[HISTORY: Adopted by the Board of Trustees of the Village
of Springville 11-5-1979 by L.L. No. 6-1979 (Ch. 90 of the 1979
Code); amended in its entirety 8-25-2014 by L.L. No. 3-2014.
Subsequent amendments noted where applicable.]
As used in this chapter, such terms shall have the following
meanings:
A person who engages or intends to engage in canvassing and/or
soliciting for the sale of or for subscriptions to newspapers, magazines,
books, pamphlets or other publications, and/or soliciting or canvassing
for contributions for or subscriptions to any purpose, and/or soliciting
orders for any services, goods, wares or merchandise or other commodities,
by going from house to house within the limits of the Village of Springville,
except for persons canvassing or soliciting on behalf of educational
institutions.
All sales entitled or generally regarded as a "garage sale,"
"lawn sale," "attic sale," "rummage sale," "porch sale" or any similar
sale of tangible personal property on real property owned and/or rented
as a residence by the person conducting, sponsoring, or otherwise
operating the sale.
The use of any legally registered/licensed vehicle or trailer
to travel over the streets and to serve food or drink, whether cooked,
baked or prepared on site or prepared elsewhere and served on site.
[Added 10-1-2018 by L.L.
No. 3-2018]
An outdoor market or auction on property not approved by
the Planning Board for such use for the sale or bid of antiques, fruits,
vegetables, foods and any other new or used tangible personal property.
A person who goes from place to place by traveling on the
streets or from house to house and carries with him or her goods,
wares and merchandise for the purpose of selling them to consumers
within the Village of Springville.
An individual, firm, partnership, corporation, voluntary
association, incorporated association, trade, business, and/or the
principal, agent, representative, and/or employee thereof.
A seasonal or occasional sales outlet, not of a permanent nature, occupying a site near the right-of-way of a street or road for the purpose of selling fruits, vegetables or any other tangible personal property. Exception: roadside stands as allowed in the Tables of Use Regulations of Chapter 200.[1]
An event that gathers people together in a public, municipal,
commercial, and/or industrial location within the Village, whether
sponsored by a for-profit or not-for-profit organization, for purposes
of entertainment, celebration, or commemoration, including but not
limited to: carnivals, circuses, parades, public outdoor meetings,
shows, exhibitions, fireworks, runs/walks, amusement rides, use of
tents, etc.
A retail and/or wholesale business conducted for a period
of 30 consecutive days or less in a structure, tent, truck, van, trailer,
parking lot, vacant parcel of land, public right-of-way, or any other
place, except for real property owned by the person who owns and/or
operates the retail and/or wholesale business, and approved by the
Planning Board for the Village of Springville for use in a manner
consistent with the retail and/or wholesale business. The type of
merchandise being sold is irrelevant to the classification.
A person, partnership, corporation, association, or any combination thereof, that engages in the business of collecting garbage, trash, debris, rubbish or other waste material, as those terms are defined in Chapter 145, Solid Waste, of the Code of the Village of Springville, from waste material generators within the Village of Springville. A collector who collects waste material from more than one location within the village on a regular basis shall be deemed to be engaged in the business of collecting waste materials.
Unless a specific procedure is provided elsewhere in the Code,
the provisions of this chapter shall apply.
The fees imposed for licenses and permits are based upon the
costs of inspections, compliance with the laws of the State of New
York and the Village of Springville, and any necessary and additional
investigations, surveillance, and/or inspection by law enforcement.
The fees provide a reasonable relationship to the costs of regulation
and administration. The various fees established for the issuance
of licenses and permits are as established or revised from time to
time by resolution of the Board of Trustees.
The persons requiring a license to conduct business activities
within the Village of Springville shall be as follows:
A.
Transient retail business. The following entities are exempted from the requirements of obtaining a license and instead are obligated to obtain a permit as required by § 110-12 of this chapter:
(1)
Any bona fide charitable educational, scientific, health, religious,
or other organization of worthy cause deemed to be in the public interest
conducting a sale where all proceeds are retained by such organization;
(2)
Persons conducting business in compliance with or fulfillment of
an order of any court within the State of New York;
(3)
Persons selling vegetables, fruit, and/or perishable food products;
(4)
Persons selling at an approved auction and/or market within the Village;
and/or
(5)
Persons operating a stand or booth at a trade or craft show.
B.
Canvasser and solicitor.
C.
Outdoor market or auction.
D.
Peddler and hawker.
E.
Mobile food vendor.
[Added 10-1-2018 by L.L.
