In this article "bingo" means and includes a specific game of chance, commonly known as bingo or lotto, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random.

(Code 1966, § 10-1)

Cross reference— Definitions and rules of construction generally, § 1-2.

State Law reference— Similar provisions, General Municipal Law, § 476(3).

It shall be lawful for any authorized organization, upon obtaining a license therefor, as hereinafter provided, to conduct the game of bingo within the territorial limits of the town, subject to the provisions of this article, the provisions of Article 14-H [§ 475 et seq.] of the General Municipal Law and the provisions of the Bingo Control Law [§ 430 et seq. of the Executive Law].

(Code 1966, § 10-2)

State Law reference— Local authorization of bingo, General Municipal Law, §§ 477, 478.

The town board delegates its functions under Article 14-H [§ 475 et seq.] of the General Municipal Law as follows:

(1)

The town clerk shall make the investigation required by Section 481 of the General Municipal Law and shall deliver to the town comptroller the application together with the supporting documents therefor and a detailed report as to the results of his investigation.

(2)

The town comptroller shall issue bingo licenses and shall transmit the sums required by subdivision 2 of section 481 of the General Municipal Law.

(3)

All other authority granted to the town board in relation to the issuance, amendment and cancellation of bingo licenses, the conduct of investigations and hearings, the supervision of the operation of the games and the collection and transmission of fees is delegated to the town supervisor.

(Code 1966, § 10-5)

State Law reference— Authority of town board to delegate its authority, General Municipal Law, § 498.

Bingo is authorized to be conducted on Sundays.

State Law reference— Authority to authorize Sunday bingo, General Municipal Law, § 485.

The words and terms used in this article shall have the same meanings as such words and terms are used in article 9-A [§ 185 et seq.] of the General Municipal Law, unless otherwise provided herein, or the context requires a different meaning. In this article, "officer" means the chief law enforcement officer of the town.

(Code 1966, § 12A-2)

Cross reference— Definitions and rules of construction generally, § 1-2.

State Law reference— Definitions generally, General Municipal Law, § 186.

Games of chance may be conducted in the town by an authorized organization, after obtaining a license therefor, in accordance with the provisions, requirements and limitations of article 9-A [§ 185 et seq.] of the General Municipal Law, the rules and regulations of the state racing and wagering board and this article.

(Code 1966, § 12A-3)

The conduct of games of chance on Sunday between 12:00 noon and 12:00 midnight is authorized, except otherwise provided in article 9-A [§ 185 et seq.] of the General Municipal Law.

(Code 1966, § 12A-2)

State Law reference— Authority to authorize Sunday games, General Municipal Law, § 195.

Any person violating any of the provisions of this article shall be punished as provided in section 1-7.

(L.L. No. 2 of 2002, § 1)

The provisions of this article do not apply to any person carrying on, or operating an antique furniture business in which antique furniture and other antique household articles are sold or offered for sale. It shall be unlawful for any person to operate a combined secondhand dealer/pawnbroker shop pursuant to the provisions of section 47 of the General Business Law.

(L.L. No. 2 of 2002, § 1)

(a)

No person, either as principal, agent or employee, shall, within the incorporated limits of the town, establish, engage in or carry on the business of a dealer in secondhand goods as defined herein, either separately or in connection with some other business, without first having obtained and paid for and having in full force and effect a license as provided by this article.

(b)

The fee for licenses issued under this article shall be fifty dollars ($50.00) per year.

(L.L. No. 2 of 2002, § 1)

For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section:

Dealer in secondhand goods means any person engaged in the commercial exchange, purchase and/or sale of the following secondhand articles: radios, televisions, household appliances (except for refrigerators, freezers, stoves/ranges, dishwashers and trash compactors), either electrical or mechanical, cameras, bicycles, electronic equipment, office furniture, business machines, jewelry, old gold, silver, platinum or other precious metals, firearms, rifles, shotguns, and any junk metal or secondhand material and including, but not limited to, PlayStation games such as Sony and Nintendo, DVD's, CD's, VCR's, musical equipment and remote control toys or similar merchandise.

Person includes the singular and the plural and shall also mean and include any person, firm, or corporation, association, club, co-partnership, society or any other organization.

(L.L. No. 2 of 2002, § 1)

Any person desiring to procure a license as herein provided shall file with the town clerk a verified application upon a blank form prepared by the town clerk and furnished by the town. Such application shall contain the following information:

(1)

Name, home address, phone number, date of birth and social security number of the applicant.

(2)

Business address of the applicant.

(3)

Telephone number of the business.

(4)

Name of the business.

(5)

Type of business (i.e. firm, partnership, association, corporation, etc.).

a.

If a partnership, names and addresses of all partners, both general and limited.

b.

If a corporation or association, names and addresses of all principal officers.

(6)

A statement as to whether or not the applicant, any partner or any principal officer has been convicted of any crime, or any violation of any municipal ordinance, the nature of the offense and the punishment or penalty thereof.

(7)

A certificate from the sealer of weights and measures of the County of Broome certifying that all weighing and measuring devices to be used by the applicant have been examined and approved pursuant to law.

(8)

A statement from the code enforcement officer that the location of said business complies with the Zoning Code of the town.

(L.L. No. 2 of 2002, § 1)

(a)

The town clerk shall send a copy of the above mentioned verified application to the chief of police of the town for investigation. The chief of police shall report findings, if any, to the town clerk within seven (7) business days of the receipt and filing of said application.

(b)

Upon receipt of the findings of the chief of police, the town clerk shall, except as set forth below, issue to the applicant a license as required herein.

(L.L. No. 2 of 2002, § 1)

(a)

In accordance with the legislative purpose of this article, no license shall be denied except when the applicant (s) and/or principal (s) of the business have submitted false information in connection with the application or have been convicted in a court of competent jurisdiction within five (5) years prior to the date of said application on any of the following:

(1)

Offenses involving damage to or intrusion upon property.

(2)

Offenses involving theft.

(3)

Offenses involving fraud.

(4)

Offenses against a person involving physical injury.

(5)

Violation of this chapter.

(6)

Offenses involving possession of stolen property.

