[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:
FLEA MARKET, FARMERS' MARKET, FAIR, BAZAAR
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]
GARAGE SALE, TAG SALE OR YARD SALE
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]
PEDDLER
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
Person, business or entity.
[Added 10-20-2003 by L.L. No. 2-2003]
TRANSIENT BUSINESS
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]
VENDING UNIT
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. 
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. 
The following are required to be submitted as part of the permit application:
(1) 
The name, mailing address and telephone number of the permit applicant.
(2) 
The proposed date(s) of the permit.
(3) 
A properly completed peddler application form which may be obtained from the Village Clerk.
(4) 
Any other information deemed appropriate and necessary by the Village Clerk.
(5) 
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. 
Exemption to fee requirements.
[Added 11-15-2010 by L.L. No. 6-2010]
(1) 
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) 
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. 
A description of the vending unit to be licensed as a registered vending unit.
B. 
The name of the vending unit owner.
C. 
Signature of property owner, if different than applicant.
D. 
The date of vending unit registration expiration, if used on roadways.
E. 
A properly completed vending unit registration application form, which may be obtained from the Village Clerk.
F. 
Any other information deemed appropriate and necessary by the Village Clerk.
G. 
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. 
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. 
The following are required to be submitted as part of the permit application:
(1) 
The name, mailing address and telephone number of the permit applicant.
(2) 
The proposed date(s) of the sale(s).
(3) 
A properly completed garage sale application form, which may be obtained from the Village Clerk.
(4) 
Any signage must comply with the Sign Code and be approved by the Planning Board.
(5) 
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. 
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. 
The following are required to be submitted as part of the permit application:
(1) 
The name, mailing address and telephone number of the permit applicant.
(2) 
The proposed date(s) of the event(s).
(3) 
A properly completed flea market, farmers' market, fair, or bazaar application form, which may be obtained from the Village Clerk.
(4) 
Any other information deemed appropriate and necessary by the Village Clerk and/or Code Enforcement Officer.
(5) 
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) 
Proof of liability insurance if conducted on Village property is necessary.
[Added 4-16-2012 by L.L. No. 4-2012]
A. 
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. 
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. 
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. 
Permit application.
(1) 
An application for a transient merchant's permit shall provide the following information:
(a) 
The name, mailing address and telephone number of the permit applicant.
(b) 
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) 
A detailed description of the nature of the business and the kind of goods or commodities he desires to sell.
(d) 
The location where the applicant proposes to sell such merchandise and the dates and times during which said business is to be conducted.
(e) 
Any other information deemed appropriate and necessary by the Village Clerk and/or Code Enforcement Officer.
(f) 
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) 
Permits hereunder shall state the place where business shall be conducted and the dates and times when the business shall be conducted.
E. 
Exemptions. Nothing in this chapter shall be held to apply to any of the following:
(1) 
The sale of fruits and vegetables raised on the property where being sold.
(2) 
Persons operating a sale on behalf of any bona fide charitable and/or religious organization deemed to be in the public interest.
[Amended 4-16-2012 by L.L. No. 4-2012]
No peddler, vendeor, solicitor or transient business shall:
A. 
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. 
Use public litter receptacles for the disposal of business-related trash of the peddler, vendor, solicitor or transient business.
C. 
Leave any vending unit unattended, at any time, on the streets or sidewalks.
D. 
Store, place or leave any vending unit overnight on the streets or sidewalks.
E. 
Use or operate any loudspeaker, public address system, sound amplifier or other similar device to attract the attention of the public.
F. 
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. 
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. 
For purposes of sentencing, each violation of each subsection of this chapter shall be considered a separate offense.
C. 
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. 
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. 
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. 
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. 
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.