[HISTORY: Adopted by the Board of Trustees of the Village of Cooperstown 6-19-1995 by L.L. No. 3-1995; amended in its entirety 6-19-1995 by L.L. No. 5-1995. Subsequent amendments noted where applicable.]
Pursuant to Article IX of the New York State Constitution, home rule authority is granted to local municipalities.
Municipal Home Rule Law § 10, Subdivision 1(ii)a(12), authorizes adoption of local laws providing for regulation/licensing of occupations/businesses.
Pursuant to Municipal Home Rule Law Articles 2 and 3, municipalities may enact local laws which will regulate activities which take place on public streets, public parks and private property.
Municipalities, through police power, may regulate solicitation to protect public health, safety and welfare.
The objective of this chapter is to establish the conditions under which vending is permitted in the Village as well as the rules and regulations related to the permit process and its enforcement. The granting of a permit under these guidelines shall be considered a privilege and not a right. This chapter may be withdrawn/modified by the Village Board of Trustees at any time following established procedures for adoption of local laws, if deemed to be in the interest of the Village of Cooperstown.
Nonprofit service organizations, e.g., fire department, public school or organized church sponsored fairs, exhibitions or sales, including concessions of not more than three days' duration, conducted on private property, and provided that all revenues go to the benefit of such nonprofit organization. It will be the responsibility of such organization to obtain a permit from the Village Clerk and to control the operation of the event or concession. The use of public parks, public parking lots and public lawn areas by nonprofit organizations under conditions defined above for private property use may be granted by the Board of Trustees on a case-by-case basis following review by the designated Village committee with responsibility for the site, i.e., Parks Board, Building Committee, Parking Committee, etc.
Yard or garage sales of used personal/household goods conducted wholly on the owner's property and at least three feet from the property line for not more than three days per event and not exceeding three events per year. A permit is required from the Village Clerk for each event.
Renting of parking spaces on private property by the owner in residential zones during days approved by the Board of Trustees. No vehicle may be parked less than three feet from any property line. A permit is required from the Village Clerk.
Stands located on private property and used for the sale of food/drink by individuals under 16 years of age.
Vending conducted from booths, carts, tables, tents or other temporary structures in the Business District on either public streets or sidewalks during Village Board-defined community/special events that require the issuance of a special permit by the Village Clerk in accordance with procedures covered in § 277-3 of this chapter. Community events are Village-wide celebrations proclaimed by the Village Board of Trustees. A special event is an event sponsored by a nonprofit organization and approved by the Village Board. Open-air vending, from tables/booths/tents, on private property located in the Business/Commercial District is allowed on days which are approved by the Board of Trustees. This shall require the issuance of a permit by the Village Clerk in accordance with procedures covered in § 277-3.
Nonprofit organizations may go door to door, distribute literature, receive memberships, collect monies, and/or vend merchandise for the benefit of the organization or charitable cause with which it is concerned, subject to approval of the Village Board. Permits will be granted under this section for times not specified in other sections of this chapter on a case-by-case basis.
The exhibition/sale of agricultural or horticultural products.
Restaurants with open-air patio service.
Outdoor displays of merchandise.
[Amended 2007 by L.L. No. 2-2007; 7-16-2007 by L.L. No. 9-2007 ]
In order to preserve the character of the Village, outdoor displays of merchandise are allowed by permit only. Permits are issued by the Village Board of Trustees upon approval of a submitted application that is accompanied by payment of a twenty-five-dollar application fee. Permits shall be for one calendar year and subsequent one-year periods must be reapplied for at the expiration of the initial first year.
This section applies to merchants in the Business District who intend to display merchandise outside which is available for sale inside. Such merchandise on display is permitted only during hours of operation specific to each individual business and only on private property adjacent to the Village public sidewalks directly in front of the establishment. Merchants are required to submit a copy of a property survey with their initial permit request.
Merchants are required to provide complete details of their displays, including, but not limited to, all dimensions, location on the private property, and materials, as per the criteria outlined below.
Outdoor display of merchandise criteria. The Board of Trustees set the following criteria on keeping displays in line with the historical character of the Village and having any displays be in scale with the storefronts. Displays of merchandise must comply with the criteria below stated:
Racks for clothing shall be no more than 48 inches high and 72 inches long.
Only one rack permitted per merchant unless the scale of the store allows for more. This determination will be made by the Board of Trustees.
No signs to be displayed on the racks themselves. Only clothes themselves should be tagged so as to be unobtrusive.
Clothing displays other than on racks must be approved by the Board of Trustees.
Tables shall be no more than three feet by six feet by three feet.
Only one table permitted per merchant unless the scale of the store allows for more. This determination will be made by the Board of Trustees.
Merchants shall be limited to one clothing rack OR one table display, unless scale of store allows for more. This determination will be made by the Board of Trustees.
Items displayed at ground level may not come out beyond the facade of the store.
Only items displayed between the facade and entrance to the building and/or alcoves and existing porches do not require a survey or a permit. Awnings projecting from the facade do not constitute an alcove. "Facade" is defined as the face of a building.
This list is subject to review and change by the Board of Trustees at least once annually.
Note: Merchandise is defined as only those items that are sold to customers inside the business applying for the permit.
Any changes to an approved permit must be resubmitted to the Village for approval.
The Village Board of Trustees reserves the right to deny any application that it considers to be out of scale or out of character in the Village.
