Talkin’ Code with Andrew Getty

Town permission needed to sell merchandise door-to-door from a vehicle by Andrew Getty

the meat guy

Q: Who is the meat guy?

A: Simply put, someone who is driving around town, going door to door selling meat out of the back of his vehicle, without any permits issued by the town.

Q: Why does he keep coming back if he doesn’t have a permit?

A: Obviously, money. And he will keep coming back until the money flow stops, or enforcement begins.

Q: Why is this such a big deal? 

A: Because Local Law requires a Conditional Use Permit to conduct a business.

Although the town does not have a vendors permit, the local zoning regulations require Planning Board approval for any business, and this is clearly a business being operated within the town.

Q: What’s the big deal about a Planning Board permit? Why can’t anyone sell what they want, when and where they choose?

A: Because there is absolutely no health or safety regulatory oversight.

The Town of Webb, just like many other small towns [especially in the Adirondacks], is a tough place to own a business and survive.

Generally the business season is short and the “off” seasons can be long and makes it very difficult for businesses to survive.

Q: Yeah, but this guy can come anytime and may not have to depend on a busy time to sell his stuff. Again, what’s the big deal?

A: All of the local businesses who have dedicated their livelihood to this area, do so at great risk, often with little return.

They live here, become a part of the fabric of the community, support the fire department, the library, View, Community Center, Mac’s Safe Ride, a host of non-profits, their kids go to school here, they create employment for others, pay their taxes and provide vital services to the entire community.

Q: So what, that’s their choice. 

A: Maybe it is their choice, but it’s also their home. It’s a life style of choosing, or maybe necessity.

Either way, the local businesses are committed to the community in many ways.

They financially support the community, not just through taxes, but in so many other ways.

And to have an individual come into town, having absolutely no tie or commitments of any kind to the community, operate a business illegally, take away business from those who dedicate their lives to support the community, is wrong and not in the best interest of the community.

There are also real safety and health issues in this case.

Q: This seems like a law to just protect the locals, right? 

A: Think what you wish, but this law applies to everyone, even locals. There have been a number of situations where a local has “set up shop” in an inappropriate manner or location, without a Conditional Use Permit granted by the Planning Board, who were shut down.

The process is in place to provide a consistent platform of review, with a duly advertised public hearing for all to hear and comment on.

The merits of the application are then heard by all, and decisions made accordingly.

This is as open a process, and is fair to all.

Q: It’s still just a way to keep people out, what are you going to do about it? 

A: Clearly it is not meant to keep people out. You may think it is, because you think we are attacking you.

The process is in place to provide an equal opportunity to anyone, and to protect the health, safety and welfare of the community in general.

To answer your second comment, “what are we going to do about it?” …if we have to, we will commence enforcement actions.

However, if you stop your activities and begin the process to operate legally in the town, no enforcement action will take place.

Q: What kind of enforcement, are we just going to pay a fine… maybe it’s worth it!

A: We have several options, court appearance tickets may be issued by this office to appear in the local court.

Or, the town can seek remedy through the Supreme Court.

Substantial fines and potential imprisonment apply.

Q: You can give me a ticket? You’re just a zoning guy! You are not a Police Officer!

A: Yeah, we can issue tickets relative to zoning and the State Uniform Code.

However, the Police may be able to enforce a host of other laws outside the town’s local law.

The above is to help protect the health, safety and welfare of all. Who is this guy knocking on your door? Can you trust him? Who knows him? Does he have a permit? Does the State Health Department know about him? Where did the meat come from? Is he inspected just like the local grocer or restaurant owner?

Please call 911 if anyone knocking on your door is selling anything out of their vehicle.

Knowledge and understanding of the rules, and why they are in place, is important.

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