[HISTORY: Adopted by the Common Council of the City of Plattsburgh as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-8-1974 (Ch. 212, Art. II, of the 1989 Code)]
[Amended 11-20-1980; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permit; fee. It shall be unlawful for any person, partnership or corporation to sell or attempt to sell any commodity by means of vending such commodity upon any street or sidewalk in the City of Plattsburgh without first securing a permit and paying a fee as set from time to time by the Common Council by resolution.
Application. To secure a permit as set forth in Subsection A above, application shall first be made to the Common Council of the City of Plattsburgh, which application shall set forth the name and address of the vendor and commodity the vendor desires to sell and the hours of sale and shall be accompanied by satisfactory proof of obtaining and maintaining public liability insurance in the amount of $1,000,000 per occurrence ($2,000,000 aggregate) for personal injury or death and damage to property and, if the commodity to be sold is food or drink, by a policy in the amount of $1,000,000 per occurrence ($2,000,000 aggregate) for food products, and such policy or policies of insurance shall include the City of Plattsburgh, New York, as a named insured.
The following rules and regulations shall be complied with by all vendors to whom a permit is issued.
It shall be unlawful for any street or sidewalk vendor to sell or attempt to sell any commodity by means of any outcry, sound, speaker or amplifier or any other instrument or device, or to sell any such commodity within 500 feet of any church or other place of worship during hours that services are being held, or within 500 feet of any school during the school year.
It shall be unlawful in the case of sidewalk vendors to sell or attempt to sell any commodity in any part of the City of Plattsburgh other than the Central Business District, as defined by the Zoning Law of the City of Plattsburgh.
It shall be unlawful for any vendor to stop anywhere within 15 feet of an intersection when making a sale or attempting to make a sale; to sell to any person who is standing in the street; to permit any person to hang on the vehicle or permit to ride in or on the vehicle except bona fide assistants; in the case of street vendors, to remain standing or stopped at any lawful parking place for a period of time exceeding five minutes; and in the case of sidewalk vendors, to remain standing or stopped at any place for a period of time exceeding 1/2 hour.
Any person, firm or corporation violating any provision of this article shall be fined not less than $10 nor more than $250 or shall be imprisoned for a term not exceeding 15 days, or both, for each offense, and his permit may be suspended.
[Adopted 8-1-1985 (Ch. 212, Art. I, of the 1989 Code)]
As used in this article, the following terms shall have the meanings indicated:
- ESTABLISHED PLACE OF BUSINESS
- Includes a building or store in which or where a person transacts business and deals in the goods, wares and merchandise he hawks, peddles or solicits for.
- HAWKER and PEDDLER
- Any person, firm or corporation who either, as principal or agent, from any boat or car on a railroad track or any street or place or by going from house to house or place of business to place of business, on foot or on or from any animal or vehicle, sells or barters, offers for sale or barters or carriers or exposes for sale or barter any goods, wares or merchandise, except milk, newspapers and periodicals.
- Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies 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 place taking or offering to take orders for goods, wares and merchandise, except milk, newspapers and periodicals, or for services to be performed in the future or by making, manufacturing or repairing any article or thing whatsoever, for future delivery.
Nothing in this article shall be held to apply to any sales conducted pursuant to statute or by order of any court; to any person selling personal property at wholesale to dealers in such articles; to merchants having an established place of business within the City or their employees for soliciting orders from customers and delivering the same; to farmers and truck gardeners, who themselves or through their employees vend, sell or dispose of products of their own farms and gardens; to any honorably discharged veteran of the Armed Forces of the United States who is a resident of this state and a veteran of any war or who shall have served in the Armed Forces of the United States overseas or the spouse of such veteran if a resident of this state as provided by § 32 of the General Business Law of the State of New York; to berry pickers who sell berries of their own picking; to persons engaged in fishing in the waters adjacent to the City of Plattsburgh, when such fish is sold by the person catching the same; to the owner or lessee of any property within the City of Plattsburgh who conducts, on his or her property, flea markets, porch sales, garage sales or similar sales conducted in accordance with Chapter 360, Zoning, § 360-22C, of the City Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter shall not apply to sales of tangible commodities by local not-for-profit corporations or associations which have as their primary purpose, the promotion of charitable, educational and recreational activities or volunteers working for such corporations or associations within the City of Plattsburgh, New York. The Common Council may also grant exemptions for special events or occasions.
It shall be unlawful for any person, within the corporate limits of the City of Plattsburgh, to act as a hawker, peddler or solicitor as herein defined without first having obtained and paid for and having in force and effect a valid, current license therefor.
