[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 3-20-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Handbills and posters — See Ch. 132.
Newsracks — See Ch. 145.
Noise — See Ch. 148.
Pawnbrokers — See Ch. 159.
Vehicles and traffic — See Ch. 225.
[1]
Editor's Note: This ordinance also superseded former Ch. 165,
Peddling and Vending, adopted 1-21-1992, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
The City Clerk of the City of Saratoga Springs.
Any agricultural, horticultural, forest, or other product
of the soil or water, including but not limited to craft brews, farm
or micro produced wines or hard ciders, fruits, vegetables, eggs,
dairy products, meat and meat products, poultry and poultry products,
fish and fish products, grain and grain products, honey, nuts, preserves,
maple sap products, apple cider, fruit juice, wine, ornamental or
vegetable plants, nursery products, flowers, firewood and Christmas
trees.
Any building, structure or place, the property of a municipal
corporation or under lease to or in possession of a public or private
agency, individual or business used or intended to be used by two
or more producers for the direct sale of a diversity of farm and food
products (defined above), from producers to consumers and food buyers.
A registered motor vehicle designed to be mobile, portable
and not permanently attached to the ground from which food (either
prepackaged or prepared on site) is sold or given away.
Vendors allowed in residential neighborhoods that are given
permission to utilize a specific route approved by the City, but that
may not stop or idle for more than 15 minutes at any time, that sell
ice cream and other frozen confections. All noise ordinances and traffic
and parking laws must be followed.
A license issued pursuant to this chapter.
Any person holding a license.
Any person under the age of 18.
Includes individuals, corporations, partnerships, associations,
and all other legal entities, whether acting as principal or agent.
Any privately owned or leased property.
Any person or persons who grow, produce, or cause to be grown
or produced any farm or food products in New York State.
Any agency of federal, state or local government, regional
market authority, public benefit corporation, not-for-profit corporation,
cooperative corporation or educational institution.
All publicly owned and/or managed land that includes, but
shall not be limited to, streets, sidewalks, parking, outdoor passive
and active recreation areas (whether paved or unpaved), and bike paths.
Any food, fruit, or other edible commodity or soft drink
or carbonated beverage or water that is bottled.
Any festival, parade, race, fundraiser, or other event taking place on public property and that is open to the public governed by Chapter 199A.
Any person engaged in the selling or offering for sale of,
or engaged in purchasing or offering to purchase for commercial purposes,
refreshments or merchandise, in a public place or private site.
Nothing in this chapter shall apply to any of the following:
A.Â
Sales conducted pursuant to any statute or by order of any court.
B.Â
Any person selling merchandise at wholesale to dealers in such articles.
C.Â
Any person selling his or her own personal property at a garage sale
held at his or her private residence, provided that no such garage
sale may be conducted for more than four days in a month.
D.Â
Persons who sell newspapers or horse racing information.
A.Â
Limited racetrack exemption for minors.
(1)Â
There shall be an exemption for minors who sell bottled water
and/or writing instruments during the Saratoga Thoroughbred Racing
Meet in the following areas adjacent to the Saratoga Race Track in
the green space between the NYRA fence and the sidewalk:
(a)Â
The east side of Frank Sullivan Place for a distance of 550
feet south of its intersection with Lincoln Avenue.
(b)Â
The north side of Lincoln Avenue for a distance of 250 feet
west of its intersection with Frank Sullivan Place.
(c)Â
The east side of Nelson Avenue between Wright Street and Gridley
Street, with the exception of 50 feet from the intersection of Nelson
Avenue and Wright Street, where no vending will be allowed.
(2)Â
A minor shall occupy no more than nine square feet of area,
and shall not in any event obstruct the orderly passage of pedestrians
or vehicles across streets and sidewalks.
(3)Â
A minor shall sell only between the hours of 7:00 a.m. and 7:00
p.m. each day.
(4)Â
A minor shall remove all merchandise and equipment each day
upon leaving.
