[HISTORY: Adopted by the Town Board of the Town of Wheatland 12-16-1976
by L.L. No. 2-1976 (Ch. 65 of the 1980 Code). Amendments
noted where applicable.]
This chapter shall be known as the "Peddlers and Solicitors Law of the
Town of Wheatland."
[Amended 7-10-1980 by L.L.
No. 11-1980]
It is declared to be the public policy of the Town of Wheatland to promote
honest and fair merchandising of goods and services to the residents of the
Town, to prevent abuses by peddlers, vendors and salesmen who solicit the
sale of goods and services by means of direct home contacts, to require that
the identity of persons going door to door in the Town be established and
to otherwise promote the health, safety and welfare of the residents of the
Town.
As used in this chapter, the following terms shall have the meanings
indicated:
A permanent building, store or depository in which or where the person
transacts business and deals in the goods, wares, commodities or services
he peddles, vends or solicits in the ordinary and regular course of business.
The selling, bartering or trading of or offering to sell, barter
or trade any goods, wares, commodities or services.
Includes, unless otherwise herein provided, any person who engages
in merchandising any goods, wares, commodities, books, periodicals or services
or solicits contributions of goods or moneys by going from house to house,
place of business to place of business or in any public street or public place
or by temporarily occupying a room, building or other premises therefor.
Includes any individual, firm, partnership, corporation, unincorporated
association and principal or agent thereof.
A store, room, building, tent, enclosure or structure of any kind
intended to be occupied for the period of time necessary to peddle, vend or
solicit the merchandise or products therein housed initially, without the
intent to replenish or restock goods, wares and merchandise sold therein.
In all prosecutions for a violation of this chapter, the intent of the defendant
to conduct an established place of business shall be a material fact, and
the burden of proving such intent shall be upon the defendant in such prosecution.
It shall be unlawful for any person within the jurisdiction of this
chapter to act as a peddler, vendor or solicitor, as herein defined, without
first having obtained and paid for, and having in force and effect, a license
therefor.
A.
The provision of this chapter shall not apply to the
following:
(1)
Any person soliciting at the express invitation of the
person solicited.
(2)
A wholesaler selling articles to dealers or merchants
who have an established place of business within the Town.
(3)
A truck gardener or farmer who himself or through his
employees vends, sells or disposes of products of his own farm or garden.
(4)
A person soliciting on behalf of any public or private
school located within the Town of Wheatland or a person soliciting for any
voluntary firemen's association, veterans organization, fraternal organization,
service group or other nonprofit organization or association which maintains
a chapter or local organization within the Town of Wheatland.
(5)
Auction sales held pursuant to law by a sheriff or other
officer authorized by law to conduct such sale.
(6)
The sales, auctions or dispensing of any products or
services by a volunteer firemen's company or association, veterans organization,
fraternal organization, service group or other nonprofit organization or other
association which maintains a chapter or local organization within the Town
of Wheatland, at a fair or carnival conducted within the Town of Wheatland.
(7)
Members or representatives of a church or religious organization
or sect in the exercise of legitimate religious activities, provided that
such persons or the church, organization or sect which they represent, prior
to the commencement of such activities, notifies the Town Clerk of their intended
peddling, vending or soliciting, and further provided that such activities
are carried out in an orderly manner without annoyance or harassment to the
persons solicited or in any way disturbing the peace or creating a public
or private nuisance.
(8)
Veterans holding licenses obtained pursuant to § 32
of the General Business Law.
[Added 7-10-1980 by L.L.
No. 11-1980]
(9)
Any person engaged in the delivery of goods, wares or
merchandise or other articles or things, such as bread, milk and newspapers,
in the regular course of business, to the premises of persons who had previously
ordered the same or were entitled to receive the same by reason of a prior
agreement.
[Added 7-10-1980 by L.L No.
11-1980]
B.
This chapter shall not apply so as to interfere unlawfully
with interstate commerce.
A.
Every applicant for a license is required to submit to
the Town Clerk a written application supplying, under oath, the following
information:
(1)
Name of applicant and date of birth (Clerk must see proof
of identification).
(2)
Permanent home residence.
(3)
Name and address of firm or organization represented,
if any.
(4)
The length of time for which the license is required.
(5)
A description of the goods, wares, commodities or services
to be offered for sale, together with a price list, if applicable.
(6)
All felonies, misdemeanors or crimes of which the applicant
has been convicted.
(7)
A letter of authorization from the firm or organization
which the applicant purports to represent.
(8)
Vehicle make and plate number.
B.
If the applicant has one or more employees who will work
in the Town, the same information must be supplied as to each employee.
[Added 7-10-1980 by L.L.
No. 11-1980; amended 2-1-2007 by L.L.
No. 1-2007]
A.
When the application is properly filled out and signed
by the applicant, the Clerk shall refer the application to the Monroe County
Sheriff's Office, which shall make or cause to be made within five days such
investigation of the applicant's business responsibility and character as
be deems necessary for the protection of the public good.
