[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:
- CANVASSER and SOLICITOR
- 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.
- GARAGE SALE
- 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.
- MOBILE FOOD VENDOR
- 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]
- OUTDOOR MARKET OR AUCTION
- 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.
- PEDDLER and HAWKER
- 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.
- ROADSIDE STAND
- 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.
- SPECIAL EVENT
- 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.
- TRANSIENT RETAIL BUSINESS
- 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.
- WASTE MATERIAL COLLECTOR
- 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:
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:
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;
Persons conducting business in compliance with or fulfillment of an order of any court within the State of New York;
Persons selling vegetables, fruit, and/or perishable food products;
Persons selling at an approved auction and/or market within the Village; and/or
Persons operating a stand or booth at a trade or craft show.
Canvasser and solicitor.
Outdoor market or auction.
Peddler and hawker.
Mobile food vendor.
[Added 10-1-2018 by L.L. No. 3-2018]
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:
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.
Shall not park within 40 feet of any intersection of a street.
Shall not park within a 500-foot radius of a permitted special event, unless part of such event.
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.
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:
Shall not be parked on private property in a commercial zoning district for more than six hours per day and one day per week.
When part of a permitted special event.
When part of a private event on private property (not for public sale)
No signage is allowed in addition to that which is located on the vehicles.
The vendor shall supply garbage receptacles for use by patrons, and all garbage shall be taken with the vendor.
The vendor shall not set up tables or chairs unless part of a permitted special event or a private party.
Editor's Note: This ordinance also redesignated former Subsection E as Subsection F.
Waste material collectors:
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.
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.
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.
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.
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]
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.
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.
The Zoning Officer to make the appropriate zoning inspection.
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.
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]
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]
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]
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.
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.
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.
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.
Proof of payment of sales tax:
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.
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.
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.
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.
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.
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.
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:
Misrepresentation or materially false information in the application.
Prior conviction of the applicant for a crime involving moral turpitude.
Revocation of a prior license or permit similar to that for which application is being made.
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.
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.
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:
Fraud, misrepresentation, or false statement contained in the application.
Fraud, misrepresentation, or false statement by the licensee in the course of conducting the licensed business or permitted activity.
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.
Any violation of this chapter or any other chapter of the Code.
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.