(5)Â
No minor shall be granted exclusive occupancy of any particular
location within the permitted area. If minors cannot cooperate in
establishing locations each day, the Commissioner of Public Safety,
or his or her designee, shall have authority to establish a fair and
equitable procedure for the assignment of locations.
(6)Â
The parent or guardian of each minor shall register by filing
an application with the Department of Accounts, and shall include
a signed statement indicating:
(a)Â
That the minor has the parent or guardian's permission
to engage in vending pursuant to this exemption.
(b)Â
The parent or guardian shall provide proof of age.
(c)Â
That the parent or guardian intends to relieve the City from
liability for all injuries and claims of any kind arising out of the
vending activity.
(d)Â
That the parent or guardian shall hold the City harmless from
all causes of action arising out of the vending activity.
(e)Â
That the parent or guardian assumes responsibility for the minor's
vending activity and shall, if the minor is under 14 years of age,
accompany the minor at all times during the vending activity.
(f)Â
That, if the minor is at least 14 years of age, the minor holds
appropriate working papers in accordance with state law. A copy of
the working papers shall be submitted with the application.
(7)Â
All duly registered individuals shall be issued an identification
badge generated by the City, which shall be worn at all times during
the vending activity.
B.Â
Limited exemption for charitable organizations.
(1)Â
There shall be an exemption for persons operating a sale on behalf of any charitable organization or not-for-profit corporation, as that term is defined in the Not-For-Profit Corporation Law, except that such persons shall be required to obtain a vendor license, at no cost, and shall be subject to all the restrictions set forth in City Code Chapter 199A.
C.Â
Limited exemption for special events.
(1)Â
There shall be an exemption for persons whose vending activity is described in a special event license issued under City Code Chapter 199A, except that any such person shall:
(b)Â
Comply with any and all additional restrictions as may be imposed
by the City to reasonably provide for public health and safety.
(c)Â
Provide the required insurance and an executed application as
required.
(d)Â
If selling food, provide proof of certification required by
the New York State Department of Health.
Every vendor herein defined shall obtain a license pursuant
to this chapter; however, any person under the employ of a license
holder shall not require a separate license.
A.Â
Application.
(1)Â
Every person who wishes to obtain a license under this chapter shall
make application to the Commissioner of Accounts on forms provided
by the Commissioner. Each application shall state:
(a)Â
The name, address and phone number of the applicant.
(b)Â
If the applicant is an agent, the name, address, and phone number
of the person, firm, corporation or legal entity that he or she represents,
and the names, addresses and phone numbers of all vendors participating
in the application.
(c)Â
A detailed description of the goods, wares or merchandise that
the applicant will sell or trade in, along with a description of any
vehicles or devices to be used by the applicant.
(d)Â
A detailed map of the area or areas within the City where the
applicant proposes to conduct his or her activities.
(e)Â
The hours of the day that the applicant proposes to conduct
business as described within the application.
(f)Â
Any other information as may be required by the City to properly
and adequately review the application.
(g)Â
A copy of a New York sales tax certificate.
(h)Â
A New York State Department of Health Department certificate:
Please note that any vendor who will be selling or distributing food
must go through the Saratoga County Health Department.
(i)Â
A description of the mobile vending unit, including the unit's
dimensions (length and width), and a copy of the vehicle registration.
A photographic image of the unit is optional.
(j)Â
A written waste disposal plan for all trash, water, grease,
and other materials. City staff will review the description, and modifications
may be required before a license will be issued.
(k)Â
Proof of 501(c)(3) designation, if applicable.
(l)Â
Copy of the Fire Department license for solid, liquid, or gas-fired
cooking/heating appliances, if applicable.
(2)Â
The Department of Accounts shall refer the application to the Department
of Public Works, Office of Risk and Safety, the Department of Public
Safety and the Design Review Commission for review, evaluation and
approvals. Approvals may include any modifications and/or restrictions
in the interest of public health, safety and welfare.
(3)Â
Applications for licenses under this chapter may be made at any time
and shall be valid until December 31 of that year, unless a shorter
period of validity shall be specified on the license by the Commissioner
of Accounts.