B.
If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory, the Monroe
County Sheriff's Office shall endorse on such application its disapproval
and the reasons therefor and shall return the application to the Clerk. Any
determination by the Monroe County Sheriff's Office that an application is
unsatisfactory shall be based on one or more of the following findings with
respect to the applicant:
C.
In the absence of any such findings, the Monroe County
Sheriff's Office shall find the application satisfactory, shall endorse its
approval on the application and shall return the application to the Clerk.
[Amended 7-10-1980 by L.L.
No. 11-1980; 2-1-2007 by L.L. No. 1-2007]
A.
If an application is found unsatisfactory by the Monroe
County Sheriff's Office and it has endorsed its disapproval on the application,
the Clerk shall notify the applicant that the application is disapproved and
shall deny the applicant any license.
B.
If an application is found satisfactory by the Monroe
County Sheriff's Office, the Clerk shall issue a license to the applicant
specifying the particular business authorized. This license shall be nontransferable
and shall be in the continuous possession of the licensee while engaged in
the business licensed. This license shall be produced upon the demand of any
Town official, prospective buyer, police officer or sheriff. All sales people
should have a copy of the license upon their persons.
A.
The Town Clerk shall keep a record of the applications,
the determination thereon and of all licenses issued in accordance with this
chapter. The record shall contain the name and residence of the person licensed,
the location of the business, the amount of the license fee paid, the date
of expiration of the license and the date of revocation of all licenses. A
copy of each license shall be forwarded to the Monroe County Sheriff's Office.
[Amended 2-1-2007 by L.L. No. 1-2007]
B.
All licenses hereunder shall expire no later than six
months from date of issue.
A.
The Town Board of the Town of Wheatland shall, from time
to time, by resolution establish a schedule of fees to be paid for any license
issued pursuant to the provisions of this chapter.
B.
All fees shall be payable at the time of the issuance
of the license and shall be paid in cash or certified funds.
A peddler, vendor or solicitor, whether licensed or exempt from licensing
pursuant to the provisions of this chapter, shall:
A.
Not willfully misstate the quantity or quality of any
article or services offered for sale.
B.
Not willfully offer for sale any article of an unwholesome
or defective nature.
C.
Not call attention to his goods by creating any public
disturbance, unusual noises or the use of loudspeakers or public address systems.
D.
Not cause a private or public nuisance.
E.
Keep the vehicle and/or receptacles used by him in the
furtherance of his licensed business in a sound, clean and sanitary condition.
F.
Keep his edible articles offered for sale well-protected
from dirt, dust and insects.
G.
Not stand, hawk, peddle or solicit, or solicit funds,
on or near the premises of any business establishment, shopping center or
mall without the written consent of the owner or individual, agency or organization
responsible for the management and/or operation of the same.
H.
Not sell or vend within 250 feet of any school property
between the hours of 8:00 a.m. and 4:00 p.m. on school days.
I.
Not enter upon private property for the purpose of peddling
or soliciting before the hour of 9:00 a.m. of any day or after 1/2 hour before
sunset of any day, except upon the invitation of the householder or occupant.
J.
It shall be unlawful for any peddler or solicitor in
plying his trade to ring the bell or knock upon or enter any building whereon
there is painted or otherwise affixed or displayed to public view any sign
containing any or all of the following words: "No Peddlers," "No Solicitors,"
"No Agents" or other wording, the purpose of which purports to prohibit peddling
or soliciting on the premises.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Town Board of the Town of Wheatland after notice and
hearing for any of the following causes:
(1)
Fraud, misrepresentation or any false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in the
course of carrying on his business as peddler, vendor or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling in an unlawful manner
or in such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public.
B.
The Town Clerk, upon receiving information giving him
reasonable cause to believe that the holder of any license issued hereunder
has violated any provision of this chapter or has been convicted of any violation
referred to in this section, or has been indicted or charged with or for any
crime or offense, or has been convicted of any crime or offense, may forthwith
temporarily suspend such license until a hearing is held by the Town Board
as provided herein and the Town Board shall have issued its determination
thereon.
C.
Notice of hearing for revocation of a license shall be
given in writing, setting forth specifically the grounds of the complaint
and the time and place of hearing. Such notice shall be mailed, postage prepaid,
to the licensee at his last known address at least five days prior to the
date set for the hearing.
D.
If the licensee has one or more employees, the revocation
hereunder shall apply to the licensee and all employees if either he or any
one or more of his employees are determined to be in violation of this chapter.
Any person aggrieved by the action of the Town Clerk in the denial of an application for a license, as provided in § 99-8 of this chapter, shall have the right to appeal to the Town Board of the Town of Wheatland. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The Town Board may deny such license setting forth its reasons or grant such license on such terms and conditions as it deems appropriate.
[Amended 7-10-1980 by L.L.
No. 3-1980]
Any person, firm or corporation committing an offense against any provision
of this chapter shall be punishable as provided by the general penalty provisions
of the Town of Wheatland.[1]
