[HISTORY: Adopted by the Council of the City of Schenectady 7-23-1973 by Ord. No. 16117. Amendments noted where applicable.]
[Amended 9-15-1980 by Ord. No. 80-129]
As used in this chapter, the following terms shall have the meanings indicated:
- TRANSIENT MERCHANT
- Includes all persons, as well as their agents and employees, who
engage in the temporary or transient business in the city of purchasing, providing
services, selling or offering for sale any goods or merchandise or price lists
for the purpose of taking orders for the sale thereof and work for the purpose
of carrying on such business or conducting such exhibits thereof; who hire,
rent, lease or occupy any room or space in any building, structure, other
enclosure, vacant lot or any other property whatever in the city, in, through
or from which any goods or merchandise may be purchased, sold, offered for
sale, exhibited for sale or exhibited for the purpose of taking orders for
the sale thereof.[Amended 9-22-1986 by Ord. No. 86-58]
- TRANSIENT RETAIL BUSINESS
- A business conducted in a store, hotel, house, building or structure for the purchase or sale at retail of goods, wares or merchandise, which is intended to be conducted for a temporary period of time and not permanently.
- TRANSIENT SERVICE BUSINESS
- A business conducted in a store, hotel, house, building or structure
for the purpose of selling or providing education programs or services to
the public which is intended to be conducted for a temporary period of time
and not permanently.[Added 11-12-1991 by Ord. No. 91-48]
[Amended 4-26-1999 by Ord. No. 99-08]
This chapter shall not apply to ordinary commercial travelers who sell or exhibit for sale goods or merchandise to parties engaged in the business of buying and selling and dealing in goods or merchandise in the city, nor to farmers participating in a New York State approved farmers market while selling unprocessed food.
Except as noted in § 179-2, it shall be unlawful for any firm, its agents or employees or persons engaged in the occupation of a transient merchant, without first obtaining from the Office of Consumer Protection a license, to engage in such occupation in the city.
[Amended 1-5-1981 by Ord. No. 80-167; 3-18-1991 by Ord. No. 91-11; 11-12-1991 by Ord. No. 91-48]
The fees for licenses required by this chapter for conducting a transient retail business shall be as follows:
One year: $500.
Editor's Note: Former Subsection A(1)(a), establishing fees for the Farmers Markets on State Street and Upper Union Street, added 4-12-1993 by Ord. No. 93-15, was repealed 4-26-1999 by Ord. No. 99-08.
Six months: $400.
One month: $200.
One week: $100.
[Added 11-9-1992 by Ord. No. 92-52]
For a festival or other similar short-term gathering of one week or less, when the same is sponsored by a single corporate entity, a blanket permit may be issued upon the following schedule:
[Added 4-7-1997 by Ord. No. 97-09]
|1 to 10||$100|
|11 to 20||$200|
|21 to 30||$300|
|31 to 40||$400|
|41 or more||$500|
The fees for licenses required by this chapter for conducting a transient service business shall be as follows:
Each day: $25.
Charitable or not-for-profit organizations, upon presenting proof of status, shall pay 1/2 of the above-enumerated fee schedule. Upon request of a charitable or not-for-profit licensee and in the discretion of the office of consumer protection, when participation by subsidiary vendors in an event or occasion sponsored by a not-for-profit organization is in furtherance of the eleemosynary purposes of the event or occasion, the license issued to a not-for-profit organization may be extended to include subsidiary vendors at the event or occasion if they are not otherwise regulated or licensed by this or any other chapter of the code of ordinances.
[Added 11-9-1992 by Ord. No. 92-52; amended 5-6-1996 by Ord. No. 96-28]
[Amended 9-15-1980 by Ord. No. 80-129]
An applicant for a license under this chapter must file with the Office of Consumer Protection a sworn application on a form to be furnished by the Office of Consumer Protection. The applicant must also file the name and address of the person, firm or corporation who or which he or she represents and provide a sample of any order form or receipt which will be used as a transaction of sale or service and the kind of goods to be purchased or sold thereunder. If a corporation, the name and address of a person upon whom a legal notice may be served must be provided.
Upon receipt of such application, the Office of Consumer Protection may, in its discretion, request the Police Department to investigate the applicant's business and moral character for the protection of the public good.
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall so advise the Office of Consumer Protection, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall so advise the Office of Consumer Protection. The Office of Consumer Protection shall, upon receipt of the prescribed fee, issue the appropriate license. Such license shall contain the name, address and photograph of the licensee, the date of issuance and the length of time the same shall be operative and any other information deemed appropriate.
Licenses issued under the provisions of this chapter may be revoked by the Office of Consumer Protection of the City of Schenectady for any of the following reasons:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on his business as transient merchant.
Any violation of this chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business of transient merchant in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Misrepresenting the license as an endorsement of the commodities, foods, goods, wares, merchandise or any article of sale by the City of Schenectady.
All annual licenses issued under the provisions of this chapter shall expire one year from the date of their issuance. Other than annual licenses shall expire on the date specified in the license. Each licensed transient merchant shall be responsible for displaying his license in a conspicuous place at his place of business, and a separate license shall be secured for each place of business.
[Amended 11-12-1991 by Ord. No. 91-48]
Any police officer or officer of the Office of Consumer Protection shall have power and authority to enter any store or building in which a transient retail business or a transient service business may be carried on at any time during business hours for the purpose of ascertaining the actual conduct of business and goods stated in the application.