(7)

Offenses involving children.

(8)

Offenses involving pornography.

(9)

Offenses involving weapons.

(10)

Offenses involving drugs.

(b)

However, the denial of a license for any above-enumerated grounds shall be consistent with the provisions of Article 23-A of the New York State Correction Law.

(c)

No license shall be issued to an applicant who does not agree to comply with all local laws, ordinances, rules and regulations of the town pertaining to the operation of a business or occupation.

(L.L. No. 2 of 2002, § 1)

(a)

Any applicant refused a license by the town clerk may apply, in writing within five (5) business days of such refusal to the town supervisor for a hearing on this application before a hearing officer designated by the town supervisor. The supervisor may, in his/her discretion, designate a permanent hearing officer for appeals under this section, or make such designations on an individual basis.

(b)

Rejection of an application based upon any of the grounds set forth in this local law shall create a rebuttable presumption that the applicant is not entitled to receive a license hereunder. Accordingly, the burden of proof shall be upon the applicant in the hearing.

(c)

The hearing officer shall explain his denial or approval of the application, in writing, to the town clerk and the applicant within five (5) business days of the hearing.

(d)

If the hearing officer grants the application, the town clerk shall issue the license.

(L.L. No. 2 of 2002, § 1)

All licenses issued pursuant to this article shall state clearly the following information:

(1)

The name and address of the licensee and the fee paid for the license;

(2)

The name and address of the business of the license;

(3)

The number of the license;

(4)

The date of issuance and expiration of the license.

(L.L. No. 2 of 2002, § 1)

All licenses issued under the provisions of this article shall automatically expire on December 31 following the date of issuance of such licenses.

(L.L. No. 2 of 2002, § 1)

It shall be the duty of the town clerk to keep a record of all applications and of all licenses granted under the provisions of this article, giving the number and date of each license, the name and residence of the persons licensed, the amount of the license fee paid and the date of revocation of all licenses revoked.

(L.L. No. 2 of 2002, § 1)

(a)

The town supervisor may revoke or suspend any license issued under the provisions of this local law for any of the following causes:

(1)

Fraud, misrepresentation or false statement contained in the application for the license.

(2)

Fraud, misrepresentation or false statement made in the course of carrying on the business licensed under this Code.

(3)

Any violation of the provisions of this article.

(4)

Conviction of the licensee or of any principal upon any of the grounds set forth in this local law.

(5)

Conducting the business licenses under this article in an unlawful manner or in such a manner as to contain a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

(L.L. No. 2 of 2002, § 1)

(a)

Any licensee whose license has been revoked or suspended by the town may apply in writing to the supervisor within five (5) business days of receipt of the notice of denial for a hearing on such revocation or suspension before a hearing officer to be designated by the supervisor. The supervisor may, in his/her discretion, designate a town officer as a permanent hearing officer for appeals under this section, or may make such designations on an individual basis.

(b)

Such application for a hearing shall stay the effect of any order of revocation or suspension until such time as the administrative appeal has been completed.

(c)

Said hearing shall be held within five (5) business days of the receipt of the request by the supervisor.

(d)

The hearing officer shall explain his affirmance or reversal of the revocation or suspension of the license, in writing, to the town clerk, the supervisor and the licensee within five (5) business days of the hearing.

(e)

The hearing officer shall have the power to modify any revocation or suspension upon such terms as are deemed equitable by him under the circumstances. In no event shall the hearing officer have the power to increase any penalty.

(f)

Revocation or suspension of a license upon any of the grounds set forth herein shall create a rebuttable presumption that the license was properly revoked or suspended except as provided below in subsection (g). Accordingly, the burden of proof shall be upon the applicant in the hearing.

(g)

Any revocation or suspension of a license upon the grounds that the licensee has been convicted of any offense involving the sale and/or possession of stolen property in relation to the place of business for which said license has been issued shall create an irrebuttable presumption that the revocation or suspension was proper, provided that an appropriate certificate of conviction has been entered as part of the record. In such cases, the hearing officer's powers shall be limited to reviewing the penalty as determined by the supervisor.

(L.L. No. 2 of 2002, § 1)

Every person to whom a license has been granted hereunder, while exercising his license, shall exhibit said license upon request of an individual.

(L.L. No. 2 of 2002, § 1)

A license issued under the provisions of this article shall not be assignable. Any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any other person, shall each be guilty of a violation of this article.

(L.L. No. 2 of 2002, § 1)

No license shall be issued under the provisions of this article to a person under eighteen (18) years of age unless the parent or legal guardian of any such minor is a co-applicant with such minor for a license under this article.

(L.L. No. 2 of 2002, § 1)

No applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least six (6) months shall have elapsed since the last previous rejection or revocation, unless the applicant can show that the reason for such rejection no longer exists.

(L.L. No. 2 of 2002, § 1)

(a)

Changing place of business. If any licensee shall move his place of business from the place designated in the license, he shall immediately give notice to the town clerk and have the same endorsed on. No licensee shall carry on business at any other place than the one designated in the license.

(b)

Cooperation with the police. It shall be the duty of every licensee or their employee to cooperate with any police agency in preventing the sale or exchange of stolen property. If a licensee has reason to believe that an attempt is being made to sell stolen property, he shall notify the police department at once.

(c)

Lost or stolen property.

(1)

If any article shall be advertised in the newspaper designated by the Town for the publication of legal notices as having been lost or stolen, and if any goods or articles answering such advertised description or any part thereof shall be in or come into possession of any dealer in secondhand goods, upon receiving actual written or oral notice of the similarity of the description of such articles, such dealers shall immediately give information relating thereto to the police.

(2)

No disposition of such articles shall be effected until authorization to do so shall be given to such dealer by the police.

(3)

A dealer in secondhand goods, when notified by the police that property in his possession is stolen or alleged to be stolen, shall take immediate steps to secure that property, and such items shall be marked "police stop". Thereafter, such property shall not be sold or removed from the premises until notification is made to the dealer, in writing, by the police allowing such removal or sale. Whenever practicable, the police shall personally render such notification within twenty-four (24) hours of the marking of the police stop.