(4)Â
The Commissioner of Accounts shall have authority to refer any application
to the Saratoga Springs Police Department for the making of such investigation
of the applicant as the Department deems necessary for the protection
of the public good. The Saratoga Springs Police Department shall inform
the Accounts Department of any information that would legally prohibit
the Commissioner of Accounts from approving such application.
(5)Â
Each application shall be accompanied by two recent photographs of
the applicant, or, if the applicant is not an individual, two photographs
of the person who will be conducting the vending activities. In any
case where more than one person will be conducting the vending activities,
two photographs of each person must be submitted. All photographs
must be of passport size and requirements.
(6)Â
Insurance:
(a)Â
The applicant shall maintain at all times a commercial general
liability insurance policy in the amount of at least $1,000,000 per
occurrence and $2,000,000 annual aggregate, including personal injury;
commercial automobile insurance with a combined single limit of $1,000,000
and New York State statutory workers' compensation and employer's
liability and disability insurance or waiver of same from the New
York State Workers' Compensation Bureau is required per New York
State law. Failure to secure compensation for the benefit of, and
keep insured during the life of this agreement, employees required
in compliance with the provisions of Workers' Compensation Law
shall make this agreement void and of no effect.
(b)Â
The insurance company issuing the policy shall be licensed and
admitted to do business in New York State.
(c)Â
The policy shall designate, by manufacturer, year, make, model
and vehicle or serial identification number, all commercial vehicles
for which coverage is granted.
(d)Â
The policy shall insure the person named in the policy and any
other person using any equipment and/or vehicle with the express or
implied permission of the named insured against any liability arising
out of the ownership, maintenance or use of the applicant's activities
in New York.
(e)Â
The policies shall name the City as an additional insured on
a primary and noncontributory basis.
A.Â
Upon the completion of the foregoing requirements to the satisfaction
of the Department of Public Works, Office of Risk and Safety, the
Department of Public Safety and the Design Review Commission, the
Commissioner of Accounts shall issue the applicant a license. Except
as hereinafter provided, no license shall be refused except for a
stated reason as to why the application is not satisfactory.
B.Â
The Commissioner of Accounts, in accordance with the laws of the
City, may impose conditions upon the use of any license, including
but not limited to the times of day, days of the week, and geographical
limits within which the licensee may perform the activities permitted
by the license.
C.Â
A license shall not be assignable. Any holder of a license who permits
it to be used by any other person and any person who uses a license
granted to any other person shall each be guilty of a violation of
this chapter.
D.Â
Whenever a license shall be lost or destroyed on the part of the
licensee or his or her agent or employee, a duplicate license, subject
to all the terms and conditions of the original, may be issued by
the Commissioner of Accounts upon the filing by the licensee of an
affidavit setting forth the circumstances of the loss.
E.Â
Each license shall be assigned a number and shall indicate the licensee's
name and address, the date of issue, the expiration date, the goods,
wares or merchandise to be sold or traded in, the amount of the fee
paid, and the vehicles or other devices used by the licensee.
F.Â
No license shall be issued to a person under 18 years of age, except
that a license holder shall be permitted to employ persons under 18
years of age.
G.Â
No licensee who has had his or her license revoked shall make another
application until a period of at least 12 months shall have elapsed
since the revocation, unless he or she can demonstrate to the satisfaction
of the Commissioner of Accounts good cause for the earlier submittal
of an application.
A.Â
License fees shall be established on an annual basis by resolution of the City Council, with the exception of veterans licensed by the County of Saratoga and/or New York State under Article 4 of the General Business Law.
B.Â
A person 65 years of age or older may make application to waive the
fee for any license required by this chapter, and the Commissioner
of Accounts shall grant such waiver upon the applicant's submitting
satisfactory proof of age. Such waiver shall be rescinded if at any
time the applicant shall cease to be the sole person engaged in the
licensed activity.
A licensed vendor shall:
A.Â
Not falsely or fraudulently misrepresent any article or articles
offered for sale or offer for sale any unwholesome, tainted or contaminated
merchandise.
B.Â
Permit the City Code Enforcement Administrator to inspect any equipment
used or foods offered for sale at any time.
