A. Generally. It shall be unlawful for any person, within the corporate limits of the City, to act as a peddler, commercial solicitor or charitable solicitor as herein defined without first having obtained and paid for and having in force and effect a license therefor.

B. Limited exemption. Notwithstanding the foregoing, or any other provision of this article, a nonprofit organization or a nonprofit corporation or its members may act as a peddler, provided that such nonprofit organization or nonprofit corporation or its members shall obtain from the Mayor prior written permission to sell specified goods, wares or merchandise for and on behalf of such nonprofit organization or nonprofit corporation at specified places in the City and at specified hours not to exceed a total of 48 hours in any one year.

A. Nothing in this article shall be held to apply to:

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

A. Generally. Notwithstanding any contrary provisions of this article the following procedure shall be applicable to all applications for a charitable solicitor's license and the carrying on of charitable solicitation thereunder.

B. Application form. Any charitable or religious organization intending to solicit funds within the City of Binghamton by means of a door-to-door drive or direct, personal solicitation shall file an application with the City Clerk to exempt persons soliciting for such organizations from the provisions of this Code generally applicable to commercial solicitors. Such application shall be verified and contain the following information:

C. Approval of application. The City Clerk shall approve all applications received in proper form, provided that the donations are approved as tax deductible according to the provisions of the Internal Revenue Code of the United States. If such donations are not tax deductible, the City Clerk, prior to approving any such application, shall require such other information as may be reasonable or necessary in order to determine that said organization is, in fact, religious or charitable in nature and function as distinguished from a means of soliciting funds for individual pecuniary benefits of the solicitor or for commercial purposes and, further, that the funds solicited actually shall be used for the purposes of such organization.

D. Lists of solicitors to be maintained. Any charitable or religious organization obtaining a charitable solicitor's license for the purpose of soliciting funds in the City of Binghamton shall maintain a list or file of all solicitors at its principal office, which list or file shall be made available for inspection from time to time upon the request of the City Clerk.

E. Identification card. Every person soliciting for or on behalf of any charitable or religious organization licensed hereunder shall carry on his or her person a written identification and shall produce the same upon the request of any person. Failure to produce the same shall constitute a violation of this section.

F. Applicability of remaining provisions. The remaining provisions of this article not in conflict with the above special procedure shall be deemed applicable to all charitable solicitor's licenses issued hereunder and to the holder of any such license.

A. Name, description and age of the applicant.

B. Address of the applicant.

C. A brief description of the nature of the business and the goods to be sold and in the case of products of a farm or orchard, whether produced or grown by the applicant.

D. If employed, the name and address of the employer (for purposes of peddling or soliciting).

E. If a vehicle is to be used, a description of same, together with a license number or other means of identification.

F. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance of the City, the nature of the offense, and the punishment or penalty therefor.

G. 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.

H. If food, ice cream, fish, produce, beverages and other edible products to be consumed by the public are to be vended, sold or conveyed, a certificate or report from a physician licensed to practice medicine in this state that the applicant is free from communicable disease must be submitted. If assistants are to be used, such a certificate shall be submitted for each assistant.

I. The length of time for which the applicant desires the license.

J. The names, addresses and ages of any assistants who may be employed by the applicant pursuant to § 307-23 of this chapter.

K. Such other information as may be required by the City Clerk.

A. Upon receipt of the findings of the Detective Division as provided in § 307-8, the City Clerk shall, except as set forth below, issue to the applicant a license as required by § 307-3, signed by the City Clerk or the Deputy City Clerk.

B. Except as herein provided, no license shall be refused except for a specific written reason and for the protection of the public safety, health, morals or general welfare.

C. All licenses shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which they are issued.

A. Any applicant refused a license by the City Clerk may apply in writing to the Mayor for a hearing on his or her application before a hearing officer designated by the Mayor. The Mayor may, in his or her discretion, designate a City officer as permanent hearing officer for appeals under this section, or he or she may make such designations on an individual basis.

B. Said hearing must be held within five business days of the receipt of the request by the Mayor.

C. The hearing officer shall explain his or her denial or approval of the application in writing to the City Clerk and the applicant within five business days of the hearing.

D. If the hearing officer grants the application, the City Clerk shall issue the license pursuant to § 307-9 of this chapter.

A. The name and address of the licensee and the fee paid for the license.

B. The kind of goods, wares and merchandise to be sold or service to be rendered.

C. The kind of vehicle, if any, to be used in the conduct of the business.

D. The number of the license and, if any, the vehicle plates issued pursuant to § 307-21A of this article.

E. The dates of issuance and expiration of the license.

A. The Mayor may revoke a license issued under the provisions of this article for any of the following causes:

B. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. The Mayor shall notify the City Clerk of the revocation of any license; and the reason or reasons therefor in writing shall be served by the City Clerk upon the person named in the application for the license, or by mailing the same to the address given in the application. A copy of such notice shall be filed in the office of the City Clerk.

A. To be provided; transfer, assignment prohibited. The City Clerk shall supply vehicle plates to licensed peddlers and solicitors. Such plates shall not be transferred or assigned.

B. Display; contents. The vehicle plates shall be prominently displayed by every licensee of a vehicle. Such vehicle plates shall state the character and number of the license and the date of expiration. The display of the vehicle plates are hereby made a condition of every license to which such plates apply; and failure by the licensee to display the vehicle plates, as aforesaid, while in the exercise of his or her license, shall be cause for the revocation of such license.

C. Fee. A charge in an amount as set from time to time by resolution of the City Council shall be made by the City Clerk for such vehicle plates (See The Current Fee Schedule).