(d)

Records of purchases to be kept by licensee.

(1)

Every dealer in secondhand articles shall keep a bound book of consecutively numbered transactions in which shall be legibly written in English at the time of every purchase or receipt of secondhand goods from a person, the following information:

a.

The date of the transaction.

b.

The name and address of the person from whom goods are purchased, including a written record of the amount paid to the seller for the above described goods purchased.

c.

Proof of identity as prescribed herein. Only the following shall be deemed acceptable evidence of identity:

1.

U.S. Passport;

2.

Photo driver's license;

3.

Photo Sheriff's ID;

4.

Photo college ID.

(2)

Every dealer in secondhand goods who receives secondhand articles on consignment shall keep a record, in the above-prescribed book, describing the articles and the name and description of the person such items are received from as prescribed in subsection (d)(1).

(3)

Such records shall be kept on the business premises of a secondhand dealership or at a place so designated on the duly approved license at all times during normal business hours. Such records shall be open during normal business hours to inspection by members of any police agency or any person duly authorized in writing by the chief of police for such purposes who shall exhibit such written authority to the dealer and with proper ID as stated in subsection 12-108(d)(1)c.

(e)

Retention of records. All records to be kept under subsections (a) through (d), inclusive shall be kept by the licensee for a period of at least two (2) years from the date said record was made.

(f)

Restriction on purchases from children; exceptions.

(1)

No person licensed under this article shall receive or purchase any goods, chattels, wares or merchandise from any child under the age of eighteen (18) years. However, such purchases may be made if said child is accompanied by his or her parent, or legal guardian and with proper identification as required herein.

(2)

It shall be no defense to a prosecution for a violation of this section that, in the transaction upon which the prosecution is based, the child acted as the agent or representative of another or that the defendant dealt with such child as the agent or representative of another.

(L.L. No. 2 of 2002, § 1)

Each licensee under the provisions of this article shall not collect or purchase junk, metal or secondhand materials from any person between the hours of 9:00 p.m. and 7:00 a.m.

(L.L. No. 2 of 2002, § 1)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Entertainment and live entertainment means every form of live musical entertainment.

Licensee means any person to whom a license has been issued under this article.

(Code 1966, § 18-38)

Cross reference— Definitions and rules of construction generally, § 1-2.

The town board recognizes that the furnishing of live entertainment is a legitimate business but that it can become a public nuisance. This article shall be deemed an exercise of the police powers of the state and of the town, for the protection of the peace, safety, health, convenience and general welfare of the people of the town and all of its provisions shall be liberally construed to accomplish that purpose.

(Code 1966, § 18-37)

No person shall provide or permit any live entertainment on any property, either indoors or outdoors, for which an admission fee is charged or a donation is required and/or at which alcoholic beverages are sold, without first obtaining and maintaining in effect at all times and posting in a conspicuous place a license for live entertainment from the town.

(Code 1966, § 18-39)

A license for live entertainment shall not be required of or for live entertainment performed on the property, with permission of the property owner, of any educational institution (including the state university, Vestal Central School District and private schools), the town, any other municipal corporation or any church.

(Code 1966, § 18-40)

Applicants for live entertainment licenses shall file a written, signed and acknowledged application with the town clerk, together with the required fee, showing:

(1)

The names, addresses, mailing addresses (if different) and telephone numbers of the applicant, the owner or operator, manager and the owner of the real property.

(2)

All names under which the business is conducted.

(3)

Whether alcoholic beverages are sold on the premises and, if so, the alcoholic beverage control board license number and date of its issuance.

(4)

A reasonable description of the type of entertainment to be carried on.

(5)

A floor plan of the building, including the location of any stage or of the entertainment and the seating capacity.

(6)

The dates, days of the week, hours and location where the entertainment is proposed.

(7)

Whether the applicant has ever had a license hereunder suspended, restricted, conditioned or terminated, setting forth the details; whether the owner, operator or manager of the applicant, or any partner or stockholder or director thereof, has ever had a license hereunder suspended, restricted, conditioned or terminated.

(8)

Such other information as the town may require to facilitate the enforcement of this article.

(Code 1966, § 18-41)

No license fee shall be required for a license issued solely by the town clerk for a period of less than one (1) month, but not more than two (2) free licenses shall be issued to the same person or for the same property in any calendar year. A fee of fifty dollars ($50.00) shall be charged for other licenses issued solely by the town clerk. A license fee of seventy-five dollars ($75.00) shall be charged for licenses for indoor live entertainment approved by the town board, and the fee specified in section 12-49 shall be charged for licenses for outdoor live entertainment. The application fee or renewal fee shall be paid to the town with the application. Licenses issued hereunder shall expire on December 31 at 12:00 midnight of the year for which they were issued unless issued for a lesser period or sooner revoked. Applications for renewal of licenses which can be issued by the town clerk which are not filed at least five (5) days before the expiration of the existing license may be delayed in issuance, at the discretion of the town clerk, up to five (5) days after the filing of the application. A renewal application which can only be issued by town board will become effective as of the date specified by the town board, which date may be subsequent to the expiration of the existing license and may be retroactive to a date prior to the final action by the town board, at the discretion of the town board. The town board or town supervisor may waive or reduce the fee where the application is for a permit for only a portion of the year.

(Code 1966, § 18-42; L.L. No. 6 of 1989, § 1)

Whenever an application is made by a licensee whose license has been suspended, terminated, restricted or conditioned under section 12-133, or whenever the application is for outdoor live entertainment, the town clerk shall not issue a license unless and until authorized by the town board to do so. The limitations shall also apply where any owner, operator, manager, partner or stockholder or director of the applicant was connected in any of the ways with any person whose license hereunder was so suspended, terminated, restricted or conditioned. Applicants and licensees for putdoor live entertainment shall comply with all of the requirements of article III of this chapter. Before issuing any license the town clerk shall confer with the town supervisor and the police department to ascertain whether they have any information which would require that the application be referred to the town board. The town board may:

(1)

Issue the license, subject to such conditions and restrictions it deems appropriate to assure compliance with this article, if it finds that the operation of the entertainment by the applicant can be expected to be consistent with the peace, health, convenience and general welfare of the public and in compliance with the terms of the license, this local law and all other applicable laws, codes, rules and regulations pertaining to noise, structural, fire and safety requirements and can be expected not to be a nuisance, hardship or burden upon nearby properties.

