Albany Municipal Code § 5-19 Sale of Christmas Trees, Pumpkins and Other Seasonal Decorations

[1]

Editor's Note: As to amount of license tax, see subsection 5-2.2 of this chapter.

[Ord. #637, § 2; 1958 Code § 27.6]

As used in this section:

CHRISTMAS TREE

Shall mean any tree, plant or shrub offered for sale for the purpose of Christmas decoration and which is commonly used as such.

[Ord. #637, §§ 1, 7; 1958 Code § 27.7; Ord. #94-012, § 2]

It shall be unlawful to sell Christmas trees in the City without a permit to do so issued by the Fire Chief of the City of Albany or his/her designee; provided, however, that this subsection shall not apply to trees, sold entirely within the confines of established places of business, including, but not limited to, grocery stores, drugstores, hardware stores, general merchandise stores and nurseries.

[Ord. #637, § 3; 1958 Code § 27.8; New; Ord. #94-012, § 3]

Application for a permit to sell Christmas trees shall be made in writing to the City Clerk and shall contain the following information:

a. The name, address and telephone number of the applicant.

b. The location where it is proposed to sell the trees.

c. The name and address of the owner of such location.

d. The type and description of the trees it is proposed to sell.

e. The date it is desired that the permit shall become effective.

[Ord. #637, § 4; 1958 Code § 27.9; Ord. #94-012, § 4]

The Fire Chief may, without stating the reasons therefor, reject any application for a permit under this section which it deems inadvisable to grant. In the event of the Fire Chief, or his/her designee rejects any application for a permit under this section the applicant may appeal such determination to the Planning and Zoning Commission in a manner and form similar to such appeals that are made from determinations of the Planning Director.

[Ord. #637, §§ 4, 6; 1958 Code § 27.10]

No permit shall be issued under this section unless the application therefor has been approved by the Chief of the Fire Department. Such approval shall be given only after the Chief determines that the location for which the permit is sought does not constitute a fire hazard.

[Ord. #637, § 5; 1958 Code § 27.11]

A permit issued under this section shall be for a period not to exceed sixty (60) days from its effective date.

[Ord. #637, §§ 4, 6; 1958 Code § 27.12; Ord. #91-05, § 3]

All permits shall be subject to the payment of a fee as cited in the City of Albany Master Fee Schedule.

Upon the approval of the Chief of the Fire Department made in writing to the City Clerk that all locations for which a permit has been granted do not present a fire hazard by reason of such trees or any rubbish created thereby, a refund as cited in the Albany Master Fee Schedule shall be returned to the applicant; provided, that request for same is made in writing to the City Clerk within ten (10) days following the expiration of the permit.