C.Â
Horns and bells.
(1)Â
Not blow a horn, ring a bell or use any other noisemaking device
to attract public attention, except when required to do so by the
New York State Vehicle and Traffic Law, or by other applicable law.
(2)Â
For purposes of this subsection, noise made by such a licensee shall
not be continuous and uninterrupted, nor shall it be of a type that
a reasonable person, under the circumstances, would not tolerate.
D.Â
Not position himself or herself nor place any object in such a manner
so as to obstruct any street, sidewalk or public place and shall keep
the area within 10 feet of his or her vending operation clean and
free from debris.
E.Â
Comply with any requirements or regulations promulgated by the City.
It shall be the responsibility of the licensee to obtain information
about any such standards from City's website or obtain a paper
copy upon request from the City Clerk's office.
F.Â
Display his or her photo license prominently at all times while engaging
in the licensed activity.
G.Â
Not sell anywhere in the T-6 Downtown Business District, except as
may be allowed under the terms of this chapter and/or a special event
permit.
H.Â
Not supply any outdoor seating associated with the vending activity.
It shall be the duty of the Commissioner of Accounts to keep
a record of all applications and all licenses granted under the provisions
of this chapter, giving the number and date of each license, the name
and address of the licensee, the amount of the license fee paid and
also the date of revocation of all licenses revoked.
Nothing in this chapter shall be construed as granting the Commissioner
of Accounts any power to confer rights upon license holders to do
or perform any activity in contravention of any duly adopted zoning
regulations or ordinances in effect in the City of Saratoga Springs.
The purpose of this policy is to establish a uniform City policy
for the purpose of vending fresh, prepared and prepackaged food products
to the general public. Retail or service-based vending will not be
covered under this policy. The regulations in this section shall be
in addition to and not in limitation of other regulations in this
chapter.
A.Â
Types of outdoor food vending permitted.
(1)Â
Licenses may be issued for outdoor food vending only in the following
circumstances:
(b)Â
Outdoor food vending in connection with a special event permit issued under Chapter 199A of the City Code.
(c)Â
Outdoor food vending in a privately owned parking lot or other private property pursuant to § 165-9C.
(d)Â
Outdoor food vending of ice cream and other frozen confectionary products pursuant to § 165-9D.
(e)Â
Outdoor food vending at specified locations established by resolution
of the City Council and specified on a list of approved vending locations.
B.Â
Farmers markets. Farmers markets are defined and governed by the
New York State Department of Agriculture and Markets (NYSDAM) and
shall be permitted to sell farm and farm-produced foods as defined
within this chapter. The participants of farmers markets operating
within the corporate boundaries of the City shall abide by and prominently
display as required by law the following New York State Agency requirements
in addition to the licensing requirements previously stipulated herein.
The aforementioned regulatory list is subject to regulatory changes
and is not meant to be all-inclusive:
(1)Â
Fresh produce: No permits, licenses or certificates are required
per New York State regulation if the produce is raw, cut and unprocessed.
(2)Â
New York State Tax Department: A valid New York State sales tax certificate
is required to be prominently displayed at each farmers market booth.
(3)Â
New York State Department of Health:
(a)Â
Food service permits are required if the majority of the products
sold are a food service item that is made for immediate consumption.
(b)Â
All processed foods sold must be from an approved source that
is produced under a New York State Department of Agriculture and Markets
20-C license or New York State DOH permit.
(c)Â
Individual vending licenses shall be required if the New York
State DOH requires a food service permit. Food demonstrations that
include hot prepared foods shall require a permit from the New York
State Department of Health per their regulations. The permit shall
be prominently posted for view.
(d)Â
Proof of this licensure must be submitted for each participant
as part of the vendor's licensure.
(e)Â
A vending license shall be required of any vendor required to
obtain a New York State DOH food preparation certificate.
(4)Â
New York State Liquor Authority (farm breweries, craft breweries,
farm wineries, farm cideries and farm distilleries):
(a)Â
All New York State alcohol vendors must enforce age restrictions
regarding sales and sampling at farmers markets.