No. 3-2018[1]]
(1)
Shall only locate on any street or public parking lot within the
Village where there is legal parking and where parking will not impede
the normal flow of traffic or where specifically designed, except:
(a)
Shall not park within a 100-foot radius of the primary entrance
to any structure used for the service of food or drink, unless written
permission is granted by such owner of the structure or the management
of the business located in that structure.
(b)
Shall not park within 40 feet of any intersection of a street.
(c)
Shall not park within a 500-foot radius of a permitted special
event, unless part of such event.
(d)
Shall not be located in a manner wherein the judgment of any
officer charged with the enforcement of the Village of Springville
Code or New York State laws determines the location unsafe or hazardous.
(2)
Shall not be parked for more than three hours per day in any one
location and where otherwise prohibited by New York State Vehicle
and Traffic Law, except:
(3)
No signage is allowed in addition to that which is located on the
vehicles.
(4)
The vendor shall supply garbage receptacles for use by patrons, and
all garbage shall be taken with the vendor.
(5)
The vendor shall not set up tables or chairs unless part of a permitted
special event or a private party.
[1]
Editor's Note: This ordinance also redesignated former
Subsection E as Subsection F.
F.
Waste material collectors:
(1)
In the interest of promoting the health, safety and general welfare
of the public and avoiding potential nuisances and preventing the
spread of disease, the Board of Trustees may impose such terms, conditions
and limitations upon a waste material collector license as shall be
deemed by such Board to be in the best interest of the public. In
making such determinations, the Board of Trustees shall consider,
among other factors deemed relevant by it, the days, times and other
terms contained in any contract the Village may have for the general
collection of waste materials within the Village.
(2)
A contract by the Village with a waste material collector for the
general collection of waste materials within the Village shall be
deemed equivalent to a license issued under this chapter and shall
be exempt from the imposition of a license fee.
A.
Whenever in this Code a license is required for the maintenance,
operation or conduct of any business, or for doing business, or engaging
in any activity or occupation, a person shall be subject to the requirement
if, by himself or herself or through an agent, employee, or partner,
he or she holds himself or herself forth as being engaged in the business,
or solicits patronage therefor, actively or passively, or performs
or attempts to perform any part of such business, or participates
in any activity for which a license is required elsewhere in this
Code within the Village of Springville.
B.
It shall be unlawful for any person subject to the requirements of
this chapter to conduct, engage in, or carry on any business, trade,
occupation, and/or commercial activity as enumerated in this chapter,
within the Village of Springville, without having complied with the
provisions of this chapter and having obtained a license therefor
as herein provided.
The owner of real property where a business is conducted is
subject to the same penalties under this chapter as the person operating
the business.
[Amended 10-25-2017 by L.L. No. 6-2017]
Applications shall include the requirements of §§ 110-8 and 110-9, and additional requirements approved by the Village Board of Trustees. No license shall be issued until an application has been first filed with the Village Administrator by the person seeking the same. Where a person makes application for himself and one or more helpers, applicable personal information specified on the application form shall be required to be given for each applicant and helper. An individual license shall be required by each party. No license issued under this chapter shall be transferable from one person to another. The application shall be issued from the Village Administrator's office. The completed application may be referred to the Village of Springville Police for approval. The Village Administrator shall approve the licenses.
A.
Upon receipt of an application for a license, the Village Clerk shall
refer such application to the officers designated by the Village Administrator
to perform an investigation. The Village Administrator designates:
[Amended 10-25-2017 by L.L. No. 6-2017]
(1)
The Code Enforcement Officer to make or cause to be made an investigation
and/or inspection in regard to the care and handling of food and the
prevention of nuisances and the spread of disease, for the protection
of health.
(2)
The Code Enforcement Officer or his or her qualified designee to
make or cause to be made investigations relative to the construction
of buildings or other structures.
(3)
The Zoning Officer to make the appropriate zoning inspection.
B.
All other investigations, except where otherwise provided, shall
be made by such Village officer or other authorized person as is designated
by the Board of Trustees.
C.
The police officer designated by the officer in charge to order and
review criminal records ("Criminal Records Officer") may cause the
fingerprints of any applicant for a peddling or soliciting permit
(license) and any applicable fee to be forwarded to the Division of
Criminal Justice Services (DCJS) in the form and manner as prescribed
by DCJS for a complete criminal background and investigation upon
receipt of the appropriate fee from the applicant.
[Added 10-25-2017 by L.L.
No. 6-2017]
D.
The Criminal Records Officer, the Village Administrator and the Village
Attorney shall review the criminal history record information (CHRI)
disseminated by DCJS in connection with the applicant's criminal background
and investigation.
[Added 10-25-2017 by L.L.
