[HISTORY: Adopted by the Common Council of
the City of Hudson 10-21-2008 by L.L. No. 7-2008. Amendments noted where
applicable.]
GENERAL REFERENCES
Distribution of advertising matter — See Ch. 58.
Auctioneers and auctions — See Ch. 74.
Lewd and offensive behavior — See Ch. 188.
Loitering — See Ch. 192.
Mass gatherings — See Ch. 199.
Transient merchants — See Ch. 203.
Noise — See Ch. 210.
Peddling and soliciting — See Ch. 217.
Yard and garage sales — See Ch. 318.
It is found and declared that:
A.
The preliminary purpose of the public streets, sidewalks
and other public ways is for use by vehicular and pedestrian traffic.
B.
Vending on such public ways promotes the public interest
by contributing to an active and attractive pedestrian environment.
C.
Persons engaged in the business of vending should
be required to be licensed and to furnish such information as necessary
to effectively carry out the purposes of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Any nonedible commodity, excepting used goods.
Indicates any individual, society, club, firm, partnership,
corporation or association of people.
All areas legally open to public use, such as public streets,
sidewalks, roadways, highways, alleys and parks, as well as areas
surrounding and immediately adjacent to public buildings.
Any food, fruit or other edible commodity or beverage.
Any newsstand, table, bench, booth, pushcart or any other
fixture or device which is not required to be licensed and registered
by the Department of Motor Vehicles and is used for display, storage
or transportation of articles offered for sale by the vendor.
The act of selling or offering for sale refreshments or merchandise
on the public streets, sidewalks or other public ways in the City
of Hudson, from a stand, motor vehicle or from the person.
Any person engaged in the selling or offering for sale of
refreshments or merchandise on the public streets, sidewalks or places
within the City of Hudson, from a stand, motor vehicle or from the
person, This definition does not include a door-to-door peddler or
solicitor.
[Amended 4-15-2014 by L.L. No. 4-2014]
The following types of licenses shall be available from the
Common Council:
A.
The application for a vending license shall contain
at a minimum the following:
(1)
Name and description of the applicant.
(2)
Address of the applicant (local and legal).
(3)
Name of the firm or company where the applicant is
employed.
(4)
Address of the firm or company where the applicant
is employed.
(5)
Description of any motor vehicle to be used, along
with the license number.
(6)
Brief description of the nature of the business and
the kind of goods or property to be sold.
(7)
Date and length of time the applicant desires the
license.
(8)
Date and place of conviction of any offense other
than a traffic infraction.
B.
The City Clerk may require a letter of authorization
from the firm or company which the applicant purports to represent.
C.
Each person vending for the same firm or company may
be required to file a separate application.
D.
The City Clerk may complete a background check on
the applicant and the employer prior to issuance of a license or require
sufficient information to complete such check after issuance of a
license, including two recent photographs (within six months), a copy
of a driver's license or other satisfactory photo government identification,
and the right thumbprint affixed to the application.
E.
No vendor shall sell a product within 100 feet of
a store selling the same or a substantially similar product.
A vendor engaged in the sale of food or beverages
shall also apply to the County Department of Health for any required
health permits and shall prominently display this permit.
A.
All vendors are prohibited from vending in a manner
that interferes with pedestrian or vehicular traffic or other legitimate
business in the City of Hudson.
B.
No vendor shall, directly or indirectly, cause or
permit the public streets, sidewalks or places to be littered with
papers, wrappings or other debris or refuse where the littering results
from the conduct of his business.
C.
No vendor shall vend between 9:00 p.m. and 9:00 a.m.
of the following day, unless otherwise specified.
D.
Persons licensed pursuant to the provisions of § 32
of the General Business Law of the State of New York shall be prohibited
from vending within the City of Hudson unless they have obtained a
license in accordance with the provisions of this chapter. No fee
shall be charged of individuals licensed pursuant to General Business
Law § 32.
E.
Any person vending refreshments or merchandise from
a motor vehicle that is attractive to and popular with children, which
invites or causes children to gather or collect about the motor vehicle,
is required to take those precautions necessary to protect the children
from being struck by motor vehicles.
F.
No vendor shall use or operate any loudspeaker, public
address system, radio, sound amplifier or similar device to attract
the attention of the public.
G.
No vendor shall vend within 250 feet of the grounds
of any elementary or secondary school between 1/2 hour prior to the
start of the school day and 1/2 hour after dismissal at the end of
the school day.
H.
All stands used for vending must be removed from public
property during the nonoperating hours unless the Mayor, at the request
of the vendor, gives permission for the vendor stand to remain in
a specified location.
I.
All vendors must prominently display the license issued
by the City of Hudson.
J.
Vending shall take place only in nonresidential zones
of the City.
K.
The license may limit the amount of space to be occupied
by the vendor.
The City Clerk shall issue event organizer's
licenses. Such licenses shall contain the following conditions:
A.
A license shall be issued as either a twenty-four-hour
license or a three-day license. The date and duration of the event
shall be specified in the application to the City Clerk.
[Amended 7-21-2015 by L.L. No. 2-2015]
B.
The license shall designate a location where the event
will be held.
C.
Vendors at the event shall comply with all applicable
provisions of this chapter and all regulations and pay all fees required
by the person coordinating the event. Vendors shall not be required
to obtain a separate vendor's license from the City.
D.
The holder of the license shall be responsible to
ensure that all vendors operating under his or her license are in
compliance with all applicable regulations.
E.
No vendor shall operate in the event area unless authorized
by the license holder.
F.
All vendors dispensing food shall be required to possess
and display the appropriate Health Department license.
The following vendors are exempt from the fee requirements of § 307-3A in this chapter, but must comply with all conditions contained herein.
No license shall be issued to any applicant
if the business sought to be licensed does not comply with all applicable
federal, state and local laws, ordinances and regulations. If the
application is rejected, the City Clerk shall notify the applicant,
in writing, giving the reasons for the rejection.
All licenses shall be displayed in a conspicuous
place at all times during the operation of the vending business.
A license may not be transferred or assigned
or its location changed without prior approval of the City Clerk.
If the City Clerk approves the transfer, assignment or location change,
this action shall be endorsed upon the license by the City Clerk.
A.
A license may be suspended or revoked by the City
Clerk only after notice, in writing, and an opportunity to be heard
is given to the vendor.
B.
Written notice of intent to suspend or revoke shall
be given by registered or certified mail, to the address set forth
on the application.
C.
The City Clerk shall suspend or revoke the license
of any vendor found to have violated or to have permitted a violation
of any provision of this chapter or any other ordinance, rule or regulation
or state or federal law pertaining to the operation of his business.
D.
Upon a determination that a license should be suspended
or revoked, the City Clerk shall notify the vendor, in writing, setting
forth reasons for such suspension or revocation,
E.
If the licensee has one or more employees, the revocation
hereunder shall apply to the licensee and all employees if either
he or any one or more of his employees are determined to be in violation
of this chapter.
If the City Clerk denies the issuance of a license
or permit, suspends or revokes a license or permit, or orders the
cessation of any part of the business operation conducted under the
license or permit, the aggrieved party may appeal the City Clerk's
decision to the Mayor.
Any person who conducts a business without a
license required by this chapter or who conducts or attempts to conduct
a business during the period when his license is suspended or revoked
or who violates any of the terms or provisions of this chapter or
who shall continue to act as a vendor subsequent to the revocation
of his license shall be guilty of a violation and shall be subject
to a fine of $250 for each day on which the violations occur.