(b)Â
Vendors must obtain a one-time or annual tasting permit from
the New York State Liquor Authority (SLA) and submit their brand label
for approval prior to any taste testing.
(c)Â
The SLA requires a farm distillery license and a marketing permit
if the vendor sells distilled products by the bottle. These permits
must be prominently displayed at all times.
(5)Â
New York State Agriculture and Markets Law Article 20-C governs the
manufacture and bottling of nonalcoholic cider and fruit juice. Apple
cider and related products sold must meet the criteria of New York
State Agriculture and Markets Law § 214-n.
(6)Â
The New York State Department of Agriculture and Markets, Division
of Milk Control and Dairy Services, Part II permits govern milk, milk
products, cheese and other dairy products. Permits issued by NYSDAM
should be prominently displayed as required by regulation.
(7)Â
USDA (meats): All meats sold are governed under the USDA and must
be marked with the USDA legend or as "Processed at an NYSDAM Facility."
(8)Â
New York State Department of Environmental Conservation (freshwater
fish):
(a)Â
No permit, license or certificate is required if a freshwater
fisherman is selling whole or nonprotected species.
(b)Â
An Article 20C license from the NYSDAM is required if fish is
pan-ready.
(c)Â
A New York State Department of Environmental Conservation food
fish and crustacean dealers and shippers license is required to resell
marine fish purchased from a licensed fisherman if reselling the fish
at the farmers market.
(9)Â
All pet foods and treats sold must be registered with the New York
State Department of Agriculture and Markets. Proof of registration
must be posted at the farmers market. All products sold must be the
New York State criteria for minimum labeling requirements.
(10)Â
Animals shall be restricted within a farmers market per the
NYSDAM regulations. All live animals for display should be kept segregated
and located downwind from foods being sold in the market.
C.Â
Outdoor vending on private property:
(1)Â
Licenses may be issued to individuals who seek a license to vend
on private property.
(2)Â
The license shall include written authorization from the property
owner to conduct the vending activity.
(4)Â
This subsection shall not apply to outdoor food vending for residential
properties in connection with catering activities at private events
not open to the public.
D.Â
Ice cream vendors:
(1)Â
May be allowed in residential neighborhoods, as approved by the Commissioner
of Accounts or designee.
(2)Â
Must submit a map with the application showing the route(s) that
will be followed.
(3)Â
Shall submit to a mandatory background check by the Saratoga Springs
Police Department.
(4)Â
May not stop for more than 15 minutes at a time. New York State Vehicle
and Traffic laws must be adhered to at all times.
Any person who, by himself or herself or by an agent or employee, shall act as a vendor as herein defined, without a license or other approval granted herein, or who shall violate any of the provisions of this chapter, or who, having had a license revoked or suspended, shall continue to act as a vendor, shall, upon conviction, be subject to the penalties set forth in Chapter 1, General Provisions, Article III, of the Code.
The Commissioner of Accounts may, upon due notice, revoke or
suspend any license or other approval granted or issued herein for
a violation of any of the provisions of this chapter or for any other
act or omission that demonstrates the licensee's inability to
safely and properly conduct the licensed activity. When a license
shall be revoked or suspended, no refund of any portion of the license
fee shall be made. Notice of such revocation or suspension and the
reason or reasons therefor, in writing, shall be served by the Commissioner
of Accounts upon the licensee or mailed to the licensee's address
as stated on the application. If the license is revoked or terminated
for cause, the license period shall end immediately, and no refund
will be issued. Notice of proposed suspension or revocation of a license
for street vending shall be given in writing, setting forth specifically
the grounds of the complaint. Any applicant whose license is revoked
under this regulation may not reapply for another license until the
expiration of one year from the date of revocation.
A.Â
The Commissioner of Accounts shall have the right to suspend, terminate
or reinstate a vending license. Such decisions shall become effective
immediately.
B.Â
The vendor shall have a right to an appeal hearing on the proposed
revocation or suspension before the Department of Accounts or its
designee no later than 10 days after requesting such a hearing in
writing.