[HISTORY: Adopted by the Common Council of
the City of Albany 7-15-1985. Amendments noted where applicable.]
It is found and declared that:
A.Â
The business of vending merchandise and refreshments
in the public streets, sidewalks, places and from door to door in
the City of Albany should be regulated to protect the public health,
safety and welfare of the inhabitants of the City of Albany.
B.Â
Reasonable regulation of vending is necessary for
the prevention of congestion of traffic and travel.
C.Â
Persons engaged in the business of vending should
be required to be licensed and to furnish such information as necessary
to effectively carry out the purposes of this chapter.
D.Â
Unless
specifically authorized by this chapter, vending in the City of Albany
within any public right-of-way, sidewalk or place is prohibited.
[Added 12-21-2009 by Ord. No. 33.41.09]
[Amended 1-4-1988]
As used in this chapter, the following terms
shall have the meanings indicated:
The City Clerk of the City of Albany.
A license issued pursuant to this chapter.
Any person holding a license.
Any nonedible commodity, including but not limited to flowers
and balloons.
Includes any individual, society, club, firm, partnership,
corporation or association of persons.
To obtain merchandise in exchange for money or its equivalent.
The act or an instance of buying merchandise on the public streets,
sidewalks or places or from door to door in the City of Albany.
[Added 12-21-2009 by Ord. No. 33.41.09]
Any person engaged in the buying of merchandise, by means
of money or its equivalent, on the public streets, sidewalks or places
in the City of Albany.
[Added 12-21-2009 by Ord. No. 33.41.09]
Any food, fruit or other edible commodity or soft drink or
carbonated beverage.
Any place or location where is sold, or any place or location
where it is proposed to sell or offer for sale at retail for consumption
off the premises or location, either as a separate business or in
connection with any other business, any refreshment. There shall be
three types of "refreshment businesses or stands" as follows:
CURBSIDE VENDORA vendor who parks a motor vehicle at the licensed location in connection with the operation of one refreshment business or stand, whether the vehicle serves as the refreshment stand or not.
SIDEWALK VENDORA vendor who operates and locates one refreshment business or stand on the sidewalk only and who does not park a motor vehicle at the licensed location.
ICE CREAM TRUCK VENDORA vendor who sells ice cream as a primary product from one motor vehicle and along the public streets.
The act of selling or offering for sale, or the act of purchasing
or offering to purchase for commercial purposes, refreshments or merchandise
on the public streets, sidewalks or places or from door to door in
the City of Albany, from a stand, motor vehicle or from the person.
[Amended 12-21-2009 by Ord. No. 33.41.09]
Any person engaged in the selling or offering for sale, or
engaged in purchasing or offering to purchase for commercial purposes,
of refreshments or merchandise on the public streets, sidewalks or
places or from door to door in the City of Albany, from a stand, motor
vehicle or from the person.
[Amended 12-21-2009 by Ord. No. 33.41.09]
The City Clerk, with the advice and consent
of the Chief of Police or his designee, may promulgate rules and regulations
necessary to effectuate the provisions of this chapter and to address
the circumstances of specially designated areas of the City, such
as Business Improvement Districts and/or special events. Special rules
and regulations may supersede otherwise inconsistent provisions of
this chapter.
[1]
Editor's Note: This legislation was adopted
in the 1983 Code numbering and was redesignated by the Editor to fit
the 1995 Code format.
[Amended 1-4-1988]
[Amended 1-4-1988; 3-7-1994; 3-15-1999 by Ord. No. 4.31.99; 11-25-2002 by Ord. No. 42.112.02; 5-19-2008 by Ord. No. 25.42.08]
License fees shall be payable in full, for the
entire season, upon application for said license and shall be as follows:
A.Â
All vendors are prohibited from vending in a manner
that interferes with pedestrian or vehicular traffic or other legitimate
business in the City of Albany.
B.Â
No vendor shall, directly or indirectly, cause or
permit the public streets, sidewalks or places to be littered with
papers, wrappings or other debris or refuse where the littering results
from the conduct of his business.
C.Â
No vendor shall vend between 9:00 p.m. and 9:00 a.m.
of the following day, unless otherwise specified.
D.Â
Persons licensed pursuant to the provisions of § 32
of the General Business Law of the State of New York shall be prohibited
from vending within the City of Albany unless they have obtained a
license in accordance with the provisions of this chapter.
E.Â
Any person vending refreshments or merchandise from
a motor vehicle that is attractive to and popular with children, which
invites or causes children to gather or collect about the motor vehicle,
is required to take those precautions necessary to protect the children
from being struck by motor vehicles.
F.Â
No vendor shall use or operate any loudspeaker, public
address system, radio, sound amplifier or similar device to attract
the attention of the public.
G.Â
No vendor shall vend within 1,000 feet of the grounds
of any elementary or secondary school between 1/2 hour prior to the
start of the school day and 1/2 hour after dismissal at the end of
the school day.
[Amended 1-4-1988]
A.Â
Unless otherwise provided, a licensed vendor of refreshments,
flowers and balloons shall be authorized to vend at a specific location
in the commercial zones of the City of Albany. The license shall specify
the location within the commercial zone from which vending is permitted
and shall only be valid for vending at that location. There shall
only be one stand in a designated location.
B.Â
The license may limit the amount of space to be occupied
by the vendor.
C.Â
Vendors at special events, events not exceeding three
days in duration, shall be exempt from their location requirement.
Such vendors shall comply with all applicable provisions of this chapter
and rules and regulations issued pursuant to it and pay all fees as
required by the person coordinating the special event.
D.Â
Ice cream truck vendors shall be permitted in the
residential zones of the City in accordance with any rules and regulations
promulgated by the City Clerk.