(2)

Deny the license if it does not make said finding, in which event the town shall give the applicant notice pursuant to section 12-133 that the application has been denied but that the applicant may request a hearing before the town board to appeal the denial. Following the hearing, the town board may grant the license, subject to such conditions and restrictions as it deems appropriate to assure compliance with this article, if it then makes the finding, or deny the application if it does not make the finding. The town board shall be deemed to have made the finding in any case where it grants the license and shall be deemed to have not made the finding in any case where it denies the application.

(Code 1966, § 18-43)

Whenever the town board makes a finding of probable cause that a licensee is in violation of this article or any other applicable laws, codes, rules and regulations pertaining to noise, structural, fire and safety requirements, the town board may take any one (1) or more of the following actions:

(1)

Direct that any act which is in such violation or apparent violation cease immediately.

(2)

Direct immediate action to comply with the license and/or this article and any other such laws, codes, rules and regulations.

(3)

Suspend the licensee's license for any period of up to fifteen (15) days.

(4)

Add permanent restrictions and/or conditions to the license to correct any condition deemed to violate the license and/or this article or any other applicable laws, codes, rules and regulations pertaining to noise, structural, fire and safety requirements.

(5)

Notify the licensee to appear before the town board to show cause why the license should not be suspended for a period in excess of fifteen (15) days or terminated.

(Code 1966, § 18-44)

(a)

Whenever an application for a license is denied or is restricted or conditioned or suspended under section 12-133, the town shall serve a notice upon the applicant/licensee, owner, operator, manager or director, which shall state or be accompanied by the following statement: "The applicant may request an appeal hearing before the Town Board by delivering a written request therefor to the Town Clerk within seven (7) days of personal service or ten (10) days after service by registered or certified mail." The suspension, restriction or condition will go into effect automatically upon expiration of the time to appeal, unless a notice of appeal is timely delivered to the town clerk for a request for a hearing. A request for a hearing shall be signed by the licensee or applicant and shall state his address, that a hearing is requested and the facts and law relied upon by the licensee or applicant.

(b)

Whenever the town directs a licensee to show cause why his license should not be suspended for more than fifteen (15) days or terminated or whenever a licensee or applicant delivers to the town clerk a timely request for an appeal hearing, the town shall give the appealing party at least five (5) days' written notice of the time and place of such hearing, but the appealing party may waive the five-day notice provision by filing a written waiver thereof with the town clerk.

(Code 1966, § 18-45)

It shall be grounds for suspending, restricting, conditioning or terminating a license or denying an application for a license that any licensee, his agent or employee or any person connected or associated with the licensee as a partner, director, officer, stockholder, general manager or person who is exercising managerial authority of or in behalf of the licensee or any entertainer acting under the authority of such licensee:

(1)

Violated any provisions of this article or any other applicable statute, code, rule or regulation pertaining to noise, structural, fire or safety requirements, even though no charge of such violation is made or conviction therefor is made; or

(2)

Made any false, misleading or fraudulent statement of a material fact in the application for a license or any report or record required to be kept or filed with the town; or

(3)

Operates the establishment in a manner so as to be detrimental to the health, welfare, safety and comfort of the residents of the town or so as to be a nuisance, hardship or burden upon nearby property; or

(4)

Causes or permits to be caused any entertainment which causes a disturbance or permits or causes any loud or unnecessary or unusual noise which when made or continued to be made either annoys, disturbs, injures or endangers or tends to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of other persons or the public.

(Code 1966, § 18-46)

No license issued under this article shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued, nor shall such license be used or displayed at any location other than the location stated in the license.

(Code 1966, § 18-46.1)

Upon request by any authorized official the license issued under this article shall be produced for inspection, restriction, conditions, suspension or termination, as the case may be.

(Code 1966, § 18-46.2)

When any material fact contained in the application for any outstanding license changes, the licensee shall notify the town clerk in writing of the change within fifteen (15) days thereof.

(Code 1966, § 18-46.3)

The town board may waive any of the provisions of this article in cases when it deems such waiver appropriate.

(Code 1966, § 18-46.4)

The town reserves the right to enter on a property where an apparent violation of the provisions of this article exists to determine the nature and extent thereof.

(Code 1966, § 18-46.5(E))

It shall be unlawful for any person to conduct or operate a farmers market on town property or any public property without first obtaining a license from the town clerk.

(L.L. No. 4 of 1991, § 1)

The applicant for a license required by this article shall include the following:

(1)

Full name, address and telephone number of the applicant for the past three (3) years.

(2)

Location of farmers market space.

(3)

General description of goods to be sold.

(L.L. No. 4 of 1991, § 1)

The application shall be accompanied by a fee of twenty-five dollars ($25.00) for each space of twenty (20) feet by twenty (20) feet.

(L.L. No. 4 of 1991, § 1)

The fee shall be an annual fee.

(L.L. No. 4 of 1991, § 1)

In this article, "promotional event" means any business or organization established within the county conducting an event involving one (1) or more vendors in a store, planned shopping center, hotel or building, including both indoors and outdoors, for the sale, auction, offering of goods for present or future sale, wares or merchandise for a temporary period of time. Sale of real estate is excluded. All auctioneers, wherever located, are hereby specifically included.

(L.L. No. 2 of 1996, § 1)

It shall be unlawful for any person to conduct or operate a promotional event within the town without first obtaining a license from the town clerk. Each promotional event shall require one (1) license.

(L.L. No. 2 of 1996, § 1)

The application for a license required by this article shall include a statement verified by the person or persons who will conduct such business; and, if a corporation, by the president and treasurer thereof, containing the following information:

(1)

The full name, address and telephone number of such person, and if a corporation, the state under the laws of which organized, the exact location of the principal office and place of business, and the names and addresses of the officers.

(2)

The exact nature and location of the business engaged in by such persons during the five (5) years immediately preceding the filing of such statement, and in the case of a corporation organized less than five (5) years, since its organization.

