[HISTORY: Adopted by the Common Council of
the City of Norwich 8-28-1956 (Ch. 48 of the 1967 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Include specified areas in the City of Norwich which allow
mobile food vendors for an extended duration between the hours of
8:00 a.m. through 11:00 p.m. without the need to move. The designated
area shall be the size of two parking spaces.
[Added 8-13-1991 by Ord. No. 2-1991;
amended 9-14-2010 by Ord. No. 3-2010]
Includes a building or store in which or where the person
transacts business and deals in the goods, wares or merchandise he
hawks, peddles or solicits for during regular hours of business daily.
Includes any person, either principal or agent, who in any
public street or public place, or by going from house to house or
from place of business to place of business, on foot or on or from
any vehicle, sells or barters, offers for sale or barter, or carries
or exposes for sale or barter any goods, wares or merchandise and
periodicals.
[Amended 5-18-1999 by Ord. No. 3-1999; 9-14-2010 by Ord. No.
3-2010]
Includes the term "not-for-profit;" a corporation or an association
that conducts business for the benefit of the general public without
shareholders and without a profit motive.
[Added 2-19-2019 by Ord.
No. 1-2019]
Includes one or more persons of either sex, natural persons,
firms and corporations, and all other entities of any kind capable
of being sued.
Includes any person who goes from place to place or house
to house or who stands in any street or public place taking or offering
to take orders for goods, wares or merchandise or for services to
be performed in the future, or for making, manufacturing or repairing
any article or thing whatsoever for future delivery.
[Amended 5-18-1999 by Ord. No. 3-1999]
An event of specific, limited duration at which the sponsoring
organization will have vendors.
[Added 9-14-2010 by Ord. No. 3-2010]
Granted by the Common Council upon written request of an
organization sponsoring an event at which it will have vendors.
[Added 9-14-2010 by Ord. No. 3-2010]
[Amended 10-19-2010 by L.L. No. 2-2010]
It shall be unlawful for any person, except as provided in § 383-12 below, within the corporate limits of the City of Norwich, to act as a vendor, hawker, peddler or solicitor as herein defined without first having obtained and paid for, and having in force and effect, a license therefor.
[Amended 10-9-1956; 5-18-1999 by Ord. No. 3-1999]
Any person desiring to procure a license, as herein provided, shall file with the Director of Finance of the City of Norwich, New York, a written application upon a blank form provided by the Director of Finance and furnished by the City, and shall file at the same time satisfactory proof of good character. Such application shall give the number and kind of vehicles to be used by the applicant in carrying on the business for which the license is desired, the kind of goods, wares and merchandise he desires to sell or the kind of service he desires to perform, the method of distribution, the name, permanent and Norwich addresses and age of the applicant, the name and address of the person, firm or corporation he represents, the length of time the applicant desires a license and such other information as may be required by the Director of Finance. Such application shall be accompanied by a certificate from the Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved. An application for a license as a solicitor who demands, accepts or receives a payment or deposit of money in advance of final delivery shall also be accompanied by a bond to the City of Norwich, New York, approved as to form and surety by the City Attorney in the penal sum of $500 with sufficient surety or sureties of sufficient collateral security conditioned for making a final delivery of the goods, wares or merchandise ordered or services to be performed in accordance with the terms of such order, or failing herein that the advance payment of such order be refunded. Any person aggrieved by the action of any licensed solicitors shall have right of action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect, and in case of a cash deposit, such deposit shall be retained by the City of Norwich for a period of 90 days after the expiration of any license, unless sooner released by the Director of Finance. The requirement for a certificate of weights and measures and bond shall apply to those claiming any one of the exemptions under § 383-11.
[Amended 10-9-1956]
A.
Upon the filing of the application as provided in § 383-3, the Director of Finance shall, upon approval of said application by the Chief of Police, issue to the applicant a license as provided in § 383-2 hereof. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morale or the general welfare, or failure to produce other documents which the Common Council may require such as insurance certificates, sales tax information, etc.
[Amended 8-13-1991 by Ord. No. 2-1991; 5-18-1999 by Ord. No.
3-1999]
B.
A license shall not be assignable. Any holder of such
license who permits it to be used by any other person, and any person
who uses such license granted to any other person, shall each be guilty
of a violation of this chapter. All licenses issued shall list the
following information: license number; kind of goods, wares or merchandise
to be sold, or service to be rendered; the dates of issuance and expiration
of the license; the fee paid; and the name of the licensee. Every
licensee, while exercising his license, shall carry the license with
him or her and shall exhibit the same upon demand.[1]
[Amended 9-14-2010 by Ord. No. 3-2010]
[1]
Editor's Note: Original § 48-4C,
regarding seasonal licenses, which immediately followed this subsection,
added 8-13-1991 by Ord. No. 2-1991, was repealed 5-18-1999 by Ord.