No. 6-2017]
E.
In making the determination of the applicant's fitness for the requested
permit (license), based upon the information provided by DCJS, New
York State Correction Law Sections 701 through 703b and Sections 751
through 753 shall be given due consideration.
[Added 10-25-2017 by L.L.
No. 6-2017]
A.
Bond. Before any license, as provided in this chapter, shall be issued
for engaging in a transient retail business, within the Village of
Springville, the applicant shall file with the Village Clerk a bond
running to the Village of Springville in the sum of $5,000, executed
by the applicant as principal, and two sureties upon which service
of process may be made in the State of New York. Said bond shall be
conditioned upon the applicant's agreement to comply fully with
all of the provisions of the ordinances of the Village of Springville
and the statutes of the State of New York regulating and concerning
the sale of goods, wares and merchandise, and to pay all judgments
rendered against said applicant for any violation of said ordinances
or statutes or any of them, together with all judgments and costs
that may be recovered against him or her by any person or persons
for damages arising out of any misrepresentation, fraud, or deception
practiced by the applicant and/or all persons associated with the
applicant, whether said misrepresentations or deceptions were made
or practiced by the person(s) at the time of making the sale, or through
any advertisement of any character whatsoever, printed or circulated,
with reference to the goods, wares or merchandise sold, or during
any statutorily required postsale rescission period, or during any
part of the commercial transaction the person holding the license
and/or acting on behalf of the person holding the license and the
customer. Legal action on the bond may be brought in the name of the
Village seeking criminal penalties as defined in this section or by
the aggrieved customer seeking civil penalties. Such bond must be
approved by the Village Clerk both as to form and as to the responsibility
of the sureties thereon.
B.
Jurisdiction and service of process. Before any license as herein
provided shall be issued for engaging in business as a transient retail
business in the Village of Springville, such applicant shall file
with the Village Clerk a written instrument consenting to personal
jurisdiction over the applicant by the courts of the State of New
York for any license-related activities, and nominating and appointing
the Village Clerk as true and lawful agent with full power and authority
to acknowledge service or notice of process for and on behalf of said
applicant for any matters connected with or arising out of the business
transacted under said license and the bond given as required by this
chapter, or for the performance of the conditions of said bond or
for any breach thereof. The instrument shall also contain recitals
to the effect that when service or notice of process is made upon
the Village Clerk, it shall be held to be valid as if personally served
upon the person or persons holding said license under this chapter,
according to the laws of the State of New York, and that said applicant
waives all claim or right of error by reason of such acknowledgment
of service or manner of service. Immediately upon service of process,
the Village Clerk shall send to the licensee at his or her last known
address as indicated on the license, by registered mail, a copy of
said process.
C.
Place of business. No person shall conduct a business requiring a
license under this section within the Village at any place other than
that set forth on the license issued by the Village Clerk or designee
pursuant to this chapter.
D.
Village's right of entry; access to information. The Village
Clerk, and such officers of the Village designated by the Clerk for
said purpose, shall have the power and authority to enter any location
in which transient retail business may be carried on at any time during
business hours for the purpose of ascertaining the amount of stock
of merchandise therein or sales made.
E.
Proof of payment of sales tax:
(1)
Every person conducting a transient retail business pursuant to this
chapter shall, on the day following cessation of sales pursuant to
a license, present to the Village Clerk or designee, at Village Hall,
a verified statement showing the total gross sales and proof of payment
of all sales tax due and owing to the New York State Department of
Taxation and Finance. The Clerk may request supporting documentation
such as New York State sales tax reports and register receipts.
(2)
The transient retail business licensee shall provide to the Village
Clerk figures substantiating the amount of tax due pursuant to this
chapter to the New York State Department of Taxation and Finance,
as specified on the verified statement of sales.
F.
Verification of sales contests. The licensee shall, on the day following
termination of the license issued, provide to the Village Clerk or
designee any prizes that are awarded pursuant to any contests, lotteries,
or other games of chance that are associated with the conduct of the
sales event. This information shall include 1) a copy of the initial
solicitation, including eligible prizes, participant requirements,
and odds of winning, and 2) a list of winners, including names, addresses,
contact information, and actual prize or prizes awarded.
No peddler, hawker, solicitor, canvasser, or transient retail
business shall have any exclusive right to any location in the public
streets, nor shall any such person be permitted in a stationary location,
nor shall any such person be permitted to operate in any congested
area where the operation may impede or inconvenience the public. For
the purpose of this chapter, the judgment of any police officer, Code
Enforcement Officer, Village Clerk, and/or the Board of Trustees exercised
in good faith shall be deemed conclusive as to whether the area is
congested, the public impeded, or the public inconvenienced.
