Legislation
SECTION 117-C
Hawking, peddling, vending, sale of goods, wares or merchandise; Erie county; certain areas
Highway (HAY) CHAPTER 25, ARTICLE 6
§ 117-c. Hawking, peddling, vending, sale of goods, wares or
merchandise; Erie county; certain areas. Notwithstanding any law to the
contrary, except section thirty-five of the general business law, the
county of Erie shall have the power to enact a local law prohibiting
hawking, peddling, vending and sale of goods, wares or merchandise or
solicitation of trade in the right-of-way of county roads adjacent to
arenas, stadiums, auditoriums or like facilities, which contain fifty
thousand or more seats, which are used for events likely to attract
large numbers of spectators, including but not limited to home games of
a National Football League franchise. Provided, however, that the power
to enact such local law shall be subject to the requirement that
provision be made, by lease agreement, regulation or otherwise, for the
hawking, peddling, vending and sales of goods, wares or merchandise or
solicitation of trade in designated vending areas on the ground of
county-owned lands leased for use as an arena, stadium or auditorium or
like facility which contain fifty thousand or more seats; and further
provided that members of the armed forces of the United States who (a)
were honorably discharged from such service, or (b) have a qualifying
condition, as defined in section one of the veterans' services law, and
received a discharge other than bad conduct or dishonorable from such
service, or (c) are discharged LGBT veterans, as defined in section one
of the veterans' services law, and received a discharge other than bad
conduct or dishonorable from such service, and who are entitled to hawk,
vend, sell or peddle merchandise in the public right-of-way pursuant to
sections thirty-two and thirty-five of the general business law, shall
be given first preference in any assignment or vending locations or in
the allocation of such locations.
merchandise; Erie county; certain areas. Notwithstanding any law to the
contrary, except section thirty-five of the general business law, the
county of Erie shall have the power to enact a local law prohibiting
hawking, peddling, vending and sale of goods, wares or merchandise or
solicitation of trade in the right-of-way of county roads adjacent to
arenas, stadiums, auditoriums or like facilities, which contain fifty
thousand or more seats, which are used for events likely to attract
large numbers of spectators, including but not limited to home games of
a National Football League franchise. Provided, however, that the power
to enact such local law shall be subject to the requirement that
provision be made, by lease agreement, regulation or otherwise, for the
hawking, peddling, vending and sales of goods, wares or merchandise or
solicitation of trade in designated vending areas on the ground of
county-owned lands leased for use as an arena, stadium or auditorium or
like facility which contain fifty thousand or more seats; and further
provided that members of the armed forces of the United States who (a)
were honorably discharged from such service, or (b) have a qualifying
condition, as defined in section one of the veterans' services law, and
received a discharge other than bad conduct or dishonorable from such
service, or (c) are discharged LGBT veterans, as defined in section one
of the veterans' services law, and received a discharge other than bad
conduct or dishonorable from such service, and who are entitled to hawk,
vend, sell or peddle merchandise in the public right-of-way pursuant to
sections thirty-two and thirty-five of the general business law, shall
be given first preference in any assignment or vending locations or in
the allocation of such locations.