[HISTORY: Adopted by the Board of Trustees
of the Village of Victor 6-18-1904; amended in its entirety 2-4-2002 by L.L. No. 1-2002.
Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Similar activity, by whatever name, or those uses which involve
the setting up of one or more independently operated booths, tables,
racks or similar display areas for the purpose of selling merchandise
or other items offered for sale by individual vendors or concessionaires,
each of whom generally rents selling space from the flea market operator.
For the purpose of this chapter, a flea market shall be considered
all of the aforementioned. A flea market, as defined herein, shall
not be intended to include a garage sale, roadside produce stand or
fund-raising event or festival sponsored by a religious, charitable,
not-for-profit, or civic organization and held on their own property.
[Added 1-3-2005 by L.L. No. 2-2005]
The sale on residential premises of personal property, including
but not limited to furniture, appliances, furnishings, clothing, bric-a-brac,
antiques, toys, tools and similar items used about a household or
person, other than by auction or the sale of the entire contents of
a household.
[Added 1-3-2005 by L.L. No. 2-2005]
Any person, as defined in this chapter, engaged in the solicitation
of business by going from place to place or from house to house carrying
for sale and exposure for sale any goods, wares or merchandise, personal
service, food, food product or beverage for the purpose of selling
and delivering such goods to consumers without prior contact with
the consumer.
Person, business or entity.
[Added 10-20-2003 by L.L. No. 2-2003]
A retail or wholesale business conducted in a building or
tent; from a truck, van or trailer; or similar, on a parking lot or
vacant parcel of land; on a part of public right-of-way; or in any
other place for a temporary period of time. Lack of a rental or leasing
agreement of three months' or more duration, sealed by monetary consideration,
shall be presumptive of a temporary situation. The type of merchandise
being offered for sale will have no bearing on the designation.
[Added 4-16-2012 by L.L. No. 4-2012]
Any freestanding pushcart, wagon, table, shelving unit, rack,
vehicle or device which may be moved with or without the assistance
of a motor, which is used for the preparation, display, sale, transportation
or storage of any goods, wares or merchandise, personal service, food,
food product or beverage intended for sale, consumption or distribution
on or over the streets, highways or sidewalks or private property
within the Village limits.
[Amended 1-3-2005 by L.L. No. 2-2005; 4-16-2012 by L.L. No.
4-2012]
These regulations apply to all garage sales
of more than three consecutive days and/or more than twice per calendar
year and to all vending units, peddlers, flea markets and transient
businesses.
A.Â
No person shall expose for sale, sell or distribute
any goods, wares or merchandise, personal services, food, food products
or beverages or engage in the business activities of a peddler on
or over the streets, highways or sidewalks or on private property
without first obtaining a peddler permit.
[Amended 10-20-2003 by L.L. No. 2-2003]
B.Â
The following are required to be submitted as part
of the permit application:
(1)Â
The name, mailing address and telephone number of
the permit applicant.
(2)Â
The proposed date(s) of the permit.
(3)Â
A properly completed peddler application form which
may be obtained from the Village Clerk.
(4)Â
Any other information deemed appropriate and necessary
by the Village Clerk.
(5)Â
The fees for a permit issued pursuant to this chapter
shall be as set forth from time to time by resolution of the Board
of Trustees. A fee schedule will be issued with each applicant's peddler
permit.
[Amended 11-15-2010 by L.L. No. 6-2010]
C.Â
Exemption
to fee requirements.
[Added 11-15-2010 by L.L. No. 6-2010]
(1)Â
Municipal
operations and organizations for charitable, philanthropic or religious
purposes are exempt from this fee. Verification from such organization(s)
shall be required by the Village Clerk prior to the issuance of a
permit.
(2)Â
No
person who calls at business places exclusively or at only those places
where he or she has been requested by telephone or by letter to call
shall be required to obtain a permit under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All vending units must be registered, and any
person or business entity applying for a vending unit registration
shall submit the following to the Village Clerk:
A.Â
A description of the vending unit to be licensed as
a registered vending unit.
B.Â
The name of the vending unit owner.
C.Â
Signature of property owner, if different than applicant.
D.Â
The date of vending unit registration expiration,
if used on roadways.
E.Â
A properly completed vending unit registration application
form, which may be obtained from the Village Clerk.
F.Â
Any other information deemed appropriate and necessary
by the Village Clerk.
G.Â
An application fee in an amount set from time to time
by resolution of the Board of Trustees. Note: Municipal operations
and organizations for charitable, philanthropic or religious purposes
are exempt from this fee.
[Added 1-3-2005 by L.L. No. 2-2005]
A.Â
A garage sale of more than three consecutive days
and/or more than twice in a calendar year requires approval from the
Planning Board and a permit.
B.Â
The following are required to be submitted as part
of the permit application:
(1)Â
The name, mailing address and telephone number of
the permit applicant.
(2)Â
The proposed date(s) of the sale(s).
(3)Â
A properly completed garage sale application form,
which may be obtained from the Village Clerk.
(4)Â
Any signage must comply with the Sign Code and be
approved by the Planning Board.
(5)Â
Any other information deemed appropriate and necessary
by the Village Clerk and/or Code Enforcement Officer.