Any person desiring to procure a license as herein provided shall file with the City Clerk a written application prepared by the City Clerk and furnished by the City and shall file at the same time satisfactory proof of good character and satisfactory proof of compliance with the sales tax law of the State of New York. The 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 required, the registration or other identification of any vehicles to be used, the kind of goods, wares and merchandise the applicant desires to sell, or the kind of services the applicant desires to perform, the method of distribution, the name, address and age of the applicant, the name and address of the person, firm or corporation he represents and the length of time the applicant desires the license. 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 the license as a solicitor who demands, accepts or receives payment or deposit of any money in advance of final delivery, shall also be accompanied by a bond to the City of Plattsburgh approved as to form of surety by the Corporation Counsel in a penal sum of $500, with a sufficient surety or sureties or sufficient collateral security, conditioned for making a final delivery of the goods, wares and merchandise delivered or services to be performed in accordance with the terms of such order, or failing therein, that the advance payment on such order be refunded. Any person aggrieved by the action of any licensed solicitor shall have the right by 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 Plattsburgh for a period of 90 days after the expiration of any such license, unless sooner ordered released by the Mayor.
Editor's Note: See § 1101 et seq. of the Tax Law.
Upon the filing of the application, bond and certificate as provided in the preceding section, the City Clerk shall, after the Mayor's approval of such application, issue to the applicant a license as provided in § 254-6, signed by the City Clerk.
Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals and general welfare.
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.
Whenever a license shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu thereof under the original application and bond may be issued by the City Clerk upon the filing with the City Clerk by the licensee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery.
All licenses shall be issued on forms provided by the City Clerk, numbered in the order in which they are issued and shall state clearly the kind of vehicle to be used, the kind of goods, wares and merchandise to be sold or service to be rendered, the number of his license, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee. Such license shall automatically expire on January 1 following the date of issuance of such license, but such license may specifically state and provide for an earlier expiration date.
Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed.
No license shall be granted to a person under 18 years of age.
No applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for the rejection no longer exists.
Every licensee, while exercising his license, shall carry the license with him and shall exhibit the same upon demand.
The license shall be issued in triplicate. A duplicate copy thereof shall be furnished to the Chief of Police, and the third copy shall be retained by the City Clerk.
The license fee for a license to hawk, peddle or solicit on foot, or with a vehicle, shall be set from time to time by the Common Council by resolution.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any licensee using a horse and wagon or motor vehicle may employ two persons, and no more, to assist in selling and delivering the wares, but such persons shall so act only while accompanying a licensed peddler, hawker or solicitor.
The vehicle kept or used by a licensee in the exercise of his license shall be marked on both sides with the number corresponding to the number of his current license, and the words "Licensed Vendor" in plain letters and figures at least two inches in length and of such color as to be plainly read at a distance of at least 10 feet.
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 length 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 the current license.
Each licensee shall carry his valid, current license and exhibit the same to any police officer or customer or prospective customer on demand. Agents of a licensee shall carry a photographic duplicate of the licensee's current license and produce the same on demand by any police officer or prospective customer.
The Mayor may, at any time for a violation of this chapter or any other ordinance or any law, revoke any 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 by the Mayor upon the person named in the application or by mailing the same to the address given in the application, and upon filing a copy of such notice with the City Clerk.
A license hawker, peddler or solicitor 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 provisions or merchandise.
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 and, in so doing, must abide by any sanitary regulations of the Clinton County Health Department relative to the sale and display of foodstuffs.
Not blow a horn, ring a bell or use any other noisy device to attract public attention to his wares or shout or cry out his wares.
Not stand or permit the vehicle used by him to stand in one place in any public place or street for more than 10 minutes, or in front of any premises for any time if the owner of or lessee of the ground floor thereof objects.
Not sell any confectionery or ice cream within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
Not permit any vehicles used by him to stop or remain on any crosswalk.
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.
Not sell any produce, goods, wares or merchandise from any private property except property that is zoned B-1, B-2, C or I under the Zoning Ordinance of the City of Plattsburgh. This subsection does not amend the Zoning Ordinance of the City of Plattsburgh or eliminate the need for any permit or approval required under said Zoning Ordinance.
All orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery, shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time the deposit of money is paid to the Solicitor.
It shall be the duty of the City Clerk to keep a record of all applications and of all licenses granted under the provisions of this chapter, giving the number and date of each license, the name and residence of the person licensed, the amount of the license fee paid and also the date of revocation of all licenses revoked.
[Amended 10-5-1989 by L.L. No. 4-1989]
Any person who, himself or by his Clerk, agent or employee, shall act as a hawker, peddler or solicitor, as herein defined, without a license or shall violate any of the provisions of this chapter or who, having had his license revoked, shall continue to act as a hawker, peddler or solicitor shall, upon conviction, be punished by a fine of not more than $250 or be imprisoned for a term not exceeding 15 days, or both. Each day on which such violation continues shall constitute a separate offense.
Where a New York State or county departmental certificate is required for the sale of foodstuffs, or other commodities, the same shall be presented to and acknowledged by the Chief of Police before any sales are made thereof.
Nothing herein contained shall be deemed to apply so as unlawfully to interfere with interstate commerce.