(3)

The exact location within the town where such promotional event is to be conducted.

(4)

The date on which such person intends to begin doing such business within the town.

(5)

New York State Sales Tax ID Number.

(L.L. No. 2 of 1996, § 1)

The fee for a license required under this article shall be five hundred dollars ($500.00) per month.

(L.L. No. 2 of 1996, § 1)

Burning barrel: Any container of any description used for the purpose of burning garbage, rubbish or refuse items.

Combustible material: Material or a combination of materials which will burn, ignite, support combustion or liberate vapor or gas.

Controlled fires: Fires that are contained in either an outdoor grill, fireplace, barbecue pit or smoker, or a recreational fire used for the purposes of preparing food and do not create a nuisance or hazard.

Deputy fire marshal: Fire official of the Vestal Volunteer Fire Department designated as "deputy fire marshal" by the town board.

Fire marshal: Fire official of the Vestal Volunteer Fire Department designated as "fire marshal" by the town board.

Fire marshal designee: The fire marshal designee shall be a member of the Vestal Volunteer Fire Department who is designated by the fire marshal, by written form signed and dated by the fire marshal, stating the time period that the designee is authorized to issue burning permits.

Garbage: Putrescible animal and vegetable wastes resulting from handling, preparation, cooking and consumption of food.

Nuisances: Any condition which would reasonably be expected to be offensive or objectionable to people on adjacent properties, using nearby properties or on the public right-of-way, and any condition generally within the common law definition of a nuisance, public or private. Without limiting the foregoing in any way, the term "nuisance" shall be deemed to include any condition resulting in any one (1) or more of the following:

(1)

The presence of smoke or obnoxious odors, which are created by a fire onto or across adjacent or nearby properties or the public right-of-way.

(2)

The presence of ashes or other airborne debris or other obnoxious substances created by an open fire, which are deposited onto or across adjacent or nearby properties or the public right-of-way.

Obnoxious odors or substances: Any odors or substances that are generated by an open fire that are or could be objectionable to the property owners of adjacent or nearby property or to users of the public right-of-way.

Open fire: Any fire that is not a controlled fire as defined in this section.

Recreational fire: Any small controlled fire used to prepare food.

Refuse: All putrescible and nonputrescible solid or liquid wastes, including garbage, rubbish, ashes, street cleanings, dead animals, and solid or liquid market and industrial wastes.

Rubbish: Nonputrescible solid or liquid consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, plastic material, rubber, tires, tar paper, metals, wire, oils, paints, solvents, any hazardous wastes or materials, grass cuttings, leaves, cloth material, clothing, bedding material, glass, crockery and similar materials.

(L.L. No. 10 of 1997, § 1)

Fires requiring a burning permit: All fires for the purpose of burning brush, branches or scrap lumber shall require a burning permit issued by the town fire marshal, deputy fire marshal or the fire marshal's designee.

Fires that do not require a burning permit are controlled fires.

Fires that are prohibited are any fires of any size in which garbage, rubbish or refuse is being burned.

(L.L. No. 10 of 1997, § 1)

All burning permits are to be issued by the town fire marshal, the deputy fire marshal or the fire marshal's designee on a pre-printed form supplied by the town fire department.

(1)

Burning permits may be issued for a period not to exceed thirty (30) calendar days. Any burning permit may be suspended at any time by the fire marshal, deputy fire marshal, or the fire marshal's designee during any dry condition or any other conditions which are deemed hazardous.

(2)

All open fires shall be in compliance with this local law, Section 168.22 of the Broome County Charter and Code and with Part 215 of the Environmental Conservation Rules and Regulations of the State of New York concerning open fires and air resources.

(3)

All open fires shall be attended to at all times by a person eighteen (18) years of age or older.

(4)

All open fires shall be at least fifty (50) feet from any structure.

(5)

The maximum size of the fire and the material to be burned shall not exceed four (4) feet wide, four (4) feet long and four (4) feet high. Larger fires may be permitted at the discretion of the fire marshal, deputy fire marshal or the fire marshal's designee.

(6)

There shall be a ten-foot buffer area around and above the fire area which shall not contain any combustible material or dried vegetation.

(7)

At all times while the fire is burning, there shall be adequate extinguishing agents (buckets of water, garden hose connected to a water supply, loose sand and/or dirt, shovel, rake, fire extinguisher or other extinguishing agents) within twenty (20) feet of the fire.

(8)

After the burning permit has been issued, the fire department must be notified before each open fire and also must be notified when the open fire is completely out.

(L.L. No. 10 of 1997, § 1)

In addition to the grounds for suspension of a burning permit as stated in section 12-246(1) of this chapter, the fire marshal, deputy fire marshal, the fire marshal designee or an officer of the police department may suspend or revoke any burning permit at any time upon determination that any section of this ordinance or condition of the permit is being violated or if a nuisance is being created.

(L.L. No. 10 of 1997, § 1)

Any person who shall violate this article shall be punished as provided in section 1-7.

(Code 1966, § 7-8)

No person shall conduct out-of-doors, in tents or in any other temporary structure, any carnival, circus, rodeo, or similar exhibition or performance whether or not admission therefor is charged without a permit.

(Code 1966, § 7-2)

An application for a permit for a carnival, circus, rodeo, or similar exhibition or performance shall be in writing and shall be signed by the sponsor of such exhibition or performance and shall be filed with the town clerk for consideration by the town board. The application shall state the name and address of the applicant, the name and address of the person who will stage the exhibition or performance and the place where and time when the exhibition or performance will be staged.

(Code 1966, § 7-3)

A public hearing must be held prior to the issuance of a permit required by this division by the town board for any exhibition or performance. The town clerk shall give ten (10) days' notice of such hearing by the publication of a notice in at least one (1) newspaper circulating in the town, specifying the time when and the place where such hearing will be held, in general terms the nature of the exhibition or performance which is to be staged, the sponsor, and the place where and time when the exhibition or performance is to be staged.

