[HISTORY: Adopted by the Common Council of
the City of Peekskill 9-10-1984 (Ch. 292 of the 1984 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A permanent building or store located on a foundation in
which or where the person transacts or solicits business and deals
in the goods, wares, food, merchandise or services he sells during
regular business hours.
A person or entity who sells goods, wares, food or merchandise
by going from house to house or place of business to place of business,
all on private property.
A person or entity who sells food on any public street, sidewalk
or other public place. "Food vendor" shall not include a permittee
under "An Ordinance to Use City Sidewalks by Abutting Merchants for
Display Purposes."[1]
A person or entity who takes orders for goods, wares or merchandise
or for services to be performed in the future, or for making, manufacturing
or repairing any articles or thing whatsoever, all for future delivery
or service, which person does not operate an established place of
business within the City.
This chapter shall not apply to auctioneers
conducting sales pursuant to statute or order of any court or to service
clubs or nonprofit organizations, such as the Ambulance Corps, Boy
and Girl Scouts and school organizations, when vending or soliciting
for purposes for which these organizations are organized.
[Amended 6-8-1987]
It shall be unlawful for a person or entity
within the City limits of the City of Peekskill to act as a food vendor,
itinerant vendor or solicitor without first having obtained and paid
for and having in force and effect a license therefor. No person or
entity shall sell goods, wares or merchandise, except food, on any
public sidewalk or other public place in the City except as a permittee
under "An Ordinance to Use City Sidewalks by Abutting Merchants for
Display Purposes."[1]
[Amended 6-8-1987]
A.
Any person desiring to act as a food vendor, itinerant
vendor or solicitor within the City shall apply for a license from
the City Clerk upon a written application to be furnished by the City.
Such application shall detail the following:
(1)
Whether the applicant desires to act as a food vendor,
itinerant vendor or solicitor.
(2)
The kind of goods, wares, food, services or merchandise
the applicant desires to sell or solicit to sell.
(3)
The name, address and age of the applicant and any
assistants the applicant proposes to employ.
(4)
The name and address of the person or entity the applicant
represents.
(5)
In the case of a food vendor, the proposed location
of business.
(6)
The number and types of vehicles to be utilized by
the applicant in carrying on the business for which the license is
desired.
(7)
The length of time the applicant desires the license.
B.
The City Clerk shall deliver a copy of this chapter
to each applicant at the time of application.
[Amended 6-8-1987]
A.
Upon the filing of the application and information as required in § 553-4 above, the City Clerk shall, upon his approval of such application, issue to the applicant a license as provided in § 553-3, 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 or general welfare.
B.
A license shall not be assignable except for a food
vendor who may assign his or her license to assistants named on said
license. 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, excepting food vendors as discussed above, shall each be guilty
of a violation of this chapter.
C.
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 may be issued by the City Clerk upon the
filing with him by the licensee of an affidavit setting forth the
circumstances of the loss and what, if any, search has been made for
its recovery and upon a payment of a fee set forth in the Consolidated
Fee Schedule maintained in the office of the City Clerk.
[Amended 9-25-2017 by L.L. No. 2-2017; 12-26-2017 by L.L. No. 4-2017]
D.
All licenses shall be issued from a properly bound
book with proper reference stubs kept for that purpose, numbered in
the order in which they are issued, and shall state clearly whether
the permittee is a food vendor, itinerant vendor or solicitor, the
kind of vehicle to be used, the kind of goods, wares, food and merchandise
to be sold or service to be rendered, the number of the licensee's
license, the fee paid and the name and address of the licensee.
E.
Yearly licenses shall automatically expire on December
31, following the dates of issuance of such licenses.
F.
No license shall be granted to a person under 18 years
of age.
G.
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 such rejection no longer exists.
H.
Every licensee and assignee of a food vendor license,
while exercising his license, shall carry the license with him and
shall exhibit the same upon demand.
An applicant for an itinerant vendor or solicitor's
license shall be required to submit to a criminal record check and
fingerprint test at the Peekskill Police Department, which shall coordinate
said check through the State Division of Criminal Justice Services.
The applicant will tender the usual fees as required by the City's
Fee Ordinance for the taking of such fingerprints. No license, as
required hereunder, or renewal thereof shall issue, except a temporary
license to applicants for renewal of a license issued pursuant to
this chapter, until the investigation as required herein shall be
completed. Itinerant vendors and solicitors shall be required to submit
to the record check and fingerprinting tests only once during each
calendar year.
[Amended 6-8-1987; 7-8-1991; 4-13-1992; 2-27-2017 by L.L. No. 1-2017]
The fee for a license as required hereunder shall be set forth
in the Consolidated Fee Schedule maintained by the office of the City
Clerk.
A.
Notwithstanding anything to the contrary in this chapter, daily permits
may be obtained from the Police Department of the City of Peekskill
upon payment of the fee set forth herein on any day during which the
office of the City Clerk is not open for business. The authority to
the Police Department herein shall be strictly limited to daily permits
to be issued only on days when the office of the City Clerk is closed.
[Amended 6-8-1987]
A food vendor must confine his business to one location during the term of his permit. Said location must be proposed on his application to the City Clerk and noted on the permit as approved at the time of issuance. Such place may not be on public parkland, except pursuant to a permit issued under Chapter 449, Riverfront Green, Article II. If a merchant operating an established place of business within 200 feet of said approved location noted on the permit objects to the City Clerk that said noted location competes or interferes with said merchant's business, the City Clerk shall so advise the food vendor, and the food vendor shall be required to choose a new approval location, which shall be so noted on an amended permit to be issued by the City Clerk at no cost to the food vendor.
[Amended 6-8-1987]
Every vehicle used by a licensed food vendor,
itinerant vendor 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 on one side of every 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 license.
The City Clerk 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 an 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 City
Clerk upon the person named in the application, or by mailing the
same to the address given in the application. A copy of such notice
shall be filed in the office of the City Clerk.
[Amended 6-8-1987]
A licensed food vendor, itinerant vendor or
solicitor shall:
A.
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.
B.
Keep the vehicle 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.
C.
Not blow a horn or ring a bell to attract public attention
to his wares or shout or cry out his wares.
E.
If a food vendor, not place any obstructions upon
any street, sidewalk or public place which would impede the safe and
orderly free flow of two-way pedestrian and vehicular traffic.
F.
If an itinerant vendor, not conduct business on any
street, sidewalk or other public place in the City.
G.
Not permit any vehicle used by him to stop or remain
on any crosswalk.
All orders taken by licensed solicitors who
demand, accept or receive payment or deposit of money in advance of
final delivery, shall be in duplicate, shall state the license number
of the solicitor and shall state 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
records and copies of all applications, permits and fees paid under
this chapter.
[Amended 6-8-1987]
A.
Every person or entity guilty of violating any provision
of this chapter shall be subject to a penalty as follows:
B.
Each and every day that a violation exists or continues
under this chapter shall constitute a separate offense subject to
penalties as stated herein.
