business.
It shall be unlawful for any person, corporation or other entity to conduct or operate or permit to be conducted or operated a transient retail business within the City of Oneonta without first obtaining a license to do so from the City Clerk.
No person, corporation or other entity shall conduct a transient retail business within the city until at least five business days shall have elapsed after the filing in the office of the City Clerk of an application verified by the person or persons who are to conduct such business containing the following information:
A. 
The full name and address of such persons.
B. 
If a corporation makes the application, the state under the laws of which said corporation is organized.
C. 
The exact location of the principal office and place of business of the applicant.
D. 
The names and addresses of the officers of the business entity making said application.
E. 
The nature and location of the business engaged in by the applicant during the five years immediately preceding the filing of such statement.
F. 
Satisfactory proof of and compliance with all New York State and Otsego County sales tax regulations.
G. 
The exact location within the City of Oneonta where such transient retail business is to be conducted.
H. 
The date or dates on which such persons, corporation or other entity intends to conduct business within the city.
The fee for a transient merchant's license shall be at a rate set by resolution from time to time by the Common Council of the City of Oneonta for each thirty-day period.
A. 
A licensed transient merchant shall:
(1) 
When required by the City Attorney, and subject to his approval, have in full force and effect a single limit liability insurance policy in the amount of $100,000 naming the City of Oneonta as additionally insured.
(2) 
Post a cash deposit or bond in the amount of $10,000 pursuant to the same requirements, terms and conditions as set forth in § 204-6 of this Part 1.
B. 
Any person aggrieved by the action of any licensed transient merchant shall have the right by action on the bond for the recovery of money or damages or both.
C. 
Any license issued hereunder shall be exhibited or displayed as specified in § 204-7D of this Part 1.