[Added 1-3-2005 by L.L. No. 2-2005]
A.Â
No person(s) shall conduct a flea market, farmers'
market, fair or bazaar without first obtaining a flea market permit.
The hours of operation shall be conducted between the hours of 7:00
a.m. and 7:00 p.m.
B.Â
The following are required to be submitted as part
of the permit application:
(1)Â
The name, mailing address and telephone number of
the permit applicant.
(2)Â
The proposed date(s) of the event(s).
(3)Â
A properly completed flea market, farmers' market,
fair, or bazaar application form, which may be obtained from the Village
Clerk.
(4)Â
Any other information deemed appropriate and necessary
by the Village Clerk and/or Code Enforcement Officer.
(5)Â
An application fee in an amount set from time to time
by resolution of the Board of Trustees. Note: Municipal operations
and organizations for charitable, philanthropic, not-for-profit or
religious purposes are exempt from the fee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)Â
Proof of liability insurance if conducted on Village
property is necessary.
[Added 4-16-2012 by L.L. No. 4-2012]
A.Â
Failure to begin business. In the event that any person fails to
begin the conduct of any transient business at the place designated
in the permit issued in accordance with this chapter within 90 days
after the issuance of the permit, such person shall not thereafter
conduct any such transient business within the Village of Victor until
a new permit application, duly verified and containing the information
set forth in said section, and a new application fee have been filed
with the Village Clerk and a new permit has been issued.
B.Â
Place of conducting business. No person shall conduct a transient
business within the Village of Victor at any place other than that
designated in a permit issued in accordance with this chapter.
C.Â
Permit required; fee. No person shall engage in business as a transient
merchant unless he shall first have obtained a permit to do so from
the Village Clerk no later than five business days before the first
date of business.
D.Â
Permit application.
(1)Â
An application for a transient merchant's permit shall
provide the following information:
(a)Â
The name, mailing address and telephone number of the permit
applicant.
(b)Â
Copies of documents establishing the applicant's primary
residence or place of business, form of organization, ownership and
qualifications to do business in New York State.
(c)Â
A detailed description of the nature of the business and the
kind of goods or commodities he desires to sell.
(d)Â
The location where the applicant proposes to sell such merchandise
and the dates and times during which said business is to be conducted.
(e)Â
Any other information deemed appropriate and necessary by the
Village Clerk and/or Code Enforcement Officer.
(f)Â
The fees for a permit issued pursuant to this chapter shall
be as set forth from time to time by resolution of the Board of Trustees.
A fee schedule is available from the Village Clerk.
(2)Â
Permits hereunder shall state the place where business shall
be conducted and the dates and times when the business shall be conducted.
[Amended 4-16-2012 by L.L. No. 4-2012]
No peddler, vendeor, solicitor or transient business shall:
A.Â
Place, stack, station or otherwise maintain any goods, wares, merchandise,
signs or other items, other than a licensed vending unit, on the streets
or sidewalks or private property.
B.Â
Use public litter receptacles for the disposal of business-related
trash of the peddler, vendor, solicitor or transient business.
C.Â
Leave any vending unit unattended, at any time, on the streets or
sidewalks.
D.Â
Store, place or leave any vending unit overnight on the streets or
sidewalks.
E.Â
Use or operate any loudspeaker, public address system, sound amplifier
or other similar device to attract the attention of the public.
F.Â
Prohibited
places. A person shall not perform his or her respective acts and
occupations on any property owned or leased by the Village of Victor
(excluding public streets) or on any property where it is otherwise
prohibited by the owner of such property or by law unless and until
an application for a license has been submitted by the Village Clerk
and such license has been issued thereby.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.Â
Any person violating or failing to comply with any
of the provisions of this chapter shall, upon conviction thereof,
be subject to a fine of not more than $250 per occurrence or imprisonment
for a term not to exceed 15 days, or both.
B.Â
For purposes of sentencing, each violation of each
subsection of this chapter shall be considered a separate offense.
C.Â
A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
[Amended 11-15-2010 by L.L. No. 6-2010]
A.Â
Issuance.
Upon the receipt of a properly completed application and the fees,
the Village Clerk shall review the application, and, if granted, shall
issue the permit to the applicant.
B.Â
Eligibility.
No person listed on the New York State Sex Offender Registry and no
person convicted of a felony shall be eligible to receive a permit
or to be listed as a peddler on a permit.
C.Â
Denial.
The Village Clerk shall deny the application in the event the applicant
or any proposed peddler listed in the application shall have previously
violated this chapter.
D.Â
Revocation.
Permits found to be issued based on fraudulent documentation shall
be immediately revoked by the Village Clerk.
Any party who has had his or her permit application
denied or revoked may appeal the decision of the Village Clerk to
the Village Board.
[Amended 11-15-2010 by L.L. No. 6-2010; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Peddlers shall display identification and carry
a copy of the permit certified by the Clerk and present the permit
upon request.
Any material change in information, as submitted
in the current permit or registration application, must be reported
to the Village Clerk within 30 days of such change.
[Amended 10-20-2003 by L.L. No. 2-2003]
Permits are not valid for longer than a six-month
period. Permit renewals require a new application.