No. 3-1999.
[Amended 10-9-1956; 8-13-1991 by Ord. No. 2-1991; 6-16-1998 by Ord. No.
2-1998; 5-18-1999 by Ord. No. 3-1999; 9-22-2009 by L.L. No.
2-2009]
The following fees shall be paid for the license
hereinabove required:
A.
Where a vehicle or vehicles is or are to be used by
the applicant, the fees shall be:
(1)
Designated area annual fee: as set by the Common Council;
allows for the lease of one of the six designated spaces in the City
where goods and services may be sold from a mobile unit without having
to fulfill the requirement of movement every 10 minutes.
(a)
All four of the downtown spaces are available
for annual lease. Permits are nontransferable. Limit one designated
space per vendor. The annual permit may be renewed by the same vendor.
To assure renewal of the same space the vendor must renew by the last
day of February of the licensing year.
[Amended 9-14-2010 by Ord. No. 3-2010]
(2)
Designated area seasonal fee: as set by the Common
Council; allows for the length of six months from the date of permit
or December 31, whichever comes first.
[Amended 9-20-2016 by Ord. No. 1-2016]
(3)
Standard (all others): fee as set by the Common Council;
allows for a calendar year permit allowing a vendor to sell throughout
the City of Norwich under the standard conditions, including moving
every 10 minutes.
(4)
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 or solicitor and, when any additional persons are so employed, an additional license shall be required for each such additional person and the fee fixed in Subsection A(3) shall be paid therefor.
B.
Where no vehicle is used by the applicant, the fee
shall be:
(1)
Standard: as set by the Common Council; allows for
a calendar-year permit allowing the vendor to sell throughout the
City of Norwich.
C.
Special events: as set by the Common Council; allows
for a vendor to set up for a special event designated by the Common
Council. A permit is required, whether the vendor is on public or
private property, and is required in addition to any other permit
issued under this chapter. Any vendor setting up in the area designated
by the Common Council as the special event area is required to obtain
a permit. There is no requirement to move every 10 minutes with this
permit.
D.
Nonprofit fundraising permit: as set by the Common Council. Allows
for a nonprofit vendor to set up as designated by the Common Council.
A permit is required, whether the vendor is on public or private property,
and is required in addition to any other permit issued under this
chapter. Any vendor setting up in the area designated by the Common
Council as a nonprofit fundraiser is required to obtain a permit.
There is no requirement to move every 10 minutes with this permit.
[Added 2-19-2019 by Ord.
No. 1-2019]
[Amended 9-14-2010 by Ord. No. 3-2010]
A.
An organization requesting special event designation must submit
written request for such designation to the Common Council at least
two months prior to the event.
B.
Application for permit.
(1)
An organization granted special event designation must apply to the
City for a special event permit. The organization must provide the
City with the following information for each vendor or company selling
at the special event:
(2)
Name of vendor/company.
(3)
Names of owner and all employees.
(4)
Address of vendor/company.
(5)
Address of owner, if different than that of vendor/company.
(6)
Dates of birth of owner and all employees.
(7)
Driver's license numbers for owner and all employees.
(8)
Make, model and license plate number of vehicle used for selling,
if any.
(9)
Certifications, if applicable, for New York State sales tax, Chenango
County food permit, weights and measures.
(10)
All requirements must be met before a special event permit will
be issued.
C.
The license fees shall be as set by the Common Council on the fee
schedule and as amended from time to time by resolution of the Common
Council.
D.
Annual
permit holders are exempted from the special events permit requirement
as long as they occupy the designated space specified by their annual
permit.
[Added 11-16-2010 by Ord. No. 5-2010]
Every vehicle used by a licensed hawker, peddler
or solicitor 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
where such vehicle is in use during the continuance of the license.
[Added 9-14-2010 by Ord. No. 3-2010[1]]
The Code Enforcement Officer of the City of Norwich or a designee
is hereby authorized to enforce the provisions of this chapter.
[Amended 9-14-2010 by Ord. No. 3-2010]
The Director of Finance may, at any time, for
a violation of this chapter or any other ordinance 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. Notice of such revocation
and the reason or reasons therefor, in writing, shall be served upon
the person named in the application by delivering the same to him
or her 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 24 hours after mailing if served
by mail. 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.