(Code 1966, § 7-4)

Before granting and issuing a permit for conducting a carnival, circus, rodeo, or similar exhibition or performance, the applicant therefor, or the person who is to conduct such exhibition or performance, shall file a bond in a sum to be fixed by the town board, conditioned for the payment of all damages which may be caused to person or persons or to property arising by reason of the exhibition or performance so permitted and arising from any acts of the permittee, his agents, employees, contractors or subcontractors or the person who is to conduct the exhibition or performance. The bond shall run to the town and shall be for the use and benefit of any person or any owner of any property so injured or damaged. Such person or owner shall be authorized to maintain an action thereon, which right of action also shall accrue to the heirs, executors, administrators, successors or assigns of such person or owner. The town may accept, in lieu of a bond, an indemnity insurance policy with liability coverage and indemnity protection equivalent to the terms and conditions upon which the bond is predicated and for the purposes provided in this section.

(Code 1966, § 7-5)

For each permit for a carnival, circus, rodeo, or similar exhibition or performance, for each week or any portion thereof, there must be deposited with the town clerk, upon the filing of the application, the sum of one hundred dollars ($100.00). Such sum shall be retained by the town in the event that the permit is granted. If the permit is denied or withdrawn by the applicant after the publication of the notice of public hearing, fifty dollars ($50.00) of such fee shall be retained by the town and the balance returned to the applicant.

(Code 1966, § 7-6)

The town board shall issue all permits under the provisions of this division, which shall be signed by the supervisor and countersigned by the town clerk, and the latter shall keep a record thereof. A permit shall be issued to or for only such persons as the town board shall deem to be fit and proper to conduct the exhibition or performance for which such permit is required.

(Code 1966, § 7-7(A))

The supervisor may suspend any permit granted under the provisions of this division until the next meeting of the town board, and thereupon such permit may be continued or revoked by the town board for good cause after notice to the applicant. Whenever any permit shall be revoked by the town board, notice of such revocation shall be served by the town clerk upon the applicant, either personally or by mail, whereupon such permit shall be of no force or effect.

(Code 1966, § 7-7(B))

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Established place of business means and includes a building, commercial or residential, in which or where a person transacts business and deals in goods, wares, merchandise or services, which shall have been in operation for at least ninety (90) days.

Person means and includes one (1) or more person(s), a firm, limited liability company, partnership, a corporation or any individual representative or agent thereof with proper identification (ID), such as a driver's license or photo ID with proper addresses.

Solicitor means and includes any person who, by going door to door or by standing in any street or public place:

(1)

Offers to sell merchandise, wares or other goods.

(2)

Takes orders for the future delivery of merchandise, wares or other goods.

(3)

Offers to purchase goods, wares or other articles of value.

(4)

Offers to perform services immediately or at any future date or offers to make, manufacture or repair any article or thing whatsoever for future delivery.

(5)

Offers to make a future appointment for any of the above purposes.

For the purpose of this chapter, the following terms shall be considered synonymous with solicitor: "hawker," "peddler," "itinerant merchant," "transient vendor," "surveyor," and "door-to-door salesman."

(L.L. No. 3 of 1999, § 2; L.L. No. 4 of 2008, § 1; L.L. No. 5 of 2024, § 1)

Any person who violates this article shall be punished as provided in section 1-7.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

(a)

Nothing in this article, with the exception of sections 12-159 through 12-166, shall be held to apply to:

(1)

Any sales conducted pursuant to statute or by order of any court.

(2)

Any person selling personal property at wholesale to dealers in such articles.

(3)

Farmers or truck gardeners of the town who themselves, or through their employees, vend, sell or dispose of products of their own farms and gardens, at the farm premises, or to persons licensed pursuant to section 32 of the General Business Law.

(4)

Legal not-for-profit organizations conducting direct sales.

(5)

Property owners with established businesses in the Town of Vestal.

(6)

Honorably discharged United States veterans.

(b)

This article shall also not apply so as unlawfully to interfere with interstate commerce.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

A licensed hawker, peddler or solicitor shall not falsely or fraudulently misrepresent the quality, character or quantity of any article offered for sale, or offer for sale any unwholesome, tainted or diseased provisions or merchandise.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

Each hawker, peddler or solicitor shall keep the vehicle and receptacles used by him in clean and sanitary condition, and the sale or peddling of any foodstuffs and edibles shall be subject to the rules and regulations of the county health department.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

No peddler, hawker or solicitor shall blow a horn, ring a bell or use any other noisy device to attract public attention to his wares, or shout or cry out his wares between the hours of 9:00 p.m. and 9:00 a.m. daily.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

(a)

No peddler, hawker or solicitor shall stand or permit the vehicle used by him to stand in any one (1) place in any public place or street for more than ten (10) minutes.

(b)

No peddler, hawker or solicitor shall stand or permit the vehicle used by him to stand within twenty (20) feet from any highway boundary or public street, except as provided in subsection (a).

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

It shall be unlawful for any peddler, hawker or solicitor to sell any confectionery or ice cream within two hundred fifty (250) feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

No peddler, hawker or solicitor shall permit any behicle used by him to stop or remain on any crosswalk.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

It shall be unlawful for any peddler, hawker or solicitor to create or maintain any booth or stand, or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

Every vehicle used by a licensed hawker, peddler or solicitor in or about his business shall have the name of the licensee and his address plainly, distinctly and legibly painted in letters and figures at least two (2) inches in height in a conspicuous place on each side of every such vehicle, and such name and address shall be kept so painted plainly and distinctly at all times while such vehicle is in use during the continuance of the license.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

All orders taken by licensed solicitors who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance and one (1) copy shall be given to the purchaser at the time the deposit of money is made to the solicitor.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

(a)

Door to door solicitation shall be prohibited on Sundays. On all other days, door to door solicitation shall be permitted only between the hours of 9:00 a.m. and 5:00 p.m.