A.
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 one-half hour before sunset of any day or
after the hour of 7:00 p.m. of any day, whichever may be earlier,
except upon the invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor, in plying his
or her 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
purports to prohibit peddling or soliciting on the premises.
C.
No peddler or solicitor shall peddle, vend or sell goods or wares
within 200 feet of any place occupied exclusively as a public or private
school or for school purposes, nor shall any cart, wagon or vehicle
used in the conduct of such operation be permitted to stand on any
public highway within said distance of such school property.
The persons or uses requiring a permit to conduct business activities
within the Village of Springville shall be as follows:
A garage sale permit entitles the applicant to conduct a garage
sale for any three days within a five-consecutive-day period. A garage
sale permit shall not be granted to any applicant or to different
applicants that would permit a garage sale or sales at the same location
for a more than six days in any calendar year.
The Village Board of Trustees shall approve, by resolution,
applications for permits. Applications shall include the requirements
of this chapter and additional requirements as approved by the Village
Board of Trustees.
[1]
Editor's Note: This section was intentionally left blank.
All licenses and permits issued under this chapter shall be issued by the Code Enforcement Officer, upon approval of the Village Clerk and upon payment of the proper fees as set forth from time to time by resolution of the Board of Trustees, provided that where the recommendation of any department or official is required under § 110-8 of this chapter, said recommendation must be received, in writing, before the license shall be considered. Forms and applications for all licenses shall be prepared and kept on file by the Village Clerk.
The Village Clerk shall examine the qualifications of any applicant
for a license or permit and shall have the right to deny the issuance
or renewal thereof for any of the following reasons:
A.
Misrepresentation or materially false information in the application.
B.
Prior conviction of the applicant for a crime involving moral turpitude.
C.
Revocation of a prior license or permit similar to that for which
application is being made.
D.
Noncompliance with the laws, ordinances, rules or regulations of
the state, county, or village.
Any person aggrieved by the decision of the Village Clerk or
designee in regard to the denial of an application for a license or
a permit as provided for in this chapter or in connection with the
revocation of a license or permit as provided for in this chapter
shall have the right to appeal to the Board of Trustees of the Village
of Springville. Such appeal shall be taken by filing with the Board,
within 14 days after notice of the decision of the Village Clerk has
been mailed to such person's last known address, a written statement
setting forth the grounds for the appeal. The Board shall set the
time and place for a hearing on such appeal, and notice of such hearing
shall be given to such person in the same manner as provided this
chapter for notice of hearing on revocation. The order of the Board
of Trustees on such appeal shall be final.
A.
In the absence of provisions to the contrary, all fees and charges
for licenses or permits shall be paid in advance at the time application
therefor is made to the Village. Except as otherwise provided, all
license fees shall become a part of the general treasury.
B.
Where the licensee or permit holder is engaged in more than one activity
as enumerated in this chapter at the same location, which may be subject
to more than one fee, said licensee or permit holder shall be required
to pay that fee which would be charged for the activity assessed the
highest fee.
Except where otherwise specifically provided, no license or
permit issued hereunder shall be transferable. Licenses and permits
shall be valid only for the person named therein, and in the event
that there is a change in the ownership of the business or premises
involved, reapplication shall be made by the new principals in the
same manner as for new applications.
No license or permit shall be issued for the conduct of any
business if the premises and building to be used for the purpose do
not fully comply with the ordinances and requirements of the Village
of Springville and the laws and regulations of the State of New York.
Licenses and permits issued under this chapter shall be posted
in a conspicuous place for the duration of the licensing/permitting
period and/or for so long as the licensed/permitted business is in
operation. In the case of a peddler, hawker, canvasser, solicitor,
or transient retail business, the license shall be carried upon his
or her person at all times during the conduct of his or her activities.
Licenses and permits issued under the provisions of this chapter
may be revoked by the Board of Trustees or its designated representative,
in writing, for any of the following causes:
A.
Fraud, misrepresentation, or false statement contained in the application.
B.
Fraud, misrepresentation, or false statement by the licensee in the
course of conducting the licensed business or permitted activity.
C.
Conducting the licensed business or permitted activity in an unlawful
manner or in such a manner as to constitute a breach of the peace
or a menace to the health, safety or general welfare of the public.
D.
Any violation of this chapter or any other chapter of the Code.
E.
Conviction of any crime involving moral turpitude.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be punished by a fine of not less than $100
nor more than $1,000 per day of violation or by imprisonment not to
exceed 60 days, or by both such fine and imprisonment.