A hawker, peddler, vendor or solicitor shall:
[Amended 8-13-1991 by Ord. No. 2-1991; 9-22-2009 by L.L. No. 2-2009; 9-14-2010 by Ord. No. 3-2010]
(1)
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 provisions or merchandise.
(2)
Keep the vehicles and receptacles used by him or her
in a clean and sanitary condition and the foodstuffs and edibles offered
for sale well covered and protected from dirt, dust and insects.
(4)
Not stand or permit the vehicle used by him or her
to stand in one place in any street or public place for more than
10 minutes unless the vehicle has a permit for a designated area or
special event.
(5)
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.
(6)
Not use any weighing or measuring device unless the
same shall have been examined and sealed by the City Sealer of Weights
and Measures.
A written statement of all orders taken by licensed
solicitors 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 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.
[Amended 10-9-1956]
A.
Nothing in this chapter shall apply to sales conducted pursuant to statute or by order by any court, or to any persons selling personal property at wholesale to dealers in such articles. The licensing provisions of this chapter shall not apply to merchants having an established place of business within the City or their employees; to farmers and truck gardeners who themselves or through their employees vend, sell or dispose of the products of their own farms or gardens; to honorably discharged members of the Armed Forces of the United States properly exercising a license issued pursuant to the General Business Law, or to berry pickers who sell berries of their own picking; but all such persons shall observe the provisions of §§ 383-7 and 383-9 hereof, and shall provide the certificate of weights and measures and bond mentioned in § 383-3.
B.
This chapter also shall not apply so as unlawfully to interfere with interstate commerce, and to that end all persons claiming to be engaged in interstate commerce or claiming any of the exemptions hereinabove set forth shall apply to the Director of Finance for a certificate of compliance, using the form of application described in § 383-3. The applicant shall also submit to the Director of Finance satisfactory evidence that he is engaged in interstate commerce. When the applicant shall have established, to the satisfaction of the Director of Finance, that he is engaged in interstate commerce, or is entitled to one or more of the above exemptions, the Director of Finance shall issue to him or her without charge, a certificate of compliance, stating, among other things, that such person has complied with the requirements of this section and has satisfactorily established that he is engaged in interstate commerce. Such certificate shall be carried with the person exercising it and shall be exhibited upon demand. Each such certificate shall be invalid after one year from its date of issue. The securing of any such certificate by fraud or misrepresentation by any person not in fact engaged in interstate commerce or entitled to one or more exemptions shall constitute a violation of this chapter.
[Amended 9-14-2010 by Ord. No. 3-2010]
[Amended 6-16-1998 by Ord. No. 2-1998; 5-18-1999 by Ord. No.
3-1999; 9-22-2009 by L.L. No. 2-2009]
Failure to comply with the provisions of this
chapter shall constitute a violation subject to a fine of not more
than $250 or imprisonment for not more than 15 days, or both, and
each day's violation shall constitute a separate offense.
[Added 2-19-2019 by Ord.
No. 1-2019]
A.
An organization requesting nonprofit designation must submit a license application as provided in § 383-3. Nonprofit fundraising shall be limited to a singular nonprofit vendor or a singular nonprofit sponsored vendor for the purposes of fundraising on behalf of the nonprofit.
B.
A nonprofit
organization is limited to no more than four permits per calendar
year.
C.
Application
for permit.
(1)
The
nonprofit organization must provide the City with the following information.
(a)
Name of vendor/company.
(b)
Names of owner and all employees/volunteers who will be present.
(c)
Address of vendor/company.
(d)
Address of owner, if different than that of vendor/company.
(e)
Dates of birth of owner and all employees/volunteers who will be
present.
(f)
Make, model and license plate number of vehicles used for selling,
if any.
(g)
Certifications, if applicable, for New York State sales tax, Chenango
County food permit, weights and measures.
(h)
Proof of nonprofit status must be submitted.
(2)
All
requirements must be met before nonprofit fundraising permit will
be issued.
D.
The license
fees shall be as set by the Common Council on the fee schedule and
as amended from time to time by resolution of the Common Council.
E.
Shall
be exempt from moving every 10 minutes. The location of fundraising
must be fully contained on the nonprofit's property or in an area
designated by the Common Council.
F.
No more
than one nonprofit permit per park per day within the City limits
will be issued.
G.
Nonprofit
fundraising permit holders are not exempt from the special event permit
within a special event designated area and must obtain a permit from
the organization holding the special event.
H.
Special
event permits will take precedence over nonprofit fundraising permits.