(b)

Door to door solicitations by organizations set forth in section 12-158 shall be prohibited on Sunday. For such organizations on all other days solicitation shall be permitted between 9:00 a.m. and 7:00 p.m.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

Outdoor burning and cooking which causes smoke is hereby prohibited unless done inside the vehicle and adequate filtration of smoke is provided, except as may be allowed by town board approval.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

No sign shall be displayed within twenty (20) feet from any highway, street or boundary. Only one (1) sign which shall not exceed four (4) feet by four (4) feet may be displayed.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

All peddlers, hawkers and solicitors shall deposit with the town one hundred dollars ($100.00) to assure cleanup. The deposit shall be returned at the end of the term of the permit provided that all sites have been left clean of any debris.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

It shall be unlawful for any person, within the limits of the town, to act as a hawker, peddler or solicitor without first having obtained and having in force and effect a license therefor. The license includes the right to use only one (1) vehicle and/or trailer in carrying on the licensed business.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

(a)

Any person desiring to procure a license under the provisions of this division shall file with the town clerk a written application upon a blank form prepared by the town clerk and furnished by the town. The application shall give:

(1)

The type of vehicle and/or trailer to be used by the applicant in carrying on the business for which the license is desired.

(2)

The kind of goods, wares and merchandise the applicant desires to sell or the kind of service the applicant desires to perform, and the method of distribution.

(3)

The name, address and age of the applicant.

(4)

The name and address of the person he represents.

(5)

The length of time the applicant desires the license.

(6)

Honorably discharged United States veterans shall provide a current copy of their New York State drivers license and permit from New York State.

(7)

New York State sales tax number.

(8)

Written proof of permission, on company letterhead, to use private property.

(9)

A description of provisions for garbage disposal.

(10)

Bathroom facilities.

(11)

Name and address of everyone working under the license.

(12)

Such other information as may be required by the town clerk.

(13)

When goods or services are offered from a specific place or business or property within the Town of Vestal, a site plan showing the exact location of the goods and services, together with proof of setback of at least fifteen (15) feet from the property line shall be shown.

(b)

The application shall be accompanied by a certificate from the sealer of weights and measures of the county certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

(a)

Upon the filing of the application for a license required by this division and the required certificate, the town clerk shall, upon her approval of the application, issue to the applicant a license signed by the town clerk. Except as otherwise provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. No license shall be granted to a person under sixteen (16) years of age. No applicant to whom a license has been refused or who has had a license which has been revoked shall make further application until a period of at least six (6) months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for rejection no longer exists. Applications can be denied for just cause.

(b)

All licenses shall be recorded and kept for that purpose, numbered in the order in which they are issued and shall state clearly the kind of vehicle to be used, the kinds of goods, wares and merchandise to be sold or service to be rendered, the number of the license plate, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

Whenever a license shall be lost or destroyed on the part of the holder of his agent or employee, a duplicate in lieu therefor under the original application may be issued by the town clerk upon the filing with her by the licensee of an affidavit setting forth the circumstances of the loss, and what, if any, search has been made for its recovery.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

The fee for a license shall be as follows:

(1)

Any hawker, peddler or solicitor may apply for a daily license at a rate of fifty dollars ($50.00) per day. Long term seasonal vendors shall pay a fee of one-hundred dollars ($100.00), for the season, upon approvals from the Town of Vestal.

(2)

Any duly organized or incorporated local, civic or not for profit corporation may obtain a license for no charge upon presentation to the town clerk of proof of same, and license to be effective for no more than seven (7) days from date of issuance.

(L.L. No. 3 of 1999, § 2; L.L. No. 15 of 2006, § 1; L.L. No. 5 of 2024, § 1)

Editor's note— Local Law No. 15 of 2006, § 2, adopted December 13, 2006, repealed § 12-186 in its entirety, which pertained to expiration, and derived from Local Law No. 3 of 1999, § 2.

Each peddler, hawker or solicitor, while acting as such, shall carry the license issued pursuant to this article and shall display it upon demand.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

A license issued pursuant to this article is not assignable to any other person. No holder of a license shall allow it to be used by another person. No person shall use a license issued to another person.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

It shall be the duty of the town clerk to keep a record of all applications and of all licenses granted under the provisions of this division, giving the number and date of each license, the name and residence of the persons licensed, the amount of the license fee paid and also the date or revocation of all licenses revoked.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

Whenever an application is made by a licensee whose license has been suspended, terminated, restricted or conditioned under section 12-191, the town clerk shall not issue a license unless and until authorized by the town board to do so. The limitations shall also apply where any owner, operator, manager, partner or stockholder or director of the applicant was connected in any of the ways with any persons whose license hereunder was so suspended, terminated, restricted or conditioned. Before issuing any license, the town clerk shall confer with the supervisor and the police department to ascertain whether they have any information which would require that the application be referred to the town board. The town board may:

(1)

Issue the license, subject to such conditions and restrictions it deems appropriate to assure compliance with this article, if it finds that the operation of the applicant can be expected to be consistent with peace, health, convenience and general welfare of the public and in compliance with the terms of the license, this local law and all other applicable laws, codes, rules and regulations.

(2)

Deny the license, in which event the town shall give the applicant notice that the application has been denied, but the applicant may request a hearing before the town board to appeal the denial. Following the hearing, the town board may grant the license, subject to such conditions and restrictions as it deems appropriate to assure compliance with this article, if it then makes the finding, or deny the application if it does not make the finding. The town board shall deemed to have made the finding in any case where it grants the license, and shall be deemed to have not made the finding in any case where it denies the application.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

Whenever the town board makes a finding of probable cause that a licensee is in violation of this article or any other applicable law, codes, rules and regulations, or has received three (3) or more complaints from residents, the town board may take any one (1) or more of the following actions:

(1)

Direct that any act which is in such violation or apparent violation cease immediately.

(2)

Direct immediate action to comply with the license and/or this article and any other such laws, codes, rules and regulations.

(3)

Suspend the licensee's license for any period of up to fifteen (15) days.

(4)

Notify the licensee to appear before the town board to show cause why the license should not be suspended for a period in excess of fifteen (15) days or terminated.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

(a)

Whenever an application for a license is denied or is restricted or conditioned or suspended under section 12-190, the town shall serve a notice upon the applicant/licensee, owner, operator, manager or director, which shall state or be accompanied by the following statement: "The applicant may request an appeal hearing before the town board by delivering a written request therefor to the town clerk within seven (7) days of personal service or ten (10) days after service by registered or certified mail." The suspension, restriction or condition will go into effect automatically upon expiration of the time to appeal, unless a notice of appeal is timely delivered to the town clerk for a request for a hearing. A request for a hearing shall state his address, that a hearing is requested and the facts and law relied upon by the licensee or applicant.