A. Not falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or offer for sale any unwholesome, tainted or diseased provisions or merchandise.

B. Keep the vehicle and receptacles used by him or her 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 officer and the county sanitary code.

C. Not blow a horn, ring a bell or use any other noisy device to attract public attention to his or her wares or shout or cry out his or her wares.

D. Not stand or permit the vehicle used by him or her to stand in any one place in any public place or street for more than 10 minutes. For the purposes of this section, a licensed peddler or solicitor shall at the end of said 10 minutes move at least 50 feet.

E. Not sell any confectionery or ice cream within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.

F. Not permit any vehicle used by him or her to stop or remain on any crosswalk.

G. Conduct licensed activities only between the hours of 8:00 a.m. and 8:30 p.m. daily.

H. Not 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 unless a permit for said activity has been duly procured.

I. Not use the vehicle plates issued under § 307-20 after the expiration or revocation of the license represented by them.

A. It shall be unlawful for any person, or any nonprofit corporation or organization or its members, whether subject to these license provisions or not, to go from place to place or house to house, or to stand in any street or public place, for the purpose of peddling, soliciting or seeking charitable contributions without first having registered with the Detective Division of the Police Bureau.

B. Registration with the Detective Division of the Police Bureau shall consist of the following:

A. Peddling and soliciting are forbidden in the area bound by the north side of Court Street, east side of Exchange Street, and north bank of Susquehanna River and the east bank of the Chenango River during the following periods of time: commencing three hours prior to the time during and one hour following all events held at the building commonly known as the "Broome County Arena."

B. The license of any peddler or solicitor engaged in the pursuit of said vocation during the above-mentioned times in said area is subject to immediate revocation and the forfeiture of any license fee.

A. Except as specifically set forth in this article, all regulations applicable to peddlers as set forth in Article II of this chapter shall be applicable to persons issued pushcart permits hereunder.

B. A valid peddler's license for the current year issued by the City Clerk shall be in force prior to the issuance of any permit hereunder.

A. In addition to the fee set forth at § 307-5 to obtain a peddler's license, the annual fee for a permit issued under this article shall be in an amount as set from time to time by resolution of the City Council (See The Current Fee Schedule).

B. All permitted pushcart vendors will be allowed to utilize one table, with a maximum of four chairs at this table, at each pushcart location, and shall pay a fee as set from time to time per table to the office of the City Clerk prior to said utilization (See The Current Fee Schedule).

A. A copy of the verified application form for a peddler's license required by § 307-7 of this Code.

B. A copy of a current City of Binghamton peddler's license issued under Article II of this chapter.

C. Verified certification of compliance by the appropriate officer of the Broome County Health Department that the applicant is in compliance with all applicable food vending regulations. This subsection does not apply if the applicant verifies that food products will not be sold from the cart.

D. Insurance.

A. All persons wishing to obtain a permit as a stationary pushcart vendor shall make an application pursuant to the procedures set forth in Subsection B below. However, should more than six applicants appear on that date, the determination as to which six applicants shall be granted a license shall be determined by lottery. However, upon consultation with the Corporation Counsel, a potential vendor chosen in the lottery may be denied a license for valid reasons as set forth in § 307-7 and § 307-9. However, a previous permit holder with satisfactory performance records will be given priority in requesting and obtaining a permit for the location held by that permit holder under the prior year's permit. If any of the locations as set forth in this article are vacant (in that there is no existing permit holder from the prior year), that location shall be filled by means of a lottery. The vacated locations will be assigned by lot to an eligible permit holder chosen based upon the lottery procedure set forth above. If there are still available locations following the assignment of renewal permits to previous permit holders, and following a lottery of all new applicants applying on the first day applications are accepted, applicants may choose a site desired in order of the earliest date of receipt of application.

B. Beginning with the year 2006, applications for permits shall be made in person by the applicant in the office of the City Clerk on the second Monday in February of each license year. The City Clerk shall establish a procedure for the public distribution of applications prior to the date set forth above.

C. In no event shall applications be received by the Clerk prior to 9:00 a.m. on the second Monday in February of each license year nor after 4:00 p.m. on the second Monday in March of each license year.

D. All applications shall be reviewed and investigated pursuant to the regulations set forth under Article II of this chapter.

A. Types of goods. Permit holders hereunder shall be entitled to vend food items and nonalcoholic beverages for human consumption and//or cut flowers.

B. Areas of operation. Permit holders shall operate their vending carts only in the following areas:

A. All permits issued hereunder shall be valid for a period of one year, expiring at 12:00 midnight of the second Monday of March.

B. All inventory shall be kept within the cart and out of the public view.

C. The area surrounding the carts shall be kept clear of trash, debris, snow and ice and the vendor shall provide a garbage can for the use of his or her customers and shall properly dispose of all trash collected in that receptacle. Proper disposal of all trash so collected shall not include disposal of the trash by placing it in the public trash receptacles provided by the City of Binghamton.

D. No animals shall be kept by the vendor near the stand.

E. Parking meters, utility poles, sign poles or property other than the cart operated by the permit holder shall not be used by the permit holder for any purpose, including advertising.

F. Vending shall be permitted only between the hours of 9:00 a.m. and 9:00 p.m.

G. Carts shall be removed at the end of each business day.

H. Carts shall not obstruct free public passage on sidewalks or malls.

I. No carts shall exceed the total height of 50 inches, including all accessories, except an umbrella. Total dimensions of carts shall not exceed three feet by seven feet. The longest dimension shall at all times be parallel to the curbline when said cart is operated on a sidewalk.