[Added 12-21-2009 by Ord. No. 33.41.09[1]]
A.Â
Unless
otherwise provided, a licensed vendor of merchandise using a vehicle
for said purpose shall be authorized to operate at a specific location
in the commercial zones of the City of Albany. The license shall specify
the location within the commercial zone from which purchasing is permitted
and shall only be valid for purchasing at that location. There shall
only be one vehicle in a designated location.
B.Â
The license
may limit the amount of space to be occupied.
A.Â
No door-to-door vendor shall enter any house, building
or premises where there is posted on the front of the house, building
or premises a written notice stating that vendors are not desired,
unless the vendor has received the prior consent of the occupant.
[Amended 8-5-2013 by Ord.
No. 33.41.13]
B.Â
No door-to-door vendor shall make false statements
or misrepresentations in the course of his activities. The vendor
shall conduct himself at all times in an orderly and lawful manner.
C.Â
Any person desiring to act as a door-to-door vendor in the City of
Albany shall first obtain a license to vend door-to-door in accordance
with the following provisions:
[Amended 8-5-2013 by Ord.
No. 33.41.13; 12-7-2020 by L.L. No. 1-2021]
(1)Â
Any person seeking a license to vend door-to-door shall file with
the City Clerk an application upon a form furnished by the City Clerk.
Such application shall require the applicant to provide:
(a)Â
The number and kind of vehicle to be used by the applicant,
if any, in carrying on the business for which the license is desired.
(b)Â
The kind of goods, wares, and merchandise the applicant intends
to sell or the kind of service the applicant intends to perform.
(c)Â
The method of distribution for such goods or services.
(d)Â
The name, address, and date of birth of the applicant.
(e)Â
A statement as to whether the applicant has been convicted of
a crime, and if so, the date of conviction(s), the name of the crime(s)
of which the applicant was convicted, the penalty imposed for the
conviction(s), and the name(s) and address(es) of the court(s) in
which the applicant was convicted.
(f)Â
The name and address of the person, firm, or corporation that
the applicant represents.
(g)Â
The length of time for which the applicant desires the license.
(h)Â
Fingerprints in the form and manner prescribed by the New York
State Division of Criminal Justice Services ("DCJS"), along with any
applicable fees required by DCJS.
(i)Â
Such other information as the City Clerk may require to substantiate
the above items.
(2)Â
The City Clerk shall forward the applicant's fingerprints and
any applicable fees to DCJS in the form and manner as prescribed by
DCJS for a complete history record check.
(3)Â
The Corporation Counsel shall review all information provided by
DCJS in connection with any applicant's criminal history and
shall determine whether any such convictions render an applicant unfit
to carry out the duties of a door-to-door vendor. In making such determinations,
the Corporation Counsel shall give due consideration to the provisions
of §§ 701 through 703-b and §§ 751 through
753 of the New York State Correction Law.
(4)Â
If an applicant's application is approved, the applicant shall
only be entitled to engage in the sale of the merchandise or services
listed in the applicant's application.
[Amended 3-7-1994; 3-15-1999 by Ord. No. 4.31.99]
The following persons shall not be required
to obtain a license:
A.Â
Individuals under the age of 16 years who vend Girl
Scout cookies, candy, lemonade or similar items.
[Amended 1-4-1988; 3-7-1994; 3-15-1999 by Ord. No. 4.31.99]
A.Â
If the City Clerk approves an application, the license
shall be valid for one year with the specific seasonal term and/or
particular dates set and determined annually by the City Clerk with
the advice and consent of the Commissioner of the Department of General
Services and the Chief of Police, or his designee.
B.Â
A license shall be in a form prescribed by the City
Clerk.
No license shall be issued to any applicant
if the business sought to be licensed does not comply with all applicable
federal, state and local laws, ordinances and regulations. If the
application is rejected, the City Clerk shall notify the applicant,
in writing, giving the reasons for the rejection.
All licenses shall be displayed in a conspicuous
place at all times during the operation of the vending business.
A license may not be transferred or assigned
or its location changed without prior approval of the City Clerk.
If the City Clerk approves the transfer, assignment or location change,
this action shall be endorsed upon the license by the City Clerk.
A license may be renewed at its expiration by
submitting a new application form.
A.Â
A license may be suspended or revoked by the City
Clerk only after notice, in writing, and an opportunity to be heard
is given to the vendor.
B.Â
Written notice of intent to suspend or revoke shall
be given by registered or certified mail, to the address set forth
on the application.
C.Â
The City Clerk shall suspend or revoke the license
of any vendor found to have violated or to have permitted a violation
of any provision of this chapter or any other ordinance, rule or regulation
or state or federal law pertaining to the operation of his business.
D.Â
Upon a determination that a license should be suspended
or revoked, the City Clerk shall notify the vendor, in writing, setting
forth reasons for such suspension or revocation.
A.Â
Any person who conducts a business without a license
required by this chapter or who conducts or attempts to conduct a
business during the period when his license is suspended or revoked
or who violates any of the terms or provisions of this chapter shall
be guilty of a violation.
B.Â
Any persons found guilty of a violation shall be liable
to a fine which shall not exceed $350 in amount or to imprisonment
not to exceed 15 days, or to both, in the discretion of the court.
[Amended 5-19-2008 by Ord. No. 25.42.08]
C.Â
Except as otherwise provided by law, such violation
shall not impose any disability upon or affect or impair the credibility
as a witness or otherwise of any person found guilty of such offense.
If any section or sections of this chapter shall
be declared unconstitutional or otherwise void and ineffective, the
validity of the remainder of the provisions hereof and their application
shall not be affected thereby.