(b)

Whenever the town directs a licensee to show cause why his license should not be suspended for more than fifteen (15) days or terminated, or whenever a licensee or applicant delivers to the town clerk a timely request for an appeal hearing, the town shall give the appealing party at least five (5) days' written notice of the time and place of such hearing, but the appealing party may waive the five-day notice provision by filing a written waiver with the town clerk.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

It shall be grounds for suspending, restricting, conditioning or terminating a license or denying an application for a license that any licensee, his agent or employee or any person connected or associated with the licensee as a partner, director, officer, stockholder, general manager or person who is exercising managerial authority of or in behalf of the licensee:

(1)

Violated any provision of this article or any other applicable statute, code, rule or regulation pertaining to noise, fire or safety requirements, even though no charge of such violation is made or conviction therefor is made; or

(2)

Made any false, misleading or fraudulent statement of a material fact in the application for a license or any report or record required to be kept or filed with the town; or

(3)

Engages in a course of conduct that disturbs or annoys three (3) or more residents of the town.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

No license issued under this article shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued, nor shall such license to whom it was issued, nor shall such license be used or displayed at any location other than the location stated in the license.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

There shall be no peddling or soliciting from an established place of business or vacant lot for more than thirty (30) days in any calendar year unless prior approval from the Town of Vestal town board is received.

(L.L. No. 3 of 1999, § 2; L.L. No. 5 of 2024, § 1)

In this article "transient retail business" means a business conducted in a store, hotel, house, building or structure for the sale of or offer to purchase goods, wares or merchandise, except food products, and which is intended to be conducted for a temporary period of time and not permanently. If the place in which the business is conducted is rented or leased for a period of six (6) months or less, such fact shall be presumptive evidence that the business named or carried on therein is a transient business.

(Code 1966, § 18-50; L.L. No. 4 of 2008, § 2)

Cross reference— Definitions and rules of construction generally, § 1-2.

The provisions of this article shall not apply to:

(1)

Sales in a residence when the retail merchant has a permanent residence within the town.

(2)

Door-to-door sales.

(Code 1966, § 18-51)

(a)

A tax is hereby levied upon all persons now conducting or who may hereafter conduct a transient retail business within the town.

(b)

The tax imposed pursuant to subsection (a) of this section shall be based upon the gross amount of sales by the transient retail merchant and shall be at the same rate as other property is taxed for the y ear in the town; provided, however, that if at the time such tax becomes due and payable the tax rate for the current year of the town has not been fixed, the same shall be the rate for the immediately prior year.

(Code 1966, §§ 18-54, 18-55)

State Law reference— Tax on transient merchants authorized, General Municipal Law, § 85-a.

No person shall conduct a transient retail business within the town at any place other than that named in the statement filed by him in the office of the town clerk.

(Code 1966, § 18-59)

The town clerk, any town police officer and any other officer of the town designated by the town supervisor or town board for such purpose shall have the power and authority to enter any store or building in which a 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 and shall at all times have access to the books of such business.

(Code 1966, § 18-61)

Every person conducting such transient retail business shall on Monday of each week present or mail to the town clerk at his office a verified statement showing the total sales made during the preceding week and the amount of stock of merchandise in such person's possession for sale at the closing of business on the preceding Saturday, and shall pay on Monday of each week, in person or by mail, to the town clerk the amount of tax as hereinbefore provided, for sales made during the previous week.

(Code 1966, § 18-62)

In the event that the vendor fails to file his receipts within thirty (30) days of the date of the first sale, he shall forfeit all deposits made.

(L.L. No. 17 of 1989, § 1)

It shall be unlawful for any person to conduct or operate or permit to be conducted or operated a transient retail business within the town without first obtaining a license from the town clerk.

(Code 1966, §§ 18-52, 18-56)

The application for the license required by this division shall include a statement verified by the person or persons who are to conduct such business and, if a corporation, by the president and treasurer thereof, containing the following information:

(1)

The full name and address of each of such persons, and, if a corporation, the state under the laws of which organized, the exact location of its principal office and place of business, and the names and addresses of its officers.

(2)

The exact nature and location of the business engaged in by such persons during the five (5) years immediately preceding the filing of such statement, and in the case of a corporation organized less than five (5) years, since its organization.

(3)

The exact location within the town where such transient retail business is to be conducted.

(4)

The date on which such person intends to begin doing such business within the town.

(Code 1966, § 18-57)

No person shall be issued a license pursuant to this division until he deposits with the town clerk the sum of five hundred dollars ($500.00) in cash as security for the payment of the tax imposed by this article. Upon the filing with the town clerk of satisfactory proof that the person so marking such deposit has discontinued such transient retail business, the town clerk shall return the cash deposit or so much thereof as shall remain in his hands after deducting all sums due the town under the provisions of this article. In the event that reports are not filed, the deposit shall be forfeited and no further license under this article shall be issued to the applicant until the reports are filed.

(Code 1966, § 18-56)

Upon filing of the statement required by this division, the town clerk shall immediately cause an investigation to be made of the parties named in such statement, along with the merchandise, and after such examination, the town clerk may refuse to issue a license to conduct such business if in the judgment of the clerk the public interest so requires.

(Code 1966, § 18-58)

The fee for a license required by this division shall be two hundred fifty dollars ($250.00) per month.

(Code 1966, §§ 18-52, 18-53, 18-56; L.L. No. 12 of 1988, § 1; L.L. No. 17 of 1989, § 2)

In the event that any person fails to begin the conduct of the transient retail business at the place specified in the statement filed pursuant to section 12-217 within ninety (90) days after the filing of such statement, such person shall not thereafter conduct any such retail transient business within the town until a new license application, duly verified, and containing the information set forth in such section and a new security deposit have been filed with the town clerk and a new license has been issued.

(Code 1966, § 18-60)