All partnerships are allowed under this article.
In the case of a partnership, it will be the identified partnership
which will be the licensed entity, not the individuals comprising
the partnership. If all partners have in their possession a Veteran's
Exemption Certificate issued by the Otsego County Clerk's Office,
the partnership will be exempted from the appropriate license fees;
otherwise, all appropriate license fees must be paid as identified
in this article.
A.
Number limited. Any person using a vehicle may employ under the same license not more than one person to assist in selling and delivering, but such person shall so act only when accompanying a licensed hawker, peddler, food vendor, solicitor or transient merchant, and, when any additional persons are so employed, an additional license shall be required for each such additional person, and the fee fixed in § 204-8 or 204-13, whichever is applicable, shall be paid therefor.
B.
Identification card required. The one employee mentioned in Subsection A above who acts with a licensee shall at all times carry and on demand display a card of identification issued by the City Clerk, which card shall contain the following information: the name of the employee, the name of the employer and the date of expiration of the employer's license. Such identification cards shall be valid until the expiration of the license under which they are issued.
C.
Statement required. Each such employee shall file
with the City Clerk a statement including his name, age, permanent
and city address and the name and address of his employer. He shall
pay to the City Clerk a fee that shall be established by resolution
from time to time by the Common Council of the City of Oneonta.
A.
License identification. The vehicle kept or used by
a licensee in exercise of his license shall be marked on both sides
with the number corresponding to the number of his license, and the
words "Licensed Vendor" in plain letters and figures at least two
inches in height and of such color as to be plainly read at a distance
of at least 10 feet.
B.
Name and address of licensee. Every vehicle used by
a licensee in or about his business shall have the name of the licensee
and his address plainly, distinctly and legibly painted in letters
and figures at least two inches in height in a conspicuous place on
the outside of each side of every such vehicle, and such name and
address shall be kept so painted plainly and distinctly at all times
while such vehicle is in use during the continuance of this license.
A.
Violation, commitment of. The City Clerk may at any
time, for a violation of this article or any other provision of this
Code or any law, revoke the license. When a license shall be revoked,
no refund of any unearned portion of the license fee shall be made.
B.
Notice. Notice of such revocation and the reason or
reasons therefor, in writing, shall be served upon the person, corporation
or entity named in the application by delivering the same to him personally
or by mailing the same to the address given in the application; such
revocation shall be immediately effective if served personally and
shall become effective 48 hours after mailing if served by mail.
C.
Fraud or misrepresentation in obtaining license. Licenses
obtained by fraud or misrepresentation of any material fact shall
be wholly invalid and shall be surrendered upon demand; no refund
of the license fee shall be made.
A written statement of all orders taken by licensed
solicitors or transient merchants who demand, accept or receive payment
or deposit of money in advance of final delivery, setting forth the
terms thereof, the amount paid in advance, the name of the solicitor
or transient merchant and the name of the person or firm he represents
shall be given to the purchaser at the time the money is paid to or
deposited with the solicitor.
A.
Hours of operation.
(1)
A hawker, peddler, solicitor or transient merchant
shall not operate his business between the hours of 8:00 p.m. and
9:00 a.m. daily.
[Amended 9-17-2013 by Ord. No. 2-2013]
B.
Area of operation. A hawker, peddler, food vendor,
solicitor or transient merchant shall not operate any vehicle with
a vehicle weight in excess of 1,000 pounds or any vehicle which requires
a New York State Department of Motor Vehicles registration upon any
Main Street sidewalk, street or public place between the boundaries
of James F. Lettis Highway and Market Street, including the intersections
of said streets and all intersections which fall between said streets.
No food vendor shall operate within 25 feet of an entrance to an open
place of business that primarily sells food for immediate consumption.
Furthermore, the Oneonta Police Department may, at its discretion,
instruct vendors to relocate from Water Street, or from any other
authorized area of operation, to an alternative location if, based
on the Police Department's reasonable opinion, there is a significant
risk to public safety.
[Amended 12-4-2012 by Ord. No. 4-2012]
C.
Unlawful sales. A hawker, peddler, solicitor or transient
merchant shall not falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale or offer for
sale any unwholesome, tainted or diseased portion or merchandise.
D.
Sanitary conditions. A hawker, peddler, solicitor
or transient merchant shall keep the vehicles and receptacles used
by him in a clean and sanitary condition and the foodstuffs and edibles
offered for sale well covered and protected from dirt, dust and insects.
E.
Noises. A hawker, peddler, solicitor or transient
merchant shall not blow a horn, ring a bell or use any other noisy
device to attract public attention to his wares, or shout or cry his
wares.
F.
Use of vehicles.
(1)
A hawker, peddler, food vendor, solicitor or transient
merchant shall not stand or permit the vehicle used by him to stand
in one place in any street or public place for more than one hour.
At the conclusion of that hour, said hawker, peddler, food vendor,
solicitor or transient merchant must move a minimum of 500 feet.
G.
Obstructions. A hawker, peddler, solicitor or transient
merchant shall not create or maintain any booth or stand or place
any barrels, boxes, crates or other obstructions upon any street or
public place for the purpose of selling or exposing for sale any goods,
wares or merchandise.
H.
Trash removal. A hawker, peddler, food vendor, solicitor
or transient merchant shall provide a trash receptacle and be responsible
for the removal of such trash at his own expense. He shall additionally
be responsible for "policing" the area 50 feet in all directions from
his place of business, either at the close of daily business or each
time he moves to a new location.
I.
School premises. A hawker, peddler, solicitor or transient
merchant shall not sell or offer for sale any product on the public
highway within one street block of any school building in the city
between the hours of 8:00 a.m. and 5:00 p.m.
J.
Appealing to sympathies. No peddler, solicitor or
transient merchant shall, in order to effectuate or assist in any
sale or solicitation, represent that he is engaged in any contest
or in any way attempt to induce a sale or solicitation by appealing
to the sympathies of the person so solicited.
K.
Notice forbidding soliciting. No peddler, solicitor
or transient merchant shall generally canvass or solicit on any private
property or in any private or semipublic building without the consent
of the owner or lessee thereof when a notice forbidding such general
canvassing or soliciting has been conspicuously posted thereon.