Violations of this chapter shall be punishable by a fine of $100 per day and revocation of any existing permit, and may result in denial of future permit applications.
Individual permits are issued to applicants who submit permit applications for a case which is covered under § 277-2 of this chapter and is stated to require a permit. A blanket permit is issued to a nonprofit sponsoring organization for vending during a Village Board-approved special event. Registration of all individual vendors will be handled by the sponsoring agency.
Vending locations on public property, exhibition space, and exhibition time will be established by the Village Board from recommendations of the Zoning Enforcement Officer and must meet public health, safety and welfare requirements. In all cases, a defined pedestrian walkway will be maintained. It will be the responsibility of the exhibitor to maintain this walkway through control of queues adjacent to each exhibit.
Individual permits are granted only to the applicants and are not transferable.
No vendor will be allowed to alter, deface or damage Village property by actions such as, but not limited to, placing nails into sidewalks/trees or hanging signs, banners or other items from trees, streetlights or public signs.
Temporary parking for vendors in the Business District will be allowed only for loading and unloading of displays/merchandise.
Separate permits are required for the selling of merchandise and food. Food permits require the additional submission of proof that Health Department clearances have been obtained. In either category (merchandise/food), only one permit will be issued to each applying individual, firm, corporation or affiliate for the use of public property.
A certificate of insurance naming the Village as an added insured and in an amount stipulated by the Village Board must be supplied to the Village Clerk at least 14 days before the event, if conducted on public property, by each applicant or by the sponsoring agency in the case of a blanket permit.
Applications for permits other than blanket permits must be filed at least 30 days before the period for which the permit is requested. Blanket permit applications must be submitted by the sponsoring agency at least 60 days before the special event. A sponsoring organization applying for a blanket permit for a defined special event will be responsible for screening applicants, assigning spaces (in areas established by the Zoning Enforcement Officer) and at least 14 days prior to the event will provide to the Village Clerk a list of vendors/nonprofit organizations and assigned spaces, as well as proof of liability insurance covering all participants. If the blanket permit covers the sale of food, applicable Health Department clearances must also be included.
Not later than 30 days after the filing of a completed application for a permit, the applicant will be notified in writing by the Village Clerk of the decision on the issuance or denial of the permit. Any applicant denied a vending permit may appeal this decision to the Village Board. The Village Board shall consider appeals for all applicants denied a permit by the Village Clerk and received in time to be acted upon at a Board meeting.
The issuance of a permit does not waive any Village rights with regard to parking and traffic regulations/enforcement of any other law, ordinance or regulation. The granting of a permit does not imply any endorsement of a vendor's product or endorsement of any nonprofit organization or its purposes.
Each applicant agrees, as a condition of the permit, that at the end of each day of the event a complete cleanup of the space on public property, including removal of tables/stands, will be accomplished. Any failure to do so will obligate the vendor to reimburse the Village for the full cost of cleanup.
The enforcement of all rules and regulations specified or implied in this chapter will be carried out by the Village Police and the Village Zoning Enforcement Officer.
Failure to obtain a vending permit, or failure to comply with the conditions of such permit, will subject the vendor to the following penalties:
All vending will cease immediately.
Revocation of any existing permit.
Either or all of the following may be imposed at the discretion of the court: fine up to $250, up to five days in jail.
Merchandise/exhibit materials will be confiscated and held until satisfactory court resolution of the case.
[Added 7-2-1996 by L.L. No. 2-1996; amended 4-20-1998 by L.L. No. 2-1998]
It shall be unlawful for any person to distribute or peddle handbills, pamphlets, tracts or other like materials except newspapers for commercial purposes on public rights-of-way, including streets and sidewalks, and on private property adjacent to such public rights-of-way. This provision shall not apply to distribution of commercial material from an information booth or designated tourist information guide as established by the Board of Trustees.
It shall be unlawful to call out or verbally entreat or to use bells, horns or other sound-producing devices for the purpose of seeking to attract persons for commercial purposes on public rights-of-way, including streets and sidewalks, and on private property adjacent to such public rights-of-way.
It shall be unlawful to distribute or peddle handbills, pamphlets, tracts or other like material except newspapers for commercial purposes or to offer for sale goods, wares, merchandise, services or other commodities by going from house to house within the Village of Cooperstown without acquiring a permit therefor from the Village of Cooperstown Board of Trustees. The Board may establish guidelines and require payment of a permit fee as a condition of issuing such permit and may by regulation establish a schedule of such fees according to the nature and extent of the activity contemplated. The foregoing provision shall not apply to the holder of a permit granted pursuant to Article 4 of the General Business Law nor to the sale of community event tickets at the face value of the tickets.
It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting before the hour of 9:00 a.m. of any day or after 1/2 hour before sunset of any day, except upon the invitation of the householder or occupant.
It shall be unlawful for any peddler or solicitor in plying his trade to ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No Peddlers," "No Solicitors," "No Agents," or other wording the purpose of which is to prohibit peddling or soliciting on the premises.
Commercial information may be displayed in the information booth/kiosk which has been authorized by the Board of Trustees in the following manner:
Upon obtaining permission of the sponsoring organization sponsoring/managing the information booth/kiosk; or
Upon obtaining a permit from the Board of Trustees. The Board may require payment of a permit fee and compliance with other guidelines as a condition of issuing such permit and may by regulation establish a schedule of such